Sunday 31 July 2016

Bava Kamma 60: Fanning the Flames; G-d's Liability

Before introducing a new Mishna, the rabbis walk through a number of options regarding one who fans a flame which causes damage to another's property.  Is one's breath the same as the wind?  What if the wind was fanning the flame while a person was using his breath on the flame?  What if the wind was stronger than the person's breath?  What if the wind was typical? Or atypical?

The new Mishna teaches us that if a person allows a fire to spread so that it damages wood or stones or earth, that person is liable.  The proof text for this is in Exodus 25:5, where it is written that "If a fire breaks out and it catches in thorns, so that a stack of grain, or standing grain, or a field is consumed, the person who set the fire is liable to pay compensation".  This indicates that one is liable for paying for the entire field.

The Gemara argues that the words thorns, stack of grain, standing grain, and field could be understood as redundant.  As there are no redundancies in the Torah, they decide to analyze each of these words to better understand their true meanings.  For example, thorns represent something that is often present when a fire is set, and thus a person is liable even when something common and expected catches fire.  This is in contrast with a stack of grain, which is not often present when a person kindles a fire.  We can take from this that a person who sets a fire is responsible also for things that are costly to replace and thus unusual to neglect.

We then digress to learn about the rabbis beliefs about how to avoid the angel of death, the plague, famine, and other calamities.  Some of these are based on Exodus (12:22) and also Isaiah (26:20) where people are told to remain in their homes until morning for their own safety.  This is interpreted in many ways, including avoiding walking in the centre of the street or toward a group of dogs howling and nothing to avoid the angel of death.  It also includes avoiding entering a synagogue alone unless children are learning there or there is a minyan of men present.  It is thought that the angel of death's tools are left in a synagogue.  A note teaches us that synagogues often were built far from cities, and uninhabited places were considered to be dangerous.

Rav Yitzchak Nappacha is asked to speak of halacha and of aggada.  He tells the story of a man with two wives, one young and one old.  The young wife pulls out his grey hairs so that he will appear younger.  The old wife pulls out his black hairs so that he will appear older.  In the end, he is bald.  Rav Yitzchak Nappacha goes on to speak of liability for a fire that is set and then spreads and causes damages.  He states that a person is responsible fully - but only - for damages that he has caused directly.  He then uses this as an allegory:  G-d is responsible His actions that caused the fire to be kindled in Jerusalem ending in the destruction of the Temple.  G-d built that fire and G-d will build the fire that reignites Zion.  Verses from Lamentations are used as prooftexts.

Our daf ends with further allegories based on King David and his desire to save himself by destroying the property of another.  While this would be against halacha in other circumstances, Kings are permitted to ensure that their kingdom continues without asking permission. They should reimburse people for their damages, but kings need not get the consent of others before making his decision.

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