Quoting%20commentary for Bava Kamma 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:

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.]

Explore quoting%20commentary for Bava Kamma 6:5. In-depth commentary and analysis from classical Jewish sources.