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Fire damage

asked 2 years ago

The Gm. in Bk. 66: cites the opinion of the Sages, that if one lights a fire inside his friend’s house, he is liable for hidden things, but only for what is meant to be there (such as a cattle utensil in a shed). The question is, what is the explanation for the exemption? Since he caused damage with his hands, why shouldn’t he be liable for all the damage he caused?
thanks

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מיכי Staff answered 2 years ago

The question of the relationship between the hidden exemption and rape already arises in the Gemara and Rishonim. I assume that if we identify it with rape, then by setting fire in his neighbor’s yard, it begins as a crime and ends as rape. But only if the tools are used to be there. Otherwise, there is a kind of contributory fault for the damage (although this is really strange. And does he owe anything to the arsonist? He has the right to do everything in his yard).

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