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Commandment Profile:
-298) No leaving physical dangers where people live | |
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| Application to gentiles: |
Required |
| Mandated punishment for violation: |
From Heaven |
| Brief description: |
Not to leave unguarded hazards such as dangerous objects, open pits, or other stumblingblocks that pose a genuine and significant risk of causing accidental death in ones home or yard. This does not apply to the workplace, synagogues, schools, or other structures that do not serve as human dwellings. Gentiles are not punished for indirectly causing someones accidental death, but they are nonetheless morally obligated to minimize serious dangers (see commandment +238). The rabbis obligated Jews with further rules to prevent physical danger, and these, too, are appropriate for gentiles to follow. Examples: - Not to eat food that is likely to be contaminated with toxins or poisonous bacteria.
- Not to leave knives in places where unsuspecting people might fall onto them.
- Not to enter dilapidated structures that could collapse at any time.
- Not to sell weapons to criminals, nor to provide technologies almost all of which can be adapted to military purposes to Communist-occupied nations.
- Not to be alone with potential criminals, such as blacks in inner-city slums.
- Not to engage in sports or recreation with any risk of injury, which is self-endangerment purely for entertainment.
- Not to live in any area at risk for crime without owning a gun and knowing how to use it effectively.
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| Category: |
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| Biblical source(s) (Rambam): |
Deut. 22:8 |
| Biblical source (Sefer HaChinuch): |
Deut. 22:8 |
| Number in Sefer HaChinuch: |
547 |
Sources explaining relevance to gentiles:
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- Ramban, Bereishis 34:13
Noahide law of dinim includes details of avos nzikin similar to those for Jews, and requires Noahide courts to execute a deliberate madlik gadish of his neighbor, etc.
- Rambam, Mishneh Torah, Melachim 10:1
Other than for manslaughter, gentiles are not liable for sinning as a shogeig.
- Rambam, Mishneh Torah, Nezikin 8:5, 10:1
Gentiles, according to their dinim (a din of the Noahide Laws?), are not liable for damages by their ox, but must pay full monetary restitution for damage to Jews or their property, as a fine to make them guard their animals.
- Magid Mishnah on Rambam, Mishneh Torah, Nezikin 8:5
Jews are not liable to pay for damages to gentiles, despite the fact that many gentile court systems do require such damages; i.e., Magid Mishnah interprets their dinim as referring to rules esablished by gentile courts, not the Noahide Laws themselves (thus gentiles not liable by Torah?).
- Lechem Mishnah on Rambam, Mishneh Torah, Nezikin 10:1
Jewish lack of liability toward gentiles is because their dinim do not require damages; gentile liability toward Jews is a fine to make gentiles more careful.
- Mishnah, Bava Kamma 4:3
Jews are not liable for damages to gentiles by their oxen, but gentiles are fully liable toward Jews, even when the gentiles have not been warned about their oxen.
- Bartenura, Mishnah, Bava Kamma 4:3
Gentile liability for damages to Jews, and Jewish lack of liability toward gentiles, result from gentile failure to follow the Noahide Laws; G-d mercifully released gentiles from the Noahide covenant, sparing them from judgment, on condition that their money is forfeit to Jews (thus different for Hasidic Gentiles?).
- Tosafos Yom Tov, Mishnah, Bava Kamma 4:3
Jewish lack of liability for damages to gentiles is simply a Biblical decree, but TYT agrees with Bartenura on reason for gentile liability for damages to Jews. Also, those who are idolaters are not careful to prevent damages, and must be kept in check.
- Rambam, Mishnah, Bava Kamma 4:3
Asymmetrical monetary liability of idolatrous gentiles toward Jews is rooted in the fact that people with bad character automatically exclude themselves from the human race (thus applying to idolaters, not Hasidic Gentiles).
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