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BAVA KAMA 30

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SUMMARY

If someone spills water in Reshus ha'Rabim and the water causes damage he is Chayav to pay.
 
Rav says that if his utensils are dirtied from the eater he is Chayav but if someone slips from the water and falls he is Patur. (1)
 
A person is permitted to clean out his gutter and throw the waste in Reshus ha'Rabim during the rainy season, but not during the summer.
 
If someone places thorns or glass in Reshus ha'Rabim or if his fence fell in Reshus ha'Rabim or if he made a fence of thorns and the thorns were sticking out into the Reshus ha'Rabim and it causes damage he is Chayav.
 
R. Yochanan says that if he made a fence of thorns and the thorns were not sticking out into the Reshus ha'Rabim he is Patur for damages because it is not usual for people to rub against a wall.
 
If someone places thorns or glass in the wall of his friend and his friend knocks down the wall and the thorns or glass cause damage in Reshus ha'Rabim the person who placed it there is Chayav.
 
R. Yochanan says that he is only Chayav if the wall was decrepit, but if it was a good wall the person who knocked it down is Chayav. (2)
 

 
If someone covers his Bor with a cover that belongs to his friend and the owner of the cover removes the cover, the Ba'al ha'Bor is Chayav for any damages that are incurred from the Bor.
 
Rebbi Yehudah says that if someone wants to be a Chasid he should keep the Dinim of Nezikin; Rava says that he shall keep the statements in Avos and some say he shall keep the Dinim of Berachos
 
If someone places straw in Reshus ha'Rabim so that it will turn into fertilizer if it causes damage he is Chayav.
 
Rebbi Yehudah says that at the time that people normally take out fertilizer a person may take out his fertilizer in Reshus ha'Rabim for a period of thirty days.
 
Rebbi Yehudah says that if a person places his Ner Chanukah outside and it causes damage he is Patur because he has Reshus to place it there.
 
The Tana Kama holds that even when a person is permitted to throw waste in Reshus ha'Rabim if it causes damage he is obligated to pay, but Rebbi Yehudah holds that he is Patur
 
If someone places straw in Reshus ha'Rabim so that it will turn into fertilizer anybody may take it for himself.
 
Rav says that that anyone may take the original straw along with the appreciation while Ze'iri holds that it is only permitted to take the appreciation.
 
If someone moves fertilizer that was left in Reshus ha'Rabim he is Chayav for damages and it is forbidden for anyone to take it. (3)
 
R. Meir holds that the Rabanan penalize someone who has a Shtar with Ribis and he may not collect it at all, while the Chachamim hold that he may collect the principle but not the interest.
 
As soon as a Shtar with Ribis is written, he witnesses cosigners and scribe transgress a Mitzvas Lo Sa'aseh.
 
R. Huna holds that the Halachah is that it is permitted to take the originally straw that was placed in Reshus ha'Rabim along with the appreciation, but if one asks a Rav he will not be instructed to take the originally straw, while R. Ada Bar Ahavah disagrees.

A BIT MORE

1. According to Rav a Bor that a person was not Mafkir has the Din of a Shor and it is Chayav for the damage of utensils but he is not Chayav for the injuries to a person who slipped because it is Karka Olam that caused the damage.
 
2. If the wall is decrepit the person who placed it there is at fault because he should have realized that the wall will be knocked down, but if it a good wall the person who knocked it down is at fault because he should have checked the wall for any objects that are inside the wall before he knocked it down.
 
3. Even according to Rav who holds that the Rabanan allow the person to take the original straw along with the appreciation, however in this case that it was already fertilizer at the time that he paced it in Reshus ha'Rabim there is no appreciation and therefore it is forbidden to take it at all.

BRIEF INSIGHT

THE COMPLETE PERSON
 
Rebbi Yehudah says that if someone wants to be a Chasid he should keep the Dinim of Nezikin; Rava says that he shall keep the statement of our sages in Maseches Avos and some say he shall keep the Berachos. The Maharsha explains that the deeds of a person is broken up into three categories, the deeds between one man and another, the proper Midos and Derech Eretz that every person shall take n and the deeds of a person between man and Heaven. Nezikin represents deeds between one man and another, Maseches Avos are the statements of Chazal regarding the proper Midos and Berachos represents the deeds between man and Heaven.

QUICK HALACHAH

A DECREPIT WALL
 
If someone places thorns or glass in the wall of his friend and his friend knocks down the wall and the thorns or glass cause damage in Reshus ha'Rabim, if the wall was decrepit, the person who placed it in the wall is Chayav. However if the wall is in good shape the person who knocked it down is Chayav. If it damages on its way down according to some opinions the person who knocked it down is always Chayav. (Shulchan Aruch CM 415:2)

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