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Q&A: One Who Places the Jug

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

One Who Places the Jug

Question

Hello Rabbi Michi,
The Talmud in the chapter "One Who Places" gives three interpretive setups for the first law in the first Mishnah of that chapter: Rav, Shmuel, and Rabbi Yohanan. Shmuel and Rabbi Yohanan explain that the exemption in the Mishnah stems from the fact that the one who caused the damage could not see the jug, whether because it was dark or because the jug was at a corner. Rav, by contrast, holds that the case is one where there were many barrels and he was forced to break them.
My question is: must Rav necessarily agree with the interpretive setups of Rabbi Yohanan and Shmuel, and vice versa? At first glance, Rabbi Yohanan and Shmuel are speaking about the same principle—that it was impossible to see the jug—and so perhaps they would agree with each other. But the question is whether they would agree with Rav, and whether Rav would agree with them.

Answer

I do not see any necessity one way or the other. In the halakhic decisors only Ulla's explanation in the West is brought—that people do not normally look at the roads—and it seems that all of these are not the ruling in practice.

השאר תגובה

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