The Book of Torts

About the Book

The Book of Torts is the 11th book in the “Mishne Torah”, it deals with the laws of Torts according to Judaism.

The laws in this book start the topic of Law and Governance, which continue for the rest of the “Mishne Torah” – Torts, Acquisition, Justice and Judges.

The book of Torts deals with all damage man may be responsible from worse to worst. It begins with damage caused by property, for example by your ox. Later on damages done in private, and robbery. After that damage caused by not returning a lost item. Worse than these are damages man causes himself, when he injures other or ruins their belongings, and even worse is giving others property to the hands of violent people.

Towards the end of the book Maimonides brings the laws regarding the fate of a murederer, that has no forgiveness nor redemption fee, only death, as said: “and the blood which is shed in the land cannot be atoned for except through the blood of the one who shed it” (Numbers 35,33).

Structure of the Book:

The Laws Of Damage To Property:

What is the fate of an animal that causes harm to the public? What is the fate of an animal that killed a human? When is a person responsible for an obstacle? What are the limits of responsiblity regarding a fire?

The Laws Pertaining to Theft:

When is a person considered a thief? Does a thief return the item or its value? What punishments are given? What may be purchased from a thief? What is the fate of lying about accuracy of scales and weights? What is the fate of a kidnapper?

The Laws Pertaining to Robbery and [the Return of] Lost Articles:

When is a person considered a robber? Does a robber return the item or its value? WHen may you purchase from a robber? When must you return a lost item? How do you take care of lost items? When does the lost item become your property? When are you forbidden from returning a lost item?

The Laws of Injury and Damages:

What payments are there to compenstate injurying another person? When must you pay for wrecking other peoples stuff? Does one pay for consequential damages?

The Laws of Murderers and the Protection of Life:

What is the fate of a murderer? When is it permitted to kill? What is the punishment for accidentally killing? What is a city of refuge? What is “Egla Arufa”? From what dangers must you beware? What is the attitude towards ninJews? Under what circumstances must you help a Jew whose beast of burden fell on the road?

Example Pages From the Book

Books From This Category:

The Book of Acquisitions

The book deals with the ways of acquisition in Jewish law, collection of property and communication with neighbors.

The Book of Civil Justice

The book deals with financial arrangements that don’t work out well.

The Book of Judges

The book deals with the entirety of the peoples life, the Sanhedrin and kingship.