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## For example- a donkey is riding aboard a boat with its owner and other passengers. The donkey suffers a panic attack and begins jumping up and down and causes the boat to begin to sink. The passengers are permitted to throw the donkey off the ship to save their lives. The passengers are exempt for paying damages for the donkey.<ref>Bava Kama 116b</ref> | ## For example- a donkey is riding aboard a boat with its owner and other passengers. The donkey suffers a panic attack and begins jumping up and down and causes the boat to begin to sink. The passengers are permitted to throw the donkey off the ship to save their lives. The passengers are exempt for paying damages for the donkey.<ref>Bava Kama 116b</ref> | ||
## Some say that this is only true if the donkey owner was negligent in bringing the donkey aboard the boat and the donkey was known to be dangerous. If the incident is a freak accident, the passengers who threw the donkey must pay damages.<ref>Tshuvot Maimoniyot Sefer Nizakin 20</ref> | ## Some say that this is only true if the donkey owner was negligent in bringing the donkey aboard the boat and the donkey was known to be dangerous. If the incident is a freak accident, the passengers who threw the donkey must pay damages.<ref>Tshuvot Maimoniyot Sefer Nizakin 20</ref> | ||
### Some say that this in turn is only true if there are other luggage on the boat and thus the instability is not only the donkey's fault, but partially due to the weight of other people's luggage. If the donkey is the sole cause of the danger, there is no requirement of owner negligence.<ref>Shut Gur Aryeh CM 32</ref> | |||
### Others say that this principle is always true- the donkey is not considered a Rodef unless the owner is negligent.<ref>Erech Shai CM 264.2</ref> | |||
#For more details about the practice of jettisoning on boats- see [[Maritime Law in Halacha]] | #For more details about the practice of jettisoning on boats- see [[Maritime Law in Halacha]] | ||
== Sources == | == Sources == | ||
<references/> | <references/> | ||