S E P H A R D I C Family, Business, & Jewish Life Through the Prism of Halacha VOLUME 5779 • ISSUE XV • PARASHAT BO • A PUBLICATION OF THE SEPHARDIC HALACHA CENTER number of important Halachic differences PAYING between the two classifications, which will be very pertinent to the California wildfires. and WITH FIRE: The Halachot of Esh are discussed in Hos- Who Is Responsible for the hen Mishpat1, however there is an opinion California Wildfires? that not all of them are enforceable by a con- Rabbi Yosef Greenwald temporary Bet Din. Parasha & Halacha Shiur by Rabbi Chaim Naftali In our times, we have lost the institution of The recent severe fires in northern Califor- CASTING LOTS: nia, with the ensuing tragic loss of life and of Semicha, and our Batei Din do not have the property, gives us all pause to reflect on the full authority that they had in past genera- Goral in Monetary Halacha Partners that want to split up a partnership into great kindness of Hashem and to realize how tions. One ramification is that our Batei Din much we depend on Him to protect us every equal parts, with all the property being of equal do not rule on uncommon cases. The major- moment of our lives. stature, the Halacha is that they cast lots – a ity opinion is that Esh is common enough That being said, we also can take some time raffle – to ensure a fair process. to reflect on the Halachic ramifications such that Batei Din today can rule on it.2 The Halacha is that once one lot was picked a situation creates. It is important to bear in mind that the (i.e. Reuven was assigned to Lot A, although the Is a fire starter liable? Mazik of Esh does not refer solely to fire. other lots weren’t picked), the raffle is irrevo- The Halachic questions raised by the Cali- Anything which damages through a “Koah cable. There is a dispute among the Rishonim fornia wildfires are many. To name a few: If Aher” – an outside force – for instance, debris whether this means that none of the partici- someone lit a fire that caused a large con- falling from a wind and causing damage or pants can back out and the raffle system must flagration, is he responsible to pay for every- water flowing through the force of a gust of be carried out for the rest of the lots or wheth- thing the fire damages? wind also fall under this category. er the one who received his portion must stick If the fire causes a loss of life, is the one who HITZO OR MAMONO: with it but the others can back out or remain started it liable for the death penalty? As an example of the damage that a fire can partners on the remaining shares. It appears that at least some of the California cause, for which the lighter would be liable, The Gemara discusses why a raffle works. At fires were caused by electrical malfunctions, the Pasuk says a case where someone lights first, the Gemara compares it to the division of and numerous lawsuits have been brought a blaze that goes into his friend’s field and Eretz Yisrael by Yehoshua Bin Nun, although against the electric company to this effect. burns his pile of wheat. The Gemara tells in that scenario there were also the Urim Does an electric fire have the same Halachic us that this example is used because a pile V’Tumim, which was a form of prophecy. Ul- status as a manmade fire? of wheat is an entity that is out in the open timately, the Gemara suggests that it is and can be clearly seen. We learn from there because there is a mutual benefit THE MAZIK OF FIRE: that if a fire burns something which is cov- to the parties thus there is as- Esh, fire, is one of the four Avot Nezikin – ered (referred to by the Gemara as “Tamun sumed agreement to the damage categories, which are listed in the B’Esh”), the lighter is not liable to pay. outcome. Mishna in beginning of Bava Kama. A fire spotlight that one lights on his property and spreads In a later Gemara3, it is stated that there is a Most Rishonim: and causes damage to someone else’s prop- fundamental dispute between Resh Lakish Rashbam, Dayan Daniel Dombroff, and Ribbi Yohanan regarding Esh. Resh Lak- erty is considered Mamon HaMazik – dam- Ram- shlita, is beginning a new ish says that “Isho Mishum Mamono”, one’s aging property. (continued Sunday morning Hoshen fire is one’s property and he is liable to pay for on back) Mishpat Habura to explore the The Gemara discusses whether damages Halachot of hiring and engaging any damages it causes, just as he is respon- caused by fire always fall under the catego- employees: Hilchot Sechirut Po’alim. As a Dayan on our Bet Din, and a popular speaker, ry of “Mamon HaMazik”, damage done by Rav Dombroff brings a wealth of practical one’s property, or sometimes fall under the 1 418 experience to share with the members of this new 2 Pischei Teshuva ibid:1 category of “Adam HaMazik”. There are a morning Kollel. 3 Bava Kama 25B (continued on back) Don’t miss our upcoming Business Halacha Journal topic on Ribbit. Don’t yet receive it? Visit www.TheSHC.org, call us at 732.9300.SHC (742) or email [email protected] (continued from front pg.) sible for damage caused by anything he owns. ters his friend’s field and lights a fire there, ac- However, he always has the exemption of Ta- cording to the view of R’ Yohanan he is direct- mun B’Esh. R’ Yohanan disagrees and says that ly responsible for the damage caused by the The sometimes “Isho Mishum Hitzo”, fire is akin to fire, even if a wall stood between the fire and an arrow that someone shoots – meaning he is the objects that were burned, and he would in directly responsible for the damage, just as he be liable to pay even for things which were would responsible if he shot an arrow at some- covered. one’s property. Bring the Daf to Life! WATER DAMAGE: The Gemara concludes that R’ Yohanan would As mentioned earlier, the Mazik of Esh can agree that “Isho Mishum Mamono” if the fire מסכת חולין include damage caused by water. Thus, if was lit in a way that it should have stopped be- someone forgets to turn off his faucet and the fore reaching someone else’s field. For exam- sink overflows and damages his downstairs ple, if there is a wall in between the two fields neighbor’s ceiling, he would be liable for the This Week's Topics that should have stopped the fire, but the wall damages. According to R’ Yohanan, he would fell down and the fire spread past the wall. In even be liable for damages done to covered RAV YOSEF FUND such a case, R’ Yohanon would agree that the items, as the damage was caused directly POSEK AT THE BAIS HAVAAD lighter is exempt from payment on things by the water he let out of the sink. However, RAV YEHOSHUA GRUNWALD that were Tamun. However, if nothing stood if one’s pipes flood in a way that is not a di- DAYAN, BAIS HAVAAD LAKEWOOD in the way of the fire and it naturally spread to rect result of his actions, the damaging water RAV YOSEF GREENWALD someone else’s field, R’ Yohanan says the fire definitely falls under the category of Mishum DAYAN, BAIS HAVAAD YERUSHALAYIM is Mishum Hitzo, a direct result of the lighter’s Mamono, and one would not be liable to pay action, and he is liable to pay even on Tamun. for anything that is covered. The Poskim rule that the practical Halacha is In Part 2 of this series, we will continue our like R’ Yohanan. ”TALKING “TEIKU דף מ"ה -discussion by moving on to the status of elec The Shach4 adds that if someone actually en- trical fires and the liability one would have if a WHEEZING LUNGS דף מ"ו fire he started actually kills somebody. TREIFOS BASICS : PART 2 דף מ"ז 418:3 4 CESAREAN COWS דף מ"ח continued from front pg.) bam and many that a Kinyan must still be enacted. The Bach) more maintain write that the Rosh must have had a different BIRKAS KOHANIM: LAWS & CONCEPTS דף מ"ט and that the sec- version of the Gemara. UNDER THE KNIFE: IS A COW THAT דף נ' ond under- Maran follows the Rambam whereas the standing in the Rama follows the Rosh (there is a discussion HAD SURGERY KOSHER? Gemara is the as to the Raavad’s opinion, according to the DEFECTIVE MERCHANDISE: WHEN דף נ"א conclusion. Thus, once a lot is cast it is bind- Kenesset HaGedola and Hacham Ovadia Yo- DID THE DEFECT HAPPEN? ing as a full-fledged Kinyan (act of acquisition) sef he doesn’t agree with the Rosh, whereas and the parties own their shares irrevocably. according to the Lehem Mishne, he holds like However, the Rosh, cited by the Tur, maintains the Rosh). -the Bet Ha ,[ שמות וארא בא בשלח יתרו מHAVAADשפטים] As we begin EVENTSthe period known as Shovavim AT [an THEacronym of the BET Parashiyot Vaad is once again presenting an annual shiur series on Hilchot Niddah, presented by Rav Chaim Weg, shlit”a, Rosh Kol- lel of Zichron Gershon, the Bet HaVaad Kollel for Dayanut.