1)

OBLIGATION TO REMOVE WHAT CAME THROUGH FALLING (Yerushalmi Perek 3 Halachah 5 Daf 15a)

îúðé' ùðé ÷ãøéí ùäéå îäìëéï æä àçø æä ðú÷ì äøàùåï åðôì ðú÷ì äùðé áøàùåï äøàùåï çééá áðæ÷é ùì ùðé

(a)

(Mishnah): If two potters were walking one after the other, and the first tripped and fell, and the second tripped on the first, the first pays the damages to the second.

æä áà áçáéúå åæä á÷åøúå ðùáøä ëãå ùì æä á÷åøúå ùì æä ôèåø ùìæä øùåú ìäìê åìæä øùåú ìäìê:

(b)

If one was coming with (walking, and carrying) his barrel, and another is coming [towards him] with his beam, and the barrel broke upon [colliding with] the beam, he is exempt, for he has the right to walk and he has the right to walk.

âî' øáé éåçðï áòà îäå ùéúï ìøàùåï ùäåú ëãé òîéãä

(c)

(Gemara - R. Yochanan) Question: Do we give to the first time to stand [and he is liable only if he delayed the time to stand, and did not stand]?

àîø ø' éåñé ôùéèà ìøáé éåçðï ìéúï ìøàùåï ùäåú ëãé òîéãä. åìà îñúáøà ãìà

(d)

Rebuttal (R. Yosi): It was obvious to R. Yochanan that we give to the first time to stand. It is unreasonable not to [according to Rabanan, who say that tripping is Ones]!

îï äùðé åäìê îäå ìùðé ìéúï ùäåú ëãé òîéãä

(e)

Question: [He asked] from the second [who tripped on the first] and onwards. Do we give to the second time to stand [and obligate him if he did not stand within the time? Or, do we attribute all the damage to the first? We explained this like MAHARA FULDA.]

[ãó èå òîåã á] ðéùîòéðä îï äãà ä÷ãøéí äîäìëéí æä àçø æä ðú÷ì äøàùåï åðôì åáà çáéøå åðú÷ì áå åðôì åáà çáéøå åðú÷ì áå åðôì äøàùåï îùì' ìùðé åäùðé ìùìéùé

(f)

Answer: We learn from the following [Tosefta]. If potters were walking one after the other, and the first tripped and fell, and another came and tripped on him and fell, and another tripped on [the second] and fell, the first pays the second, and the second pays the third. (This shows that the second can be liable, i.e. if he did not stand within the time);

åàí îçîú äøàùåï ðôìå ëåìï äåà îùìí òì éãé ëåìï åçééáéï òì ðéæ÷é àãí åôèåøéï òì ðéæ÷é ëìéí

1.

If all fell due to the first, he pays all of them. And they are liable for damage to man, and exempt for damage to Kelim;

åàí äæäéøå æä àú æä ëåìï ôèåøéï.

i.

And if they warned each other, all of them are exempt.

çîøéí ùäéå îäìëéï æä àçø æä åðú÷ì äøàùåï åðôì åáà çáéøå åðú÷ì áå åðôì åáà çáéøå åðú÷ì áå åðôì äøàùï îùìí ìùðé åäùðé ìùìéùé.

2.

If donkey-drivers were going one after the other, and the first tripped and fell, and another came and tripped on him and fell, and another tripped on [the second] and fell, the first pays the second, and the second pays the third;

åàí îçîú äøàùåï ðôìå ëåìï äåà îùìí òì éãé ëåìï.

i.

If all fell due to the first, he pays all of them.

çîåøéí ùäéå îäìëéï æä àçø æä ðú÷ì äøàùåï åðôì åáà çáéøå åðú÷ì áå åðôì àôéìå îàä ëåìï çééáéï

3.

If donkeys were going one after the other, and the first tripped and fell, and another came and tripped on it and fell, even there are 100, all are liable;

àéú úðåéé úðé ëåìï ôèåøéï.

4.

Some teach that all are exempt.

àîø øáé ìà îàï ãîø çééáéï áùäøáéöåí áòìéäï. ðôìå àéï àåðñéï ìáäîä

5.

(R. La): (They do not argue.) The one who says that all are liable, this is when their owners were there and left them lying down. [The one who exempts discusses] when they fell [and the owner could not stand it up before the next tripped on it]. There is no [obligation for] Ones regarding an animal (only man is liable for Ones).

[ãó éá òîåã á (òåæ åäãø)] çîåøéí ùäéå øâìé àçã îäï øòåú àéï øùàéï ìòáåø òìéå [ðôì øùàéï ìòáåø òìéå].

(g)

(Beraisa): If the legs of one of them donkeys were weak (it goes slowly, the others) may not pass over it. If it fell, they may pass over it.

îäå øùàéï ìòáåø òìéå.

1.

Question: What does it mean "they may pass over it''?

ãøñéï òìåé åòáøéï.

2.

Answer: They trample on it and pass.

äéä àçã øé÷ï åàçã èòåï îòáéøéï àú äøé÷ï îôðé äèòåï àçã ôøå÷ åàçã èòåï îòáéøéï àú äôøå÷ îôðé äèòåï

(h)

If one of them was empty, and one of them was laden [and the path is too narrow to go side by side], we detain the empty due to the laden (the laden goes first). If one was laden, and one was [partially] unloaded (SEDEI YEHOSHUA), we detain the unloaded due to the laden.

äéå ùðéäï èòåðéí ùðéäï ôøå÷éï éòùå ôùøä áéðéäï.

1.

If both of them were laden, or both were unloaded, they compromise.

ùúé òâìåú ùúé ñôéðåú àçú èòåðä åàçú øé÷ðé' îòáéøéï ôøå÷ä îôðé äèòåðä

(i)

If there were two wagons or two boats, and one of them was laden and one of them was empty, we detain the empty due to the laden;

ùúéäï ôøå÷åú àå èòåðåú éòùå ôùøä áéðéäï.

1.

If both of them were laden, or both were unloaded, they compromise.

äðëðñ ìîøçõ ðåúï ëáåã ìéåöà åäéåöà îáéú äëñà ðåúï ëáåã ìðëðñ.

(j)

One who enters a bathhouse honors one who leaves (he lets him leave first, for he is weary). One who leaves a privy honors one who enters (he lets him enter first, lest the delay to relieve himself harm him - SEDEI YEHOSHUA).

2)

WHOS IS LIABLE FOR A COLLISION? (Yerushalmi Perek 3 Halachah 5 Daf 15b)

æä áà áçáéúå åæä áà á÷åøúå.

(a)

(Mishnah): If one was coming with his barrel, and another is coming with his beam...

ø' æòéøà áòé ùðå åäæé÷å îäå

(b)

Question (R. Ze'ira): If both deviated (e.g. they were running) and damaged, what is the law?

ðéùîòéðä îäãà çîùä ùéùáå òì ñôñì àçã åáà àçø åéùá áå åðùáø äåà îùìí òì éãé ëåìï. åàí îçîú ëåìï ðùáø ëåìï çééáéï:

(c)

Answer: We learn from the following [Beraisa]. If five sat on one bench, and another came and sat on it and it broke, he pays for all of them (if it was due to him, i.e. he is very heavy). If it broke due to all of them, all of them are liable. (Also in R. Zeira's question, it was due to both of them, so he pays his share - MAHARA FULDA.)