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I was coming out of a store today in a frum shopping center, and I saw a car while it was pulling out it hit the and scratched the front corner of the car next to it (the driver looked frum). It was quite obvious, and I am pretty sure the driver realized that it scratched up the car. Now my question is, the driver just left without doing anything, or leaving any notes. Should I have told the driver something (my assumption is the driver new), or just ignore the situation. Would it have been Loshon Horah, or Mesirah if I would have left a note with the cars licsence plate number?
As far as the chiyuv of the mazik to make good for the actual hezek, I can’t imagine how this would be mesira.
The issues I see here are:
1) Would the mazik suffer additional penalties, such as losing his/her license, or even more severe penalties for hit-and-run? If so, would this constitute mesira?
2) Halachikly, I believe the only chiyuv the mazik has is for the lessening of the value of the damaged object, while U.S. law may carry a greater obligation; that of restoring the damaged area into a like-new state. Does the fact that the mazik may be civilly liable for a greater amount than halacha dictates play a part here?
Ask a Rov
ICOT,
what about dina dimalchusa
coffee addict-
“what about dina dimalchusa“
As far as the legal monetary obligation potentially being higher than the halachik one? A while back, “Joseph” said that in such cases, with two Jews, halacha takes precedence. I asked Rav Belsky if that was true, and (IIRC) he didn’t answer yes or no, but said the two parties should work it out, which sounds like a “yes” to me. If one of the parties isn’t Jewish, I have no idea what the halachik obligation would be – i.e. if it would be the dina d’malchusa civil obligation or not.
i think you should have left a little note and put down the guys license number.
I think that if you can’t be moser someone who is dangerous and can destroy a person’s life, you should mind your own business in such a simple case.
Real-brisker
I meant for the future so you actually know what to do Halachically.
real-brisker — I don’t know anything about the halachos of mesirah, but it seems to me assuming both people are Jews you are not talking about mesirah (had you called up the police it would be a different story. . .) — although the victim may have that shaalah.
The issue seems to be one of rechilus (reporting to someone something bad that someone else said/did to them), and would therefore be subject to the rules of rechilus l’toeles. Enabling someone to receive compensation that is coming to them is in that category, provided the prerequisites for rechilus l’toeles are met, including first hand knowledge (you saw it happen), first attempting to speak directly to the wrongdoer, accurate reporting with no exaggeration, there is no other way for justice to be done, you have no ulterior motives, and the person spoken about will not receive any harsher punishment then what is coming to him under halacha. In this case the two that may pose a problem seem to me to be that you didn’t first attempt to speak to the person directly, and the fact that by reporting him he may end up being forced to pay something that is not in accordance with Halacha, as others posted earlier. I don’t know bottom line — ask a Posek! But it is not simply a matter of saying “mind your own business” because in a case where rechilus is considered l’toeles, often you have an OBLIGATION to say it.
no- why are you getting involved. why would you want to maser on another Jew?
I dont understand why he would be allowed to maser on another jew? I dont even see where there is a question
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