ONE WHO LEFT A CHAFETZ IN RESHUS HA'RABIM (Yerushalmi Perek 3 Halachah 2 Daf 13a)
îúðé' ðùáøä ëãå áø''ä åäåçì÷ àçã áîéí àå ùì÷ä áçøñéä çééá
(Mishnah): If Reuven's jug broke in the Reshus ha'Rabim, and Shimon slipped on the water or was damaged by the shards, Reuven is liable;
ø' éäåãä àåîø áîúëåéï çééá áùàéðå îúëåéï ôèåø:
R. Yehudah says, if he intended (this is explained on 13b), he is liable. If he did not intend, he is exempt.
âî' ø' ìòæø àîø áùòú ðôéìä ðçì÷å àáì ìàçø ðôéìä ëì òîà îåãéé ùçééá
(Gemara - R. Lazar): They argue about [when Shimon was damaged] at the time that [Reuven] fell, but all agree that [for damage] after he fell, [Reuven] is liable;
à''ø éåçðï áéï áùòú ðôéìä áéï ìàçø ðôéìä äéà äîçìå÷ú.
(R. Yochanan): They argue about both at the time that he fell and after he fell.
îúéá ø' éåçðï ìø' ìòæø àí áùòú ðôéìä ôèåø àéðå ÷ì åçåîø ìàçø ðôéìä. åìîä ôèåø áùòú ðôéìä ùëï àãí îô÷éø ðæ÷éå áø''ä.
Question (R. Yochanan, against R. Lazar): If he is exempt at the time that he fell, all the more so after he fell! Why is he exempt at the time that he fell? It is because he made Hefker his Nezikin (things that can damage) in Reshus ha'Rabim. (Since this was due to Ones, he is exempt. Likewise he is exempt afterwards!)
àéú îúðé' îñééòà ìãéï åàéú îúðéúà îñééòà ìãéï
A Tosefta (2:4) supports this one, and a Tosefta (2:6) supports this one.
ãúðé (îåãéï çëîéí ìø' éåãï) [ö''ì îåãä ø''é ìçëîéí - ðúéáåú éøåùìéí] áîðéç àáðå åîùåàå áø''ä åáà àçø (åðú÷ì áäï ôèåø) [ö''ì åäåæ÷ áäï ùäåà çééá îôðé ùùîéøúå òìéå - úåñôúà á:ã]
Support (for R. Yochanan - Tosefta): R. Yehudah agrees to Chachamim that if one left his rock or load in Reshus ha'Rabim, and another came and was damaged through them, he is liable, for he is obligated to guard it. (They argue about when he tripped and dropped something. Chachamim obligate, for they hold that tripping is negligence. All agree that one may not make Hefker Nezikin that resulted from negligence.)
[ö''ì îåãéï çëîéí ìø' éåãï áîðéç ÷ð÷ðéí ìøàù äââ ìðâáï åðôìå åðùáøå åáà àçø åäåæ÷ áäï ùäåà ôèåø îôðé ùàéï ùîéøúï òìéå - úåñôúà á:ã]
And Chachamim agree to R. Yehudah that if one left bottles on the roof to dry, and they fell and broke, and another came and was damaged through them, he is exempt, for he is not obligated to guard them. (Even though he had time to remove them, he is exempt because they fell b'Ones, e.g. an uncommon wind.)
[ö''ì ø' éäåãä àå' äéä áà á÷åôä ùì úáï åáä çáéìä ùì ÷åöéí áøùåú äøáéí åáà àçø åäåæ÷ áäï äøé æä çééá ø' éäåãä ôåèø - áðéï éøåùìéí, îúåñôúà á:å] ùòì îðú ëï äðçéì éäåùò ìéùøàì àú äàøõ.
Support (for R. Lazar - Tosefta): If one came with a basket of straw, and inside was a bundle of thorns [and he tripped and it fell] in Reshus ha'Rabim, and another came and was damaged through them, he is liable. R. Yehudah exempts, for so (on this condition) Yehoshua made Yisrael inherit Eretz Yisrael. (We explained this like BINYAN YERUSHALAYIM.)
äà àí ìà äðçéì éäåùò ìéùøàì àú äàøõ òì îðú ëï çééá.
Inference: Had Yehoshua not made inheritance of Eretz Yisrael contingent on this, he would be liable!
[ãó éâ òîåã á] [ãó é òîåã á (òåæ åäãø)] òì ãòúéä ãøáé éåçðï áîúëååï ìçøñéï òì ãòúéä ãø' ìòæø áîúëååï ìäæé÷.
(R. Yehudah said that he is liable only if he intended.) According to R. Yochanan, [this means that] he intended [to keep] his shards. According to R. Lazar [this means that] he intended [to leave them there; it is as if he intended] to damage.
ø' æéøà åø' ìà úøéäåï àîøéï îåãä øáé éåãä ìçëîéí áîá÷éø ùåø ùðâç áø''ä ùçééá ìà ãåîä ðæ÷ òåîã ìðæ÷ îäìê:
(R. Ze'ira and R. La): R. Yehudah agrees to Chachamim that if one was Mafkir an ox that gored in Reshus ha'Rabim, he is liable. Stationary Nezek (a pit) is unlike moving Nezek.