Q&A: One Who Brings Out His Straw and Stubble into the Public Domain
One Who Brings Out His Straw and Stubble into the Public Domain
Question
Hello Rabbi Michi.
A. In the Mishnah in Babylonian Talmud, Bava Kamma 30a, "One who brings out his straw and his stubble," a dispute is brought between the Sages and Rabban Shimon ben Gamliel. Can it be said that their dispute is also about what I bring out into the public domain? Meaning, according to the Sages it is specifically stubble and straw intended for manure, in which case one is liable, whereas Rabban Shimon ben Gamliel adds that this applies to all things that cause damage, implying even things not meant for manure, such as waste water? Perhaps this can even be inferred from their wording. The Sages use the phrase "was damaged," whereas Rabban Shimon ben Gamliel says "damaged them," which sounds more direct. I am asking because I did not find such a distinction among the medieval authorities (Rishonim).
B. Another question: when the Talmud says that the Mishnah is not in accordance with the view of Rabbi Yehuda, does it mean that Rabbi Yehuda does not fit either opinion—that is, neither Rabban Shimon ben Gamliel nor the Sages—or is the reference only to the Sages?
C. Does "Rabbi Yehuda" mean Rabbi Yehuda HaNasi?
D. Why is it important to the Talmud to discuss the fact that our Mishnah is not like Rabbi Yehuda?
With blessings and appreciation
Answer
A. According to the first tanna, it is permitted to bring manure out into the public domain, but not straw and stubble, because they are very slippery and liable to cause damage. Therefore, in the case of straw and stubble, if he brought them out he is liable for the damages they caused, and anyone may acquire them. According to Rabban Shimon ben Gamliel, this is true not only for straw and stubble but for any manure. That is according to Rashi’s second explanation.
B. Yes, because Rabbi Yehuda distinguishes between the time when manure is usually taken out and other times, whereas the Mishnah made no such distinction.
C. No. Rabbi Yehuda HaNasi is called simply "Rabbi." Rabbi Yehuda is Rabbi Yehuda bar Ilai.
D. It is important to check whether there is an opinion that disagrees with the Mishnah.
Discussion on Answer
Correct
Thank you. One more question: when the Talmud brings another baraita—"Come and hear: all these that they said are permitted"—and it says there that Rabbi Yehuda exempts, is it basically rejecting its first explanation from the first baraita (about the time when manure is taken out), according to which Rabbi Yehuda holds one liable for damages?