Bible references

Key NT Scriptures

• Ephesians 4:29

Key OT Scriptures

• Deuteronomy 24:14-15
  Jewish Commentary
• Exodus 21:18-36
  Click to retrieve Exodus 21:18-36
  Jewish Commentary
• Exodus 22:1-3
  Jewish Commentary
• Exodus 22:4
  Jewish Commentary
• Exodus 22:5
  Jewish Commentary
• Exodus 22:6-15
  Click to retrieve Exodus 22:6-15
  Jewish Commentary
• Exodus 22:8
  Jewish Commentary
• Exodus 22:9-12
  Jewish Commentary
• Exodus 22:13-14
  Jewish Commentary
• Leviticus 5:21-24
  Jewish Commentary
• Leviticus 19:11-13
  Jewish Commentary
• Leviticus 24:19-20
  Jewish Commentary
• Leviticus 25:21-24
  Jewish Commentary
• Leviticus 25:171
  Jewish Commentary
• Proverbs 11:9
  Jewish Commentary
• Proverbs 16:28
  Jewish Commentary
• Proverbs 17:9
  Jewish Commentary
• Proverbs 18:21
  Jewish Commentary
• Proverbs 26:28
  Jewish Commentary

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Commentary

Rabbi Michael Rudolph

"Damages" is that aspect of law that has to do with loss. If damage is to a person, we call it "injury". Damages that are actionable (recoverable from another) originate in either "tort" or "contract". A tort is a wrongful act (intentional or unintentional) that infringes the rights of another and leads to damages. An example of an intentional tort is assault, and of an unintentional tort is negligence that causes damages. A contract is an agreement between parties, and damages can result from a party either intentionally or unintentionally failing to fulfill his or her part of the agreement. An intentional bailment is usually a contract to place one's property in the custody and care of another. A bailment can, however, come about unintentionally, such as when one finds and takes temporary possession lost property. Depending on the circumstance of what causes damage or injury, appropriate remedies can be restitution, paying compensatory money damages, paying punitive damages (in the case of an intentional or reckless tort or gross negligence), specific performance of a contract (a court order to perform a contract as agreed), etc. What we are speaking of here are infractions of civil law as distinguished from criminal law, but they sometimes overlap. An example of overlap is theft. Theft is a civil offense to the victim who incurs financial damage, and it is simultaneously a criminal offense to society at large because of damage to the peace of the community. Bringing a thief to justice can, therefore, involve making restitution to the person from whom he stole, paying a fine to society, and also possibly a jail sentence. The Scriptures listed above each speak to circumstances and conduct that can and often do cause damages. The torts, contracts, and remedies illustrated by the Scriptures are mere examples of others that exist, but they serve to make the point. Some of them are geared more to the time of Moses than to today, but similarities to modern situations can easily be seen, which is why our contemporary laws have largely been derived from these ancient examples. In today's urban society I do not have an ox to be gored by my neighbor's ox, but I do have a car that could conceivably be gored by his car; it is the same principle. In order for a civil court to have the capacity to adjudicate a claim for damages, it must have three kinds of jurisdiction - personal, territorial, and subject matter. An ecclesiastical court (a Jewish court is called a bet din ) must have these as well, except that its territorial jurisdiction is considered the entire world. Civil courts get their subject matter jurisdiction from civil law (e.g. statutes, ordinances, case law, etc.) and ecclesiastical courts get their subject matter jurisdiction from the Bible. Personal jurisdiction is acquired in various ways. In the civil courts it is sometimes acquired by the defendant's domicile, sometimes to where the damages sued for occurred, and sometimes it is defined by statute. Personal jurisdiction in an ecclesiastical court is a debated matter. It should be over all believers in Yeshua if it is a church court, and over Jews (Messianic or not Messianic) if it is a bet din . Sometimes, personal jurisdiction is acquired by the defendant being a member of a congregation, denomination, network of congregations, or organization. Plaintiffs are automatically subject to the jurisdiction of whatever court they apply to for relief.

Classical commentators

Maimonides, Meir, and HaChinuch limit their respective mitzvot to the specific torts and contracts referred to in the Torah ; they do not discuss modern applications or adaptations.

Copyright © Michael Rudolph and Daniel C. Juster, The Law of Messiah, Torah from a New Covenant Perspective, Volume 1 & 2

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Based on The Law of Messiah - Torah from a New Covenant Perspective by Michael Rudolph and Daniel C. Juster.

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Disclaimer: the original content is authored by Rabbi Michael Rudolph and Rabbi Daniel Juster; additional notes or implementation details on this website are not part of their original work and do not represent their views.

Record source: The Law of Messiah - Torah from a New Covenant Perspective - Volume 1 & 2

Copyright note: Copyright © Michael Rudolph and Daniel C. Juster, The Law of Messiah, Torah from a New Covenant Perspective, Volume 1 & 2