## Mishnah Bava Kamma Chapter 6

###### Mishnah Bava Kamma 6:1
[Mishnah Bava Kamma 6:1](https://torahapp.org/share/book/Mishnah%20Bava%20Kamma/r/6:1)

הַכּוֹנֵס צֹאן לַדִּיר, וְנָעַל בְּפָנֶיהָ כָּרָאוּי, וְיָצְאָה וְהִזִּיקָה, פָּטוּר. לֹא נָעַל בְּפָנֶיהָ כָּרָאוּי, וְיָצְאָה וְהִזִּיקָה, חַיָּב. נִפְרְצָה בַלַּיְלָה אוֹ שֶׁפְּרָצוּהָ לִסְטִים, וְיָצְאָה וְהִזִּיקָה, פָּטוּר. הוֹצִיאוּהָ לִסְטִים, לִסְטִים חַיָּבִים:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If one brings a sheep into a shed and closes (the door) before it properly, and it goes out and causes damage, he is not liable. [For he guarded it. "What (else) could he have done?"] If he does not close before it properly, and it goes out and causes damage, he is liable. If it were breached at night, or if robbers breached it and it went out and caused damage, he is not liable. If robbers took it out, the robbers are liable. [Even if they did not actually take it out, but just stood before it until it went out, it is as if they took it out with their hands and they are liable.]


###### Mishnah Bava Kamma 6:2
[Mishnah Bava Kamma 6:2](https://torahapp.org/share/book/Mishnah%20Bava%20Kamma/r/6:2)

הִנִּיחָהּ בַּחַמָּה, אוֹ שֶׁמְּסָרָהּ לְחֵרֵשׁ, שׁוֹטֶה וְקָטָן, וְיָצְאָה וְהִזִּיקָה, חַיָּב. מְסָרָהּ לְרוֹעֶה, נִכְנָס רוֹעֶה תַּחְתָּיו. נָפְלָה לְגִנָּה וְנֶהֱנֵית, מְשַׁלֶּמֶת מַה שֶּׁנֶּהֶנֵית. יָרְדָה כְדַרְכָּהּ וְהִזִּיקָה, מְשַׁלֶּמֶת מַה שֶּׁהִזִּיקָה. כֵּיצַד מְשַׁלֶּמֶת מַה שֶּׁהִזִּיקָה, שָׁמִין בֵּית סְאָה בְּאוֹתָה שָׂדֶה, כַּמָּה הָיְתָה יָפָה וְכַמָּה הִיא יָפָה. רַבִּי שִׁמְעוֹן אוֹמֵר, אָכְלָה פֵּרוֹת גְּמוּרִים מְשַׁלֶּמֶת פֵּרוֹת גְּמוּרִים. אִם סְאָה סְאָה, אִם סָאתַיִם סָאתָיִם:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If he left it in the sun or gave it to a deaf-mute, imbecile, or minor, and it went out and caused damage, he is liable. [("If he left it in the sun":) The sun distresses it, so that "proper closing," with a door that can withstand a normal wind is not sufficient.] If he gave it to a shepherd, the shepherd stands in his stead. [And we do not say in such a case that "A watchman who gives (his charge) to another watchman is liable." For it is customary for a senior watchman to give (his charge) to his junior, for which reason the latter is liable.] If it fell into a garden and derived benefit, it pays the (amount of the) benefit derived. [("If it fell into a garden":) As when it slipped and fell, but if it were pushed down (into the garden) by the other sheep, it pays what it damaged, the owner having been derelict in not having led them single file. ("the benefit derived":) what it benefited (by eating) and not what it damaged.] If it went down as was its wont and damaged, it pays what it damaged. How does it pay what it damaged? A beth sa'ah (fifty by fifty cubits) is assessed in that field — how much it was worth and how much it is worth. [The furrow is not assessed in itself. For the mazik would then lose, the furrow being assessed at its complete worth, (whereas Scripture states (Exodus 22:4): "And it eat in another's field," which is expounded: Damages are estimated on the basis of another field.) Rather, a beth sa'ah is assessed in that field — how much it was worth before this furrow was eaten and how much it is worth now, so that the mazik does not now pay the complete worth of the furrow. For one who buys a beth sa'ah with its produce pays only a trifle less if one furrow is missing.] R. Shimon says: If it ate finished fruit, it pays (the value of) finished fruit — if a sa'ah, a sa'ah; if two sa'ah, two sa'ah. [If it ate finished, completely ripened fruit, it pays the entire nezek. When do we assess it on the basis of the field? When the fruit is not yet finished. The halachah is in accordance with R. Shimon.]


###### Mishnah Bava Kamma 6:3
[Mishnah Bava Kamma 6:3](https://torahapp.org/share/book/Mishnah%20Bava%20Kamma/r/6:3)

הַמַּגְדִּישׁ בְּתוֹךְ שָׂדֶה שֶׁל חֲבֵרוֹ שֶׁלֹּא בִרְשׁוּת, וַאֲכָלָתַן בְּהֶמְתּוֹ שֶׁל בַּעַל הַשָּׂדֶה, פָּטוּר. וְאִם הֻזְּקָה בָהֶן, בַּעַל הַגָּדִישׁ חַיָּב. וְאִם הִגְדִּישׁ בִּרְשׁוּת, בַּעַל הַשָּׂדֶה חַיָּב:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If one heaps a stack in his neighbor's field without permission, and it is eaten by the beast of the owner of the field, he is not liable; and if it (the beast) were injured by it (the stack), the owner of the stack is liable. And if he heaped the stack with permission, the owner of the field is liable. [The Gemara construes this as relating to a valley where each of them was wont to thresh his stack on one threshing floor. A watchman was appointed. When he said: "Come and stack," it was as if he had said: "Come and I will watch it for you." But, otherwise, even if he stacked with permission, the owner of the field is not liable until he undertakes to watch it.]


###### Mishnah Bava Kamma 6:4
[Mishnah Bava Kamma 6:4](https://torahapp.org/share/book/Mishnah%20Bava%20Kamma/r/6:4)

הַשּׁוֹלֵחַ אֶת הַבְּעֵרָה בְּיַד חֵרֵשׁ, שׁוֹטֶה וְקָטָן, פָּטוּר בְּדִינֵי אָדָם וְחַיָּב בְּדִינֵי שָׁמָיִם. שָׁלַח בְּיַד פִּקֵּחַ, הַפִּקֵּחַ חַיָּב. אֶחָד הֵבִיא אֶת הָאוּר, וְאֶחָד הֵבִיא אֶת הָעֵצִים, הַמֵּבִיא אֶת הָעֵצִים חַיָּב. אֶחָד הֵבִיא אֶת הָעֵצִים, וְאֶחָד הֵבִיא אֶת הָאוּר, הַמֵּבִיא אֶת הָאוּר חַיָּב. בָּא אַחֵר וְלִבָּה, הַמְּלַבֶּה חַיָּב. לִבְּתָה הָרוּחַ, כֻּלָּן פְּטוּרִין. הַשּׁוֹלֵחַ אֶת הַבְּעֵרָה וְאָכְלָה עֵצִים, אוֹ אֲבָנִים, אוֹ עָפָר, חַיָּב, שֶׁנֶּאֱמַר (שמות כב) כִּי תֵצֵא אֵשׁ וּמָצְאָה קוֹצִים וְנֶאֱכַל גָּדִישׁ אוֹ הַקָּמָה אוֹ הַשָּׂדֶה, שַׁלֵּם יְשַׁלֵּם הַמַּבְעִיר אֶת הַבְּעֵרָה. עָבְרָה גָּדֵר שֶׁהוּא גָּבוֹהַּ אַרְבַּע אַמּוֹת, אוֹ דֶּרֶךְ הָרַבִּים, אוֹ נָהָר, פָּטוּר. הַמַּדְלִיק בְּתוֹךְ שֶׁלּוֹ, עַד כַּמָּה תַעֲבֹר הַדְּלֵקָה. רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה אוֹמֵר, רוֹאִין אוֹתוֹ כְּאִלוּ הוּא בְאֶמְצַע בֵּית כּוֹר. רַבִּי אֱלִיעֶזֶר אוֹמֵר, שֵׁשׁ עֶשְׂרֵה אַמּוֹת, כְּדֶרֶךְ רְשׁוּת הָרַבִּים. רַבִּי עֲקִיבָא אוֹמֵר, חֲמִשִּׁים אַמָּה. רַבִּי שִׁמְעוֹן אוֹמֵר, שַׁלֵּם יְשַׁלֵּם הַמַּבְעִיר אֶת הַבְּעֵרָה (שמות כב), הַכֹּל לְפִי הַדְּלֵקָה:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If one sends a fire by the hand of a deaf mute, an imbecile, or a minor, he is not liable by the laws of man, but he is liable by the laws of Heaven. If he sends it by a pikeach (a "knowing" person), the pikeach is liable. If one brought the fire and another (then) brought the wood, the bringer of the wood is liable. If one brought the wood and another (then) brought the fire, the bringer of the fire is liable. If another came and fanned (libah) the fire ["libah," as in (Exodus 3:2)): "belabath esh." Some books have "nibah," as in (Isaiah 57:19): "niv sfatayim" ("the expression of the lips"). When one speaks, he moves his lips and wind (i.e., an air current) is produced.] If the wind fanned it, they are all not liable. If one sent a fire and it consumed trees or stones or soil, [singeing one's furrow and spoiling it], he is liable, it being written (Exodus 22:5): "If fire go out, and find thorns, and there be consumed sheaves, or the standing corn, or the field, then pay shall he pay, he that lights the fire." If it went over a fence four cubits high, or a public way [sixteen cubits, as the (distance of the) flags of the desert], or a river, he is not liable. If one lights a fire in his domain, how far may the fire go (for him still to be liable)? R. Elazar b. Azaryah said: He is perceived as standing in the midst of a beth kor (liability obtaining up to about 137 cubits on all sides.) R. Eliezer says: Sixteen cubits, as (the distance of) the public way. R. Akiva says: Fifty cubits. R. Shimon says: "Then pay shall he pay, he that lights the fire" — all according to the fire [i.e., according to the height of the fire and its mass. The bigger it is, the farther it travels. The halachah is in accordance with R. Shimon.]


###### Mishnah Bava Kamma 6:5
[Mishnah Bava Kamma 6:5](https://torahapp.org/share/book/Mishnah%20Bava%20Kamma/r/6:5)

הַמַּדְלִיק אֶת הַגָּדִישׁ, וְהָיוּ בּוֹ כֵלִים וְדָלָקוּ. רַבִּי יְהוּדָה אוֹמֵר, יְשַׁלֵּם מַה שֶּׁבְּתוֹכוֹ. וַחֲכָמִים אוֹמְרִים, אֵינוֹ מְשַׁלֵּם אֶלָּא גָּדִישׁ שֶׁל חִטִּין אוֹ שֶׁל שְׂעֹרִים. הָיָה גְדִי כָפוּת לוֹ וְעֶבֶד סָמוּךְ לוֹ וְנִשְׂרַף עִמּוֹ, חַיָּב. עֶבֶד כָּפוּת לוֹ וּגְדִי סָמוּךְ לוֹ וְנִשְׂרַף עִמּוֹ, פָּטוּר. וּמוֹדִים חֲכָמִים לְרַבִּי יְהוּדָה בְּמַדְלִיק אֶת הַבִּירָה, שֶׁהוּא מְשַׁלֵּם כָּל מַה שֶּׁבְּתוֹכוֹ, שֶׁכֵּן דֶּרֶךְ בְּנֵי אָדָם לְהַנִּיחַ בַּבָּתִּים:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If one lit a stack [If he lit it within his own domain and it spread to his neighbor's], and there were within it vessels and they burned, R. Yehudah says: He pays for what is hidden, [R. Yehudah holding one liable for tamun ("hidden") damages in fire, not expounding (Exodus 22:5): "or the standing corn" — Just as the standing corn is in the open, so (there is liability for) all that is in the open.], and the sages say: He pays only for a stack of wheat or barley. [For they expound "or the standing corn" and exempt tamun damages in fire. It is just that they assess the space of the vessels as if it were (part of) the stack, and he pays for that part according to the space taken up by the vessels. And from what is stated below, "And the sages concur with R. Yehudah that when one sets fire to another's house he must pay for everything that is in it," the Gemara infers that R. Yehudah and the sages differ also in an instance where one sets the fire in his neighbor's domain, R. Yehudah holding that he pays for everything within it, even a purse, and the rabbis holding that for those vessels which it is customary to hide in a stack, such as threshing sledges and cattle gear, he pays; but for vessels which it is not customary to hide in a stack, he does not pay. The halachah is in accordance with the sages.] If a goat were bound in it and a bondsman close to it, and he were burned with it, he is liable. If a bondsman were bound in it and a goat close to it, and he were burned with it, he is not liable. [For animals are also included in "or the standing corn." And he is not to be exempt from payment by virtue of receiving greater punishment (kam leih biderabbah mineih), for he is not liable for the death of the bondsman. For since he was not bound, he should have run away, and he is liable neither to be put to death nor to pay for him. But if the bondsman were bound in it, he is exempt even for the goat and the stack, for he is put to death for the death of the bondsman, and kam leih biderabbah mineih obtains. (With the goat, "bound" or "unbound" makes no difference. It is mentioned only by way of "bondsman," where it is relevant)]. And the sages concur with R. Yehudah that when one sets fire to another's house he must pay for everything that is in it, for it is customary for men to place vessels in houses. But in a stack, where it is customary to place only things like threshing sledges and cattle gear, even if he lit the fire in his neighbor's domain, he pays, according to the sages, only for those things that it is customary to hide in a stack.] If a spark went out from under the hammer and caused damage, he is liable. If a camel laden with flax passed through the public domain, and its flax entered a shop and was ignited by the shopkeeper's lamp and set the building afire, the owner of the camel is liable. If the shopkeeper placed his lamp outside, the shopkeeper is liable. R. Yehudah says: With a Channukah lamp, he is not liable, [because he is engaged in the performance of a mitzvah. The halachah is not in accordance with R. Yehudah.]


###### Mishnah Bava Kamma 6:6
[Mishnah Bava Kamma 6:6](https://torahapp.org/share/book/Mishnah%20Bava%20Kamma/r/6:6)

גֵּץ שֶׁיָּצָא מִתַּחַת הַפַּטִּישׁ וְהִזִּיק, חַיָּב. גָּמָל שֶׁהָיָה טָעוּן פִּשְׁתָּן וְעָבַר בִּרְשׁוּת הָרַבִּים, וְנִכְנַס פִּשְׁתָּנוֹ לְתוֹךְ הַחֲנוּת, וְדָלְקוּ בְּנֵרוֹ שֶׁל חֶנְוָנִי וְהִדְלִיק אֶת הַבִּירָה, בַּעַל הַגָּמָל חַיָּב. הִנִּיחַ חֶנְוָנִי נֵרוֹ מִבַּחוּץ, הַחֶנְוָנִי חַיָּב. רַבִּי יְהוּדָה אוֹמֵר, בְּנֵר חֲנֻכָּה פָּטוּר: