Friday, April 16, 2004

Traffic Laws in Halakhah

Traffic laws in frum circles fall under the category of "lesser commandments which a person [sometimes] treads on with his heels" (Rashi, Devarim 7:12) except that they can really be among the hamuros and not just "lesser commandments" because reckless driving puts people's lives in danger.

From Torah.org's Business Halacha class, written by R. Tzvi Shpitz and translated into English by R. Aaron Tendler:

A. Traffic laws that are enacted to save human lives and property are obligatory according to the laws of the Torah on every person, at all times and everywhere in the world. It makes no difference what type of government enacted them.

B. If a person knows of someone who drives recklessly and endangers people's lives, he must do everything within his power to prevent the reckless driver from driving in this manner. Therefore, if he is able to personally warn the driver, or summon him to appear before a Rabbi or Bais Din to warn him to refrain from driving recklessly, he must do so. If he is certain that these steps will not be effective, the Halacha requires him to inform the police of this danger to the public safety, so that the reckless driver and others like him can be prevented from causing tragedies...

C. The case of a person who drives recklessly and kills someone is in the category of "Shogeg Korov L'Maizid", unintentional but caused by negligence (lit. "close to deliberate"). This means that, in the times of our Sanhedrin, although he could not be found deserving of capital punishment...

D. Today, when we don't have Dayanim (Rabbinic judges) authorized to judge cases of capital punishment, a Go'el HaDam is not permitted to do anything to someone who killed his relative through reckless driving. However, the driver must repent in a manner that is befitting his terrible action. He also must financially support the family of the victim, especially if the victim was the bread winner of his family...


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