[Avodah] [YGB - יג"ב] Another Good BK Q, from our talmid Daniel Apfel

Yosef Gavriel Bechhofer ygbechhofer at gmail.com
Tue Nov 14 03:15:51 PST 2006


This one is easier to answer, but since I received (mostly offline) so 
many wonderful answers to yesterday's questions, here is today's:


On :דף ג, the גמ' says that an אסומ', that a person puts into רשות 
הרבים, isתחלת עשייתן לנזק . רשי explains that this is so because when it 
became a בור, (when he put it in רשות הרבים) it was able to do נזק.

But, on :דף ו the גמ' says that a tree or wall that was in a persons 
private property that fall into the middle of רשות הרבים, and the person 
doesn’t get rid of it and it does damage, he's חייב. The גמ' continues 
to say that this is not a case of בור, rather it's learned out from both 
שור and בור. The reason this is says the גמ', is because its not תחלת 
עשייתן לנזק. רשי explains that the reason behind this is because when 
the wall was first built, and the tree first planted they were not able 
to do damage as a בור. But according to the first גמ' it should be תחלת 
עשייתן לנזק, because when they first were in רשות הרבים they were able 
to do damage as a בור?? So what is תחלת עשייתן לנזק? Is it that when it 
was first in רשות הרבים it was able to do damage as a בור, or is it that 
when it was first created/recognizable as a wall, tree, rock etc., it 
was able to do damage as a בור???
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