Comentário sobre Baba Kamma 6:1

One who brings sheep into a pen and locked (a gate) in front of it appropriately etc...

הכונס. פטור – for he guarded it and what could he have done?

If a man brought his flock into a pen and shut it in properly and it went out and caused damage, he is exempt. If he had not shut it in properly and it went out and caused damage, he is liable.
If the pen was broken through at night, or bandits broke through it, and the flock came out and caused damage, he is not liable. If the bandits brought out the flock, the bandits are liable.  Section one teaches that if a person were to properly enclose his flock and nevertheless the flock were to escape, the person is exempt. Since he fulfilled his responsibility he is not liable for damages. However, if he didn’t enclose the flock properly he will be liable.  Section two can be explained as an exception to the rule in section one that if he didn’t enclose the flock properly he is liable. Section two teaches that if the flock broke out at night (i.e. they broke the enclosed part of the or bandits broke the fence, the owner is exempt, even though he did not properly lock the fence. The owner is not liable since the animals broke out against his control, even though they could have gone out through the main gate, thereby making him liable. If, on the other hand, they were to have broken the fence during the day, and he didn’t lock it properly, he is liable. (There are other explanations to this. The final clause of the mishnah says that if the bandits physically let out the flock, they are liable if it causes damage.
At the end of chapter five we learned the laws of damages done by a pit, the second archetypal cause of damage listed in the first mishnah of the tractate. The first three mishnayoth of chapter six will deal with the third archetypal cause of damage, the crop-destroying beast.

Appropriately, this is that he will put in the place that he brought (them) in there a door that will not cause to fall because of a common wind. And what that it says 'the bandits brought it out' is not to say they took out the animals with their hands, because this is clear. Rather it implies when they were the cause for their exit. For example they stood before them until they backed off from them to another side and they try to lose them and it is as if they took them out with their hands.

הוציאוה לסטים – even though he did not actually take it out, but rather that they stood before it until she left – it is as if they removed it with their hands and they are liable.