Skip to main content Accessibility help
×
Hostname: page-component-5c6d5d7d68-qks25 Total loading time: 0 Render date: 2024-08-07T05:18:18.509Z Has data issue: false hasContentIssue false

15 - Heyzek she-eyno nikar: indiscernible damage to property

Published online by Cambridge University Press:  06 January 2010

Get access

Summary

The sugya is Gittin 53a–54b and is appended to the Mishnah (Gittin 5: 4) in which the rule is given that there are three instances of damage to property in which the perpetrator is only liable if he did the damage intentionally (mezid), not if he did it unintentionally (shogeg). The three instances are: (1) contamination of terumah (the tithe given to the priest, which cannot be eaten if unclean); (2) mixing terumah with ordinary, non-sacred food (ḥullin), i.e. mixing some terumah in a neighbour's ḥullin with the result that the mixture can only be eaten by priests and hence loses a good deal of its market value; (3) ‘stirring’, i.e. stirring a neighbour's wine as a libation to idols, the wine thus being rendered unfit for use (according to others, see Gittin 52b–53a, ‘stirring’ means mixing wine that has been ‘ stirred’ as a libation with the wine of a neighbour so as to render the whole forbidden). These three are examples of indiscernible damage. The property remains, to the eye of the beholder, as it was before and yet damage has been done to it. The question discussed is whether there is compensation in law for such indiscernible damage, since it is possible to argue that the law only demands compensation for damage that can be discerned as such. The authorities who hold that there is compensation even for indiscernible damage are said to hold that heyzek she-eyno nikar shemah heyzak, literally ‘ damage that is indiscernible has the name of damage’, i.e. falls under the heading of damage and requires therefore to be compensated for in law.

Type
Chapter
Information
The Talmudic Argument
A Study in Talmudic Reasoning and Methodology
, pp. 144 - 159
Publisher: Cambridge University Press
Print publication year: 1984

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×