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Laws of Damages from a Pit
Tort Law
Sources
A
MISHNA:
In the case of
one who takes manure out to the public domain,
in order for it to be transported to fertilize a field, he
who takes it out
from his property
takes it out, and
immediately, he
who
takes it to
fertilize
the field takes it to
fertilize
the field. They must relocate the manure immediately without allowing it to sit around in the public domain. Similarly,
one may not soak clay in the public domain
before it is kneaded…
Bava Metzia 118b:2-5
MISHNA:
The mishna lists several
halakhot
that pertain to damage classified as Pit: In the case of a pit that
the first
person who passed by
covered
after using
it, and
then
the second came
to use it
and found it uncovered
after the cover fell off or was damaged,
and
he
did not cover it, the second
one is
liable
for damage caused by the pit. If the owner
covered
the pit
appropriately and an ox or a donkey fell into it and died,
he is
exempt…
Bava Kamma 52a:6-54b:6
MISHNA:
In the case of
one who had a public thoroughfare passing through his field,
and he
appropriated it and
instead
gave
the public an alternative thoroughfare
on the side
of his property, the
halakha
is that the thoroughfare
that he gave
them,
he gave
them, and they may use it.
But
the original thoroughfare that he took
for himself has not reached him,
i.e., he cannot appropriate it for his personal use. The standard width of
a private path
is
four cubits…
Bava Batra 99b:8-9
The Gemara asks:
And
is he
exempt because
the animal caused damage when it
crouched? Rav Pappa said: What
is the meaning of the term
ravatz
?
It means
that it dropped feces [
hirbitz
]
on the ground,
and
subsequently
the clothes of the homeowner were soiled.
Consequently,
the feces constitute a pit, and we do not find
a case of damage categorized as
Pit
that
one is liable
for causing damage to
utensils.
Therefore, the owner of the animal is exempt.
Bava Kamma 48a:14
§
The Sages taught: A person should not throw stones from his property into the public domain. An incident
occurred
involving a certain individual who was throwing stones from his property into the public domain, and a certain pious man found him.
The latter
said to him: Lowlife [
reika
], for what
reason
are you throwing stones from property that is not yours into your property?
The man
mocked him,
as he did not understand what he meant, as the property from which he was throwing stones was his…
Bava Kamma 50b:2-7
he is
exempt according to human laws but liable according to the laws of Heaven.
The Gemara comments:
And the Rabbis concede to
the opinion of
Rabbi Meir in
the cases of
one’s stone, one’s knife, or one’s load, that
if
he placed them on top of his roof and they fell
as a result of being blown off
by a typical wind,
i.e., one of ordinary force,
and they caused damage, that
he is
liable. And Rabbi Meir concedes to
the opinion of
the Rabbis in
the case of one who
puts pitchers [
kankanin
] on the roof in order to dry them…
Bava Kamma 29a:1-30b:8
MISHNA:
If
a pit belonging to two partners
was uncovered and
the first
partner
passed by it and did not cover it, and
then
the second
passed by it
and did not cover it, the second
is
liable
for any damage caused by means of the pit.
GEMARA:
The Sages
say: How can you find
such a case of
a pit belonging to two partners? This works out well if we hold in accordance with
the opinion of
Rabbi Akiva, who says
that one who digs
a pit
on his own property and then declares the property…
Bava Kamma 51a:13-51b:15
MISHNA:
One
may not form an
empty
space beneath the public domain
by digging
pits, ditches, or caves. Rabbi Eliezer deems
it
permitted
for one to do so, provided that he places a covering strong enough that
a wagon laden with stones would
be able to
tread
on it without breaking it, therefore ensuring that the empty space will not cause any damage to those in the public domain. One
may not extend projections or balconies [
ugzuztraot
] into the public domain…
Bava Batra 60a:9-10
§ The mishna teaches: If one
brought his ox inside the homeowner’s courtyard
without permission and the homeowner’s ox gored it or the homeowner’s dog bit it, the homeowner is exempt.
Rava says:
If one
brought his ox into a homeowner’s courtyard without permission, and
the ox
dug pits, ditches, or caves in it, the owner of the ox
is
liable for the damage
caused by his animal
to the courtyard, but the owner of the courtyard is liable for
any
damage
caused by
the pit
if someone falls inside…
Bava Kamma 48a:11-12
Come
and
hear
an alternative proof from what is taught in a
baraita
: With regard to
potters and glaziers who were walking one after the other,
and
the first stumbled and fell, and the second stumbled over the first,
sustaining damage,
and the third
stumbled
over the second,
also falling and sustaining damage, in this case,
the first
person is
liable
to pay
for the damage of the second, and the second
is
liable
to pay
for the damage of the third…
Bava Kamma 31a:13-31b:8
Rabbi Abba said to Rav Ashi
that
this is what they say in the West,
Eretz Yisrael,
in the name of Rabbi Ulla,
in explanation of the mishna: Even if the barrel is clearly visible, one who stumbles on it is exempt from liability
because the
typical
manner of people is not to examine the roads,
as they assume that the road is unobstructed. Therefore, one who breaks an item placed in the road as a result of not watching is not liable to pay restitution. The Gemara relates:
There was an incident in Neharde’a
where a pedestrian stumbled on a jug in an open…
Bava Kamma 27b:6-9
The Gemara responds that
Rav
could have
said to you:
According
to all
opinions, the Sages
imposed a penalty
revoking his ownership of the items
themselves due to
the value of
their enhancement. And here
in the
baraita
the
tanna’im
disagree with regard to
whether or not it is ruled that this is the
halakha
but
a public
ruling is not issued to that effect, as it was stated
that
amora’im
disagreed as to whether the
halakha
revoking his ownership of the items themselves should be taught to the public…
Bava Kamma 30b:19-31a:6
MISHNA:
If one’s
jug broke in the public domain and
another person
slipped in the water
from the jug and was injured from the fall,
or
if he
was injured by the shards
of the broken jug, the owner of the jug is
liable. Rabbi Yehuda says: In
a case where the owner of the jug acted
with intent,
he is
liable,
and
in
a case where he acted
without intent,
he is
exempt.
GEMARA:
Rav Yehuda says
that
Rav says: They taught
that the owner of the jug is liable
only when the clothes…
Bava Kamma 28a:30-28b:15
The Gemara
raises an objection
to the opinion of Rav and Shmuel from a
baraita
(
Tosefta
,
Bava Kamma
6:2): If
one was digging a pit in the public domain, and an ox fell on him and killed him
as he was in the pit, the owner of the ox is
exempt
from paying for the damage caused, as it is the one who dug the pit who is at fault.
Moreover, if
it occurred
that the ox died
as a result of the fall,
the heirs of the owner of the pit are liable to pay the value of the ox to its owner…
Bava Batra 175b:15
§ The mishna teaches:
The common denominator of
the components in all these categories is that it is their typical manner to cause damage. The Gemara asks: In order
to add what
halakha
is this statement cited in the mishna?
Abaye said:
The stating of the common denominator in the mishna serves
to add
that one is liable in a case of
his stone, his knife, or his load, where he placed them on top of his roof, and they fell
off the roof
by means of a common wind and caused damage.
…
Bava Kamma 6a:2-6b:4
MISHNA:
One who digs
part of
a pit on private property and opens its
entrance
in the public domain, or
digs a pit
in the public domain and opens its
entrance
on private property,
or digs a pit
on private property and opens its
entrance
on another
person’s
private property,
is
liable
for damage caused by the pit in each case.
GEMARA:
The Sages taught
in a
baraita
:
One who digs a pit on private property and opens its
entrance
in the public domain…
Bava Kamma 49b:15-50a:19
When a person digs a cistern in the public domain, and an ox or a donkey falls into it and dies, the owner of the cistern is liable and is required to pay the full amount of the damages, as [Exodus 21:34] states: "The owner of the cistern must pay." [This applies] even if the cistern was filled with wads of wool or the like. [The intent] is not only an ox or a donkey, but any animal, beast or fowl. An ox and a donkey are mentioned only because these are the commonplace [examples]. [The above applies] regardless of whether the person digs a cistern in the public domain…
Mishneh Torah, Damages to Property 12-13
GEMARA:
The Sages taught
a
baraita
that elucidates the mishna’s ruling: With regard to
anything
for
which I became responsible for safeguarding it
to prevent it from causing damage, if it in fact causes damage, it is considered as if
I
actively
facilitated that damage
and accordingly must pay for it.
How so?
In the case of
an ox or a pit that one transferred to
the care of
a deaf-mute, an imbecile, or a minor,
whose presumed limited intellectual capacity means they are deemed incapable of sufficiently safeguarding…
Bava Kamma 9b:10-11
MISHNA:
With regard to
a tree that extends into the public domain, one cuts
its branches
so that a camel can pass
beneath the tree
with its rider
sitting on it.
Rabbi Yehuda says:
One cuts enough branches that
a camel loaded with flax or bundles of branches
can pass beneath it.
Rabbi Shimon says:
One cuts
all
branches of
the tree that
extend into the public domain
along the plumb line,
so that they do not hang over the public area at all,
due to ritual impurity.
Bava Batra 27b:16
§ The mishna teaches that one may not extend projections or balconies into the public domain.
Rather, if he desired
to build one he may
draw back into his
property by moving his wall,
and extend
the projection to the end of his property line.
A dilemma was raised before
the Sages: If one
drew back
into his property
but did not extend
the projection at that time,
what is
the
halakha
concerning
whether
he may
return and extend
it at a later date?
Rabbi Yoḥanan says:
If one
drew back
into his property…
Bava Batra 60b:4-9
Tort Law
דיני נזיקין
Laws of Damages from Animals
Laws of Damages from an Ox that Gored
Laws of an Ox that Kills a Person
Laws of Damages from a Pit
Laws of Damages from a Fire
Laws of Measures and Weights
Laws of Kidnapping
Laws of Robbery
Laws of Lost Objects
Injury Law
More
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