Sunday, January 25, 2009

Bava Kamma 28 - Can a Man Take Law into his own Hands? (Torts)

Two partners were drawing water out of a cistern on alternative days, and one came to draw on a day that was not his. The other one stopped him with a stick.

Rav Yehudah says that a person may not enforce the law for himself, but Rav Nachman says he may. They argue about a case where there will be no loss if he does not take action.

Rav Yehudah explains: "Since there will be no loss, let him go before the judge." Rav Nachman says: "Since he is acting in accordance with the law, he does not have to trouble himself and go before the judge."

Art: Two Peasants Digging by Vincent Van Gogh

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