Like "his Arrows"

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Rabbi Yochanan said: One is liable on the damage caused by his fire on account of it being “his arrows” (it is as if he shot out an arrow which caused damage).

The Nimukei Yosef explains that this is why one is permitted to light candles Friday afternoon even though they will be burning on Shabbos; since the candles were lit from before Shabbos, which is when he shot the arrow.

The Minchas Chinuch explains further: According to Rabbi Yochanan, he is liable for the moment that he set the fire ablaze. Just as one who shoots an arrow is liable for the shooting of the arrow even though the damage which occurs afterwards is now unavoidable; so too it is with respect to one who lights a fire. Accordingly, a halachah would emerge as follows: If one lit a fire and before it had a chance to do damage he died, the inheritors would be obligated to pay (from the properties of the deceased), since the reason for liability was already completed while the lighter was still alive. This is only true if “his arrows” did not cease (when there was a fence preventing the fire from spreading, and the fence fell down after he died). However, if “his arrows” ceased before he died, they will be exempt from liability. As long as the heirs did not know about the fire, they would not be liable, for if they did know about it, and they could have prevented the fire from damaging, they will be liable, for it is their property that is damaging.

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Actions or Results

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Rabbi Yochanan (Tannis 29a) said as follows: Were I living in those days, I would have ordained the fast for the tenth of Av; for on that day the greater part of the Beis Hamikdosh was burned. The Chachamim maintained that the day when the calamity began should be observed as a fast-day.

The Kotzker Rebbe asked from that famous Nimukei Yosef in Bava Kamma. Rabbi Yochanan said: One is liable on the damage caused by his fire on account of it being “his arrows” (it is as if he shot out an arrow which caused damage). The Nimukei Yosef explains that this is why one is permitted to light candles Friday afternoon even though they will be burning on Shabbos; since the candles were lit from before Shabbos, which is when he shot the arrow. According to this, why is Rabbi Yochanan stating here that he would have declared the fast on the tenth of Av if the fire started on the ninth?

The answer is that regarding Shabbos and damages, we are concerned with the action; when it occurred and how it happened. Regarding the Beis Hamikdosh being destroyed; we are not concerned with the action, rather with the result and it was burned on the tenth of Av. This is why Rabbi Yochanan said that if he were living in those days, he would have ordained the tenth of Av as the fast day.

The Avnei Neizer answers that the fire of the Beis Hamikdosh was a Heaven-sent fire and that is constantly being lit - that is why Rabbi Yochanan thought the fast should be on the tenth - we don’t look at the beginning.

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Laws of Heaven

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The Gemora (Bava Kamma 22b) cites a Mishna: If one sends out a fire in the hands of a deaf-mute, an imbecile or a minor (and it consequently burned someone’s haystack), he is not liable to pay according to the laws of man, but he is liable according to the laws of Heaven. If, however, he sent out the fire in the hands of a competent person, the competent person is liable to pay for the damages.

It would seem that in the case where the sender sent the fire with a competent person, the sender is not liable at all, even under the laws of Heaven!

The Ram”a (C”M: 32:2) rules that if one sends out false witnesses to testify against someone, and they cause that fellow a loss, the sender is not liable at all, even under the laws of Heaven. This is because we say that there cannot be a shliach to commit a transgression.

The Sha”ch disagrees and maintains that the sender will be liable to pay under the laws of Heaven. He explains the distinction between the two cases. The sender will always be liable under the laws of Heaven. The only reason that the sender is not required to pay at all in the case of the fire is because once the competent person is liable to pay, there is no place for the sender to be liable as well!

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Through Desolation, the Gate is Broken Apart

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Rav Sechorah said in the name of Rav Huna in the name of Rav (Bava Kamma 21a) : Someone who lives in his friend’s courtyard without his knowledge is not obligated to pay him rent, for it is written: Through desolation, the gate is broken apart (demons destroy a vacant house; it emerges that the dweller actually benefits the owner).

Mar the son of Rav Ashi remarked: I myself have seen such this demon and the damage was as great as a rampaging bull.

Rav Yosef said: Houses that are inhabited by remain in a better condition (for they maintain it).

It would seem from this Gemora that without this benefit that the dweller provides for the owner, he would be liable to pay. The Rashba asks: Why would this be? It seemed from the entire Gemora above that everyone holds that when one benefits and the other one does not lose, he is not liable to pay!?

He answers that although the Gemora here agrees that one who benefits from another is exempt from liability if he did not cause a loss, practically speaking, this would not be the halachah. This is because, generally, one who dwells in someone else’s house does cause a slight damage to the house. The Gemora had previously ruled that whenever there is a loss to the owner, the one who benefits is obligated to pay for the pleasure that he derived. The Gemora here is explaining that the benefit which the dweller is providing the owner by dwelling in his house offsets the loss in damages that the owner incurs on account of the dweller. It is therefore classified as a case where one benefits and the other is not losing.

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Destined to Give an Account

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The Mishna in Pirkei Avos (4:29) states: Against your will you were created; against your will you were born; against your will you live; against your will you die; and against your will you are destined to give an account before the King who rules over kings, the Holy One, Blessed be He.

The question is obvious: If a person is living against his will, why is he forced to give an account of his actions?

The Vilna Gaon explains this based upon the Mishna: If someone (owned fields surrounding the field of his friend and) put up fences around three sides (separating their fields), we do not make the owner of the inner field pay (for the cost of building the fence, for it does not really help him, since his field is left opened on one side). Rabbi Yosi says: If the one being surrounded makes the fourth wall, he is obligated to pay his share in all of the walls (for he has demonstrated that he approves of the building of the other three sides). If the owner of the outer property surrounds the inner owner on three sides, the inner owner is not obligated to defray the cost of the building because he has not benefitted, for the fourth side is completely opened. He also can claim that he did not request this at all. However, if the inner owner builds the fourth wall, he has revealed that he approves of the building of the three walls, and he therefore is obligated to contribute to the cost of all four sides of the fence.

So too, explains the Gaon, Hashem fences a person on three sides: A person is created; he is born; and he is living against his will. Accordingly, he is not obligated to pay for it (to give an account of his deeds). But when a person becomes ill and is close to dying, he makes every effort available to him in order to stay alive. He will spend any amount of money for doctors, medicines and cures. He will cry out with all his might that he wants to live. This is as if he is fencing the fourth wall. He is demonstrating that although he was created and born against his will, he now approves and is willingly living. He therefore is destined to give an account of his actions.

The Netziv recounted that one time the students of the Gaon were sitting around the Gaon’s table when he said over this explanation. The Dubno Maggid was there as well, and upon hearing the interpretation, offered the following parable: A man had two daughters; one of them was extremely ugly and the other one had a very bad temperament. No man wanted to marry them until the following marriage was suggested: A blind man should marry the ugly one, and a deaf one should marry the one with the dire disposition, for he will not hear her yelling. The father of the girls accepted and his daughters were married off. Many years passed and the couples prospered. They became wealthy and built a beautiful family. One day an expert doctor arrived in the city and told them that he is capable of healing both the blind man and the deaf one. They agreed on a price and the procedures were successful. However, to the dismay of the couples, strife and arguments between the men and their spouses immediately flared up. The ex-blind man saw the hideous appearance of his wife and the ex-deaf man heard his wife’s constant nagging and yelling.

When the doctor approached them with his bill, they refused to pay him, claiming that he made it worse for them, not better. The case was brought to court and the judge inquired of the doctor if it was possible for him to undo that which was done. He replied that this would no problem at all for him to do. The judge ruled that since these men were better off before the doctor’s involvement in their life, he must make them blind and deaf again. When the men heard the ruling, they proclaimed that they would rather keep their sight and their hearing. Upon hearing this, the judge reversed his ruling and said that they now have revealed that they are happy with the improvement, and they are obligated to pay the doctor for his services.

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