Mishnah
Mishnah

Reference for Bava Kamma 3:1

הַמַּנִּיחַ אֶת הַכַּד בִּרְשׁוּת הָרַבִּים וּבָא אַחֵר וְנִתְקַל בָּהּ וּשְׁבָרָהּ, פָּטוּר. וְאִם הֻזַּק בָּהּ, בַּעַל הֶחָבִית חַיָּב בְּנִזְקוֹ. נִשְׁבְּרָה כַדּוֹ בִּרְשׁוּת הָרַבִּים, וְהֻחְלַק אֶחָד בַּמַּיִם, אוֹ שֶׁלָּקָה בַחֲרָסֶיהָ, חַיָּב. רַבִּי יְהוּדָה אוֹמֵר, בְּמִתְכַּוֵּן, חַיָּב. בְּאֵינוֹ מִתְכַּוֵּן, פָּטוּר:

If one places a pitcher in the public domain, and another comes and trips upon it and breaks it, he (the one who broke it) is not liable, [for men (i.e., pedestrians) are not wont to look upon the ground]. And if he were injured by it, the owner of the pitcher is liable for his injury [even if he had renounced ownership of it. For if one renounces ownership of objects that can cause injury, which he had no right to make (i.e., to place there) in the beginning, it is as if he had not renounced ownership of them.] If (he tripped and) his pitcher broke in the public domain, and someone slipped on the water or were injured by its shards, he is liable. [For he (this tanna) holds that tripping is (to be regarded as ) dereliction, and not as accident, for which reason he is liable.] R. Yehudah says: If he has intent [to acquire the shards and the water after his pitcher is broken], he is liable [for the damage that they cause, for it is his bor that caused the damage], but if he does not have intent [to acquire them, then, since they originated in an accident (R. Yehudah holding that tripping is not dereliction), the shards and the water are (regarded as) hefker (renounced) after the accident, and] he is not liable. [The halachah is in accordance with R. Yehudah, that tripping is not (regarded as) dereliction. And since it is (regarded as) accident, and he had no intent to acquire the shards and the water, it is as if they never belonged to him and he is not liable for the damage they cause.]

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