Dear Rabbi,
The neighbor below me built a sukkah in the building’s parking area. He dismantled it the day after Sukkot, but left the screws scattered in the parking area. I drove in to park where he had built his sukkah, and two of my tires were punctured.
I had to replace one tire and repair the other. Is he obligated, under Torah law, to pay me for the damage? We agreed to ask a Rabbi.
Thank you very much.
Shalom u’vracha,
It is not possible to issue a ruling in monetary matters without hearing both sides; however, I will address such a case in general terms.
A person may not leave screws in a public parking area where vehicles pass, since this is considered a bor (pitfall) in the public domain, and it is forbidden.
However, if a vehicle was damaged by screws that the neighbor left in the parking area, he cannot be obligated to make payment, since a bor is exempt from liability for damage to vessels. This is derived from the verse, “and an ox or a donkey falls into it”—an ox, but not a person; a donkey, but not vessels.
Nevertheless, if the neighbor dismantled the sukkah and personally threw the screws onto the ground, he is liable according to the laws of Heaven, as one who causes damage indirectly (grama). Therefore, he should pay in order to appease the neighbor whose vehicle was damaged, so as to discharge his liability before Heaven.
With blessings,
Rabbi David Ohayon
This response was translated automatically from Hebrew and has not yet been reviewed by a person. It may therefore contain inaccuracies and should not be considered a definitive reference.
PLEASE NOTE*
Attention: You should not learn from one case to another, each case must be analyzed individually. Generally speaking, it's always best to have contact with a Rabbi in person, not just virtual contact. Note that where there is a local Rabbi("Mara Deatra"), one should ask him. The answers are under the responsibility of the rabbi who responded, and not under the responsibility of the website and/or the Head of the Institution.
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