Q&A: The Pit for Which the Torah Imposed Liability According to Rav
The Pit for Which the Torah Imposed Liability According to Rav
Question
Does the Rabbi have an explanation of Rav’s view that liability for a pit is for the vapor, and not for the impact? Seemingly, according to his view, if an animal broke its leg in a pit one would be exempt, because it is clear to us that the damage was caused by the impact. More than that, it is not at all clear what it means to be harmed by vapor; after all, even if there is harmful vapor in a pit, it would presumably kill, and if it does not kill then it presumably would not do anything.
Answer
I don’t really understand Rav’s view. In any case, in my opinion this has no practical significance, because Rav’s factual determinations are not binding if we have concluded that he was mistaken. We need to decide what causes the damage and act accordingly.