One may not stand an oven inside a house unless there is a height above it [from the mouth of the oven until the ceiling] of four cubits, [so that the ceiling not catch fire.] If he stood an oven in an upper story, there must be below it a [clay] paving of three handbreadths, [so that the lower ceiling (i.e., the floor) not catch fire; and a height above it of four cubits.] And with a kirah, [upon which a pot is placed, no large fire being made within it as in a stove], one handbreadth. And if he caused damage [after having observed all of the above regulations], he pays the amount of the damage, [in spite of which he is compelled to observe these regulations, lest he cause fire damage to his neighbors and not have what to pay.] R. Shimon says: All of these regulations were stated only so that if he caused damage (after having observed them), he be exempt from paying. [The halachah is not in accordance with R. Shimon.]
Bartenura on Mishnah Bava Batra
גובה דא אמות – the space from the lip of the oven until the ceiling, in order that the fire not ignite the ceiling.
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English Explanation of Mishnah Bava Batra
Introduction
Mishnah two deals with placing an oven or other cooking device in a house in a fashion that will not cause damage to the house.
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Bartenura on Mishnah Bava Batra
עד שיהא תחתיו מעזיבה – [plaster of] clay three handbreadths, so that the lower ceiling of the attic not burn, and above it a space of four cubits.
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English Explanation of Mishnah Bava Batra
One may not set up an oven inside a house unless there is a space of four cubits above it. If he sets it up in the upper room, the flooring beneath it must be three handbreadths deep, or for a stove one handbreadth. Section one sets up specifications for placing an oven or a stove inside a house, either on the first floor or on the second floor (the upper room). Note that a stove causes less heat than an oven.
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Bartenura on Mishnah Bava Batra
ובכירה – they place the pot on its cavity/space and they don’t make it in a large fire as they do for an oven.
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English Explanation of Mishnah Bava Batra
And if it causes damage [to the floor] he must pay for the damage caused. Rabbi Shimon says: “They only mentioned these measurements so that if the object caused damage he would be exempt.” Section two contains a dispute between the anonymous opinion and Rabbi Shimon with regards to the ramifications of the distances mentioned in this and the previous mishnah. According to the first opinion, while a person must observe these restrictions, even if he does so he will still be obligated to make restitution if his property damages someone else’s property. According to Rabbi Shimon, if one follows the restrictions, and properly distances his potentially damaging property from another person’s property, he will be exempt if it causes damage.
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Bartenura on Mishnah Bava Batra
ואם הזיק – after there were there all of these measurements,
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English Explanation of Mishnah Bava Batra
Questions for Further Thought: • According to the anonymous opinion is section 2, even if a person properly distances his damaging things from another’s property he will still be obligated for subsequent damages. Why then does the mishnah mention how far these mentioned things must be distanced?
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Bartenura on Mishnah Bava Batra
he pays for the damage that he caused, and nevertheless, they prevent him with all of these measurements lest he kindle their homes, and he doesn’t have what with to pay. But the Halakha is not according to Rabbi Shimon.
