Q&A: Liable by the Laws of Heaven
Liable by the Laws of Heaven
Question
The Talmud in Bava Kamma 56a says that if someone bent down his fellow’s standing grain and it was burned by an unusually strong wind, he is exempt under human law but liable by the laws of Heaven. Why is he liable by the laws of Heaven? After all, he did not know that such an unusual wind would come.
(Of course, if such a wind was already blowing and then he bent it down, he would be directly causing damage and would be liable under human law.)
Thank you
Answer
Because this is indirect causation. Why is he bending his fellow’s grain when there is a fire? If there were no fire and no wind, he would presumably be exempt. Simply speaking, the case is one where there was a fire but no wind.
See my lectures on the chapter “Ha-Kones” here on the site regarding this issue.