Entered his fellow's courtyard with permission and caused damage | Inadvertent damages | Ask the Rabbi - SHEILOT.COM

Entered his fellow's courtyard with permission and caused damage

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Question

He entered his friend's yard to take something he needed from him (with his permission), and it was dark and he stumbled over a protruding ceramic tile and it broke. Is he obligated to pay?

Answer

Shalom u'vracha.

If he was not expected to see it, he is exempt.

Source

Siman 412:1: people are not accustomed to scrutinize the pathways. And the fact that this was in the property of the damaged party is explained in Siman 378:6, that the claim "your ox—what was it doing in my domain?" is effective only when he entered without permission, but if he entered with permission, then even if the homeowner damaged the one who entered, he is liable.

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