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<p style="margin-bottom: 0cm; margin-top: 0pt;">This one is easier to
answer, but since I received (mostly offline) so many wonderful answers
to yesterday's questions, here is today's:<br>
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<p style="margin-bottom: 0cm; margin-top: 0pt;">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.</p>
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??? <br>
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