תלמוד על שמות 22:5

MISHNAH: There are four main categories of damages¹Most rules of payment for damages may be derived from the examples of damages treated in Ex. 21–22, as explained in the Halakhah.: The bull²An agressive bull goring with his horns; Ex. 21:28–32;35–36., and the pit³A person digging a pit in the public domain is responsible for any damage caused by his action; Ex. 21:33–34., and the devourer⁴Damage caused by an animal other than goring: feeding (“the tooth”) and trampling (“the foot”), Ex. 22:4. The Aramaic root בעי is found in Pseudo-Jonathan to Num. 22:2 as translation of Hebrew לחך “to devour”. The unusual expression מַבְעֶה is used to subsume two legal terms under one., and the setting on fire⁵Ex. 22:5.. The bull is not like the devourer, nor the devourer like the bull⁶Since goring, trampling, and devouring are all ascribed to the same animal, the question arises why the bull has to be mentioned in two different categories both in the Mishnah and in the biblical text. The details are given only in the Babli: An animal which gores is intent on causing damage; therefore the rules are different for known agressive or generally not agressive animals since these require different levels of supervision. But the rules for damage caused by feeding and trampling are the same for all animals.; neither of them who are alive is like the pit⁷It is obvious and confirmed by all other sources that the positions of “pit” and “fire” have to be switched. which is not alive, nor either of them which move in causing damage is like the fire⁷It is obvious and confirmed by all other sources that the positions of “pit” and “fire” have to be switched. which does not move in causing damage. The common theme of them is that they are usually causing damage and you are obligated to watch them, and if damage was caused the person causing the damage is obligated to pay the damages in best quality land⁸If the person causing the damage cannot pay, the person collecting damages can foreclose the culprit’s land with the highest value per unit of surface area. As biblical law, this applies to damages caused by unattended animals, Ex. 22:4..

HALAKHAH: “There are four main categories of damages,” etc. The bull means the horn, as is written: “If a man’s bull smite another person’s bull,⁹Ex. 21:35.” etc. So far a harmless animal¹⁰It has no history of attacking other animals. The owner only has to pay half the damage caused.. From where a notorious [dangerous] one¹¹For which full damages have to be paid.? “Or it was known that it be a goring bull,¹²Ex. 21:36.” etc. The pit, “if a man open a pit,” etc.; “the pit’s owner has to pay,³A person digging a pit in the public domain is responsible for any damage caused by his action; Ex. 21:33–34.” etc. The devourer: “If a person causes a field or a vineyard to be despoiled by sending his animals;¹³Ex. 22:4. The meaning of יַבְעֵר is in doubt because of lack of parallels. It might as well be referring to damage by excessive grazing as to destruction by trampling.” this is the foot as it is written¹⁴Is. 32:20. The same explanation of Ex. 22:4 by Is. 32:20 is in the Babli, 2b.: “Those who send the foot of bull and donkey.” And it is written¹⁵Is. 5:5.: “Remove its cover and it will be despoiled,” that is the tooth, “tear down its fence and it will be trampled,” that is the foot. And the setting on fire, as it is written⁵Ex. 22:5.: “If fire starts and finds thistles,” etc.

MISHNAH: He who sets a fire which consumes wood, or stones, or dust, is liable since it is said: “If fire gets out of control and finds thorns, etc.”⁸⁰Ex. 22:5. The Halakhah will explain the proof from the verse. If it crossed a wall four cubits high⁸¹A stone or brick wall which will not burn., or a public road⁸²At least 16 cubits wide (Halakhah 6, Mishnah Bava batra 6:7)., or a brook⁸³At least 8 cubits wide (Halakhah 6)., he is not liable.

MISHNAH: If somebody starts a fire inside his property, how far does it have to spread⁹²That the spreading of the fire was not foreseeable and the person starting the fire would no longer be liable.? Rebbi Eleazar ben Azariah says, one looks at it as if he started it at the center of a bet kor⁹³Which is 75’000 square cubits (Note 49). The edge length of a bet kor therefore is 273.86 cubits and the distance of the center from the side is 136.93 cubits. For him, the liability stops if a strip 137 cubits wide around the fire is protected against the spread of the fire. Rebbi Eliezer says, sixteen cubits like a public road; and Rebbi Aqiba says, 50 cubits; and Rebbi Simeon says “the person setting the fire shall certainly pay,⁹⁴Ex. 22:5.” everything depends on the setting of the fire.

There¹⁵¹The discussion is paralleled in Baba Qama 6:5 in a different formulation. we have stated: “If someone sets fire to a stack in which were hidden vessels, Rebbi Jehudah says, he pays for all that was in it. But the Sages say, he only pays for a stack of wheat or barley¹⁵²Both Babli and Yerushalmi are agreed that the Mishnah refers only to a man who lights a legal fire on his own field and it burns out of control. But an arsonist has to pay for everything under any circumstance. The Babli (Baba Qama 61b) states that the Sages agree that whoever started the fire is responsible for agricultural implements usually hidden in stacks. Hence, in the opinion of the Babli but not the Yerushalmi, the Sages free him only from the responsibility for unexpected losses..” The argument of Rebbi Jehudah is inverted; there he says to include the hidden things, but here he says to exclude the hidden things. There (Ex. 22:5) “and a¹⁵³This is the Biblical text, not “the stack” as given here. “If fire gets out of control and a stack, or the standing grain, or the field is consumed, the person who caused the fire should certainly pay.” stack or standing grain was consumed.” I understand that since it says “standing grain” it includes a stack. Why does the verse add “a stack?” In order to include the hidden things. But here (Deut. 24:10) “your field,” in the open, to exclude anything hidden. The argument of the rabbis is inverted; there they say to exclude the hidden things, but here they say to include the hidden things. There, “or standing grain or a field,” just as a field is in the open, so all must be in the open. But here, “your field,” in the open, to exclude that which is hidden; “your harvest,” in the open, to exclude that which is hidden. That is a restriction after a restriction and every restriction after a restriction is only¹⁵⁴There is an אלא missing in the text or the אין is superfluous (Yebamot12:1). The principle that a restriction after a restriction is an extension is universally accepted in both Talmudim; in Horaiot 1:1 it is generalized to the statement that any sequence of restrictions of an even number of elements is an extension; for an odd number of elements it is a restriction. to add the hidden things.