Halacha for Parshat Mishpatim: Can the winning party in a litigation sue for legal expenses?

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Date:
February 15 2015
Length:
1h 3min 22s
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106
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Series: Contemporary Halacha

Venue: Jerusalem Jerusalem

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In this Halacha shiur for Parshat Mishpatim we will study a sugya in Masechet Sanhedrin and the codes in Choshen Mishpat regarding a relevant issue in the laws on Nezikin, namely, can the winning party in a litigation collect legal expenses? These may include travel expenses, payment for legal counsel, lost time at his place of employment, and many other expenses and monetary loses. We will see the distinction between two concepts that are similar, "gerama" and "garmi", two forms of indirect damages. This becomes very relevant in the case of a "sarvan', i.e. a defendant who refuses to show up in Beit Din; in some cases the plaintiff has no recourse to collect monies due to him without taking his case to the secular courts.

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