By Rabbi Meir Orlian | |||
#148 |
Vayakheil Pekudei |
8.03.2013 |
N/A |
Q: What is the liability of one who assaults or inflicts physical injury on another?
A: A person who inflicts physical injury is liable for a five-part payment: nezek (disability), tzaar (pain), ripuy (medical expenditures), sheves (lost wages), and boshes (embarrassment) — whichever are relevant (C.M. 420:3).
Nezek relates to the inherent, permanent disability of the injury, such as loss of limb or ability to see or hear. Tzaar is payment for the pain and suffering associated with the assault or injury, even if there is no disability. Ripuy covers medical expenditures associated with healing the injury. Sheves covers the temporary loss of wages while the victim is convalescing. [Permanent loss of work due to disability is included in nezek.] Boshes covers the embarrassment inflicted on the victim through injuring or hitting him. This payment is required only when the perpetrator intended to embarrass or injure (C.M. 421:1, 11).
Beis din is limited nowadays in its ability to judge cases of physical injury and to enforce payment. Nonetheless, the culprit is obligated to pay and should be censured until he does so. If the victim is able to seize the amount owed, he may keep it (C.M. 1:2, 5).