הרב צבי דידי משיב כהלכה
Country: ישראל

Question

A dairy worker in a moshav caused injury to one of the cows during milking. The cow was sent to a veterinarian, and the cost of treatment came to 500 NIS. Is the worker obligated to pay?

 

 

Answer

A medical opinion should be obtained from the veterinarian to determine whether the injury sustained by the cow would have healed over time, and treatment was needed only to expedite the healing and prevent its suffering. If that is the case, it is not possible to collect payment from the worker for the treatment, since according to halachah, liability for “medical expenses” applies only to a person, not to an animal, because it is considered indirect causation. The Torah imposed liability for such indirect causation only in the case of a person. However, he is liable to pay according to the laws of Heaven, though some exempt him even according to the laws of Heaven when there was no intent to cause damage.

However, if the animal would not have recovered without the medical treatment, he is liable even under human law, since in that case it is defined as “damage,” rather than “medical expenses,” and liability for damage applies to animals as well.

 

 

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