GENERAL RULES OF DAMAGES (Yerushalmi Perek 1 Halachah 2 Daf 4a)
îúðé' ëì ùçáúé áùîéøúå äëùøúé àú ðæ÷å
(Mishnah): Anything that I am obligated to guard it, [if I did not guard it properly,] I was Machshir its damage (I must pay if it damaged);
äëùøúé áî÷öú ðæ÷å çáúé áúùìåîé ðæ÷å ëäëùø ëì ðæ÷å.
If I was Machshir part of its damage, I must pay for its damage as if I was Machshir all of its damage.
ðëñéí ùàéï áäí îòéìä ðëñéí ùì áðé áøéú åðëñéí äîéåçãéí
(There is compensation for the following, if they are damaged -) property to which Me'ilah does not apply; property of Bnei Bris; distinctive property.
çåõ îøùåú äîéåçãú ìîæé÷ åøùåú äðéæ÷ åäîæé÷ áúùìåîéï:
(One must pay for damage) in any place, except for the premises of the damager. Payment [for damage applies] in the joint property of the victim and the damager.
âî' úðé ø' çééä æä äùåø åäáåø.
(Gemara - R. Chiyah): [Anything that I am obligated to guard it] is Shor and a pit.
[ãó ã òîåã á] åäàù ìà úðä.
Question: Why was fire not taught?
à''ø éøîéä äàù ìäëùø ðæ÷éå.
Answer (R. Yirmeyah): Is fire considered damage of his property?! (It is like bodily damage, i.e. his arrows!)
àîø ø' éåñé åàéï ëéðé äàù ìäëùø ðæ÷éå î÷áì òìéå ääúøééä áãòú æå åìå÷ä.
Question (R. Yosi): Is fire not considered damage of his property at all?! If so, if he was warned [that his fire might spread, and it did], he should be lashed [if it damaged a person, or burned on Yom Tov]!
îàé ëãåï.
Objection: You cannot say [that fire is like bodily damage. If so, why was it taught with the four Avos in our Mishnah, and not with the nine damages of man that R. Chiya added (1b)?!]
äàù ìäëùø ðæ÷éå î÷áì òìéå ðæ÷ öòø øéôåé ùáú åáåùú.
Answer: Indeed, [fire] is damage of his property. [It is also like bodily damage. Through accepting warning,] he accepts on himself liability for Nezek, pain, medical expenses, Sheves, and embarrassment. (We explained this like NESIVOS YERUSHALAYIM.)