Q&A: One Who Breaches a Fence in Front of Another Person’s Animal
One Who Breaches a Fence in Front of Another Person’s Animal
Question
Hello Rabbi Michi,
The Talmud in the chapter HaKones brings a case of indirect causation: “One who breaches a fence in front of another person’s animal is exempt under human law but liable under the law of Heaven.”
A. By definition, is indirect causation in damages always liable under the law of Heaven, or are there cases in which one is exempt even under the law of Heaven?
B. Rashi explains the ruling in the baraita such that the entire discussion is about the wall. My question is whether, according to Rashi, in the case of a sound wall he would be liable for the wall and liable under the law of Heaven for the damage caused by the animal, whereas in the case of an unstable wall he would be liable under the law of Heaven for the wall and completely exempt for the damage caused by the animal. Is this understanding correct?
With thanks and appreciation
Answer
A. Simply speaking, every case of indirect causation in damages is liable under the law of Heaven.
B. See here, lessons 7–9: https://drive.google.com/drive/folders/17w-ftxqAjG7n1qs-2I4f3aVDe7ONxUX2