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BAVA KAMA 6

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SUMMARY

If a fire singes a plowed field or chars stones the person who lit the fire is Chayav.
 
If a person leaves an object on a roof and it blows off in a routine wind and causes damage while it is in the air the person is Chayav. (1)
 
If the object blows off the roof and causes damage after it lands it is a Bor and the person is Chayav. (2)
 
If a person places a Bor in Reshus ha'Rabim and it gets kicked to another place in the Reshus ha'Rabim by an animal the person is Chayav.
 
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.
 
Even though a person is permitted to throw his waste in Reshus ha'Rabim during the rainy season, however if it causes damage he is obligated to pay.
 
If a wall or tree fell down into Reshus ha'Rabim and caused damage the owner is Patur.
 
If the owner was given time by Beis Din to knock down his wall or cut down his tree and it fell down and caused damage within the allotted time he is Patur, but if fell down after the allotted time he is Chayav.
 
If it is a Safek if the animal ate from a meager row of produce or from a substantial row of produce the owner only must pay for the value of a meager row because Ha'Motzi me'Chaveiro Alav ha'Re'ayah.
 
R. Yishmael holds that if the best field o the Nizak is the same as the worst field of the Mazik he may pays from his worst field, while R. Akiva holds that he must pay from his best field.
 
R. Yishmael agrees with R. Akiva that if the best field of the Nizak is better than the worst field of the Mazik but it is not as good as his best field the Mazik must pay from his best property.
 
If the animal of a Hedyot damages an animal of Hekdesh the owner is Patur.

A BIT MORE

1. It is a Toldah of Esh because there is an outside force mixed in just like Esh.
 
2. If the owner was Mafkir the object it is a Bor according to everyone and if he was not Mafkir the object it is a Bor according to Shmuel and a Shor according to Rav.

BRIEF INSIGHT

A DELIBERATE HEZEK
 
If a person places a Bor in Reshus ha'Rabim and it gets kicked to another place in the Reshus ha'Rabim by an animal the person is Chayav. Tosfos says that if a person kicks it and it causes damage the person is Chayav and the Baal ha'Bor is Patur. So too if a person digs a Bor or starts a fire and someone comes along and deliberately pushes an animal in the Bor or deliberately takes the fire and burns something with it the perpetrator is completely Chayav and the Ba'al ha'Bor and the Ba'al ha'Esh are not liable at all. However, if the person pushed an animal in the Bor,
 
or burned something with the fire unintentionally the Ba'al ha'Bor or Baal ha'Esh are Chayav along with the perpetrator.

QUICK HALACHAH

A PUBLCI DANGER
 
If a wall or tree falls into the Reshus ha'Rabim and causes damage the owner is Patur from paying even though he was Mafkir it because it is not similar to a Bor since it was not a Mazik from the beginning. If the wall or tree were in danger of falling Beis Din gives him a certain amount of time to take it down. How much time is he given? Thirty days! If it falls down within the allotted time he is Patur; after the allotted time he is Chayav because he procrastinated. (Shulchan Aruch CM 416:1)

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