Commentaire sur L’Exode 22:4

כי יבער … בעירה ובער All these terms are connected with the word בעיר which signifies “cattle”, as in (Numbers 20:4) אנחנו ובעירנו “we and our cattle" .

כי יבער איש שדה או כרם, within his own property, (originally)

כי יבער איש שדה, If a man cause a field to be consumed (the grain growing on it), etc. This verse has to be understood in conjunction with Baba Kama 56. Rav said that if someone places his own animal on a field of his neighbour, such field being full of growing grain, he is liable if his animal consumes some of it. The Talmud there adds that although this is obvious, we apply this rule even when the owner merely placed his ox in a position where it faced the growing field of his neighbour in every direction open to it; the owner of the ox is guilty although he had not actually led the animal by hand. The Torah writes: כי יבער איש, to tell us that even if the animal does not belong to the person who perpetrates this act, he is liable for the damage. The Torah goes on to say ושלח את בעירה, to tell us that even if he did not do what he did by hand but merely let loose his animal in the general direction of the neighbour's field failing to take precautions against his animal causing damage in his neighbour's field, he is liable for the damage caused by his beast.