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BAVA KAMA 61

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BAVA KAMA 61-62 - Dedicated by Drs. Shalom and Syma Kelman of Baltimore in honor of their children and grandchildren.

SUMMARY

The Beis Din of Shmuel said that when someone puts his life in danger for words of Torah the Halachah is not said over in his name.
 
If a person ignites a fire and it jumps a fence that is at least four Amos high he is Patur.
 
A fence of four Amos is sufficient even if the fire jumps into a field of thorns as long as the fence is four Amos above the height of the thorns.
 
A fence of four Amos is only sufficient if the fire goes straight up. If it is a wind blown fire he is Chayav even if it crosses 100 Amos according to Rav.
 
Shmuel says that even if it is a wind blown fire a fence of four Amos is sufficient, but if the fire goes straight up he is Patur even if it is a very short fence.
 
If a fire crosses a Reshus ha'Rabim or if it crosses a river that is eight Amos wide even if there is no water presently in the river he is Patur according to Rav.
 
Shmuel says that even if the fire crosses an irrigation channel he is Patur as long as there is water in the channel.
 
A river and a private or public road divides up a field with respect to Pe'ah and Pe'ah must be separated from both sides of the divider.
 
An irrigation stream divides up a field for Pe'ah, but it is a Machlokes if a pool of rainwater divides up a field for Pe'ah.
 
Someone who ignites a fire in his own property if there is a half of a Beis Kor in each side of the field he is Patur if the fire spreads and causes damage according to R. Elazar Ben Azaryah. (1)
 
If there are 16 Amos on each side of the fire he is Patur according to R. Eliezer, while R. Akiva holds if there are 50 Amos on each side of the fire he is Patur.
 
R. Shimon holds that the distance that is required on each side is dependent on the size of the fire.
 
A person may not use a Tanur (oven) in his house unless there is a distance of four Amos between the Tanur and the upper floor.
 
A person may not use a Tanur on an upper floor unless the plaster of the ceiling of the lower floor is at least three Tefachim thick and if he uses a Kirah (a smaller oven) the plaster must be one Tefach thick.
 
If there is sufficient space between the oven and the upper or lower floor and it causes a fire he is Chayav, while R. Shimon holds that he is Patur.
 
The Chachamim hold that someone who ignites a fire in his own Reshus and it spreads into his friend's property and causes damage he is Patur for concealed objects, while Rebbi Yehudah argues. (2)
 
If someone ignites a fire and a goat is tied to the granary and a servant was untied he is Chayav, but if the servant was tied and the goat was untied he is Patur because he is Chayav Misah for killing the servant. (3)
 
If someone ignites a fire in his friend's property and burns down his house the Chachamim agree that he is Chayav for everything that is inside the house because it is usual for people keep all of their possessions inside their house.
 
If someone ignites a fire in his friend's property and burns his stack of grain Rebbi Yehudah holds that he is Chayav even for items that are not usual to be concealed in the grain.
 
The Chachamim hold that he is Chayav only for items that are usually concealed in grain such as plowing equipment, but he is Patur for items that are not usually concealed there.

A BIT MORE

1. According to Rav he is only Patur if the fire goes straight up but if it is a wind blown fire he is Chayav even if it crosses 100 Mil.
 
2. If an object was concealed in a stack of grain according to the Rabanan he is Patur from paying for the object and we look at it as if there was grain in the place of the object and he pays for the value of the grain.
 
3. He is Chayav Misah for the servant if the servant was tied up because an Esh is like an arrow and it is as if he shot an arrow at him, however if the servant is not tied up he is not Chayav Misah for the servant because the servant should have run away. According to Reish Lakish who holds that Esh is Chayav for Mamon and it is not like an arrow he is Chayav Misah for the servant if he places the fire on the body of the servant. Since he is Chayav Misah for the servant the concept of Kim Lay bede'Rabah Minei applies which means that a person who is Chayav Misah is Patur from a lesser punishment of a Chiyuv Mamon.

BRIEF INSIGHT

DEVAR TORAH
 
The Beis Din of Shmuel said that when someone puts his life in danger for words of Torah the Halachah is not said over in his name. The Ben Yehoyada explains that Chazal teach us that the lips of a Talmid Chacham move in the grave when Torah is repeated in his name after his death. A Talmid Chacham who puts his life in danger for words of Torah does not heed the Pasuk which states 'And you shall live with them' which teaches us that a person's life is paramount and it supersedes the Mitzvos. Since his entire focus is on the next world and he puts no value into this world we don't say over a Devar Torah in his name so that his lips will not move in the grave after his death.

QUICK HALACHAH

CROSSING A RIVER
 
How far does a person have to distance his fire from the property of his friend? It depends on the size of the fire. If he does not distance the fire sufficiently and it spreads and causes damage he is Chayav. If he distances the fire sufficiently and it spreads and causes damage he is Patur because it is regarded as a Makah from Heaven. So too, if it crosses a river or pool that is eight Amos wide and contains water he is Patur. According to some opinions even if the river does not contain water and even if the pool which contains water is very narrow he is Patur. (Shulchan Aruch CM 418:3,4)

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