Gemara Notes 44 - 46
Transcript of Gemara Notes 44 - 46
Statement 1:If one sends a fire with a deaf mute, crazy person, or a minor, and it damages someone, he is פטור in דין in חייב but בית שמים
אמר ריש לקיש משמיה דחזקיה:It is referring to someone who handed over a glowing coal, and the minor fanned it into a real flame. But if he gave him a real fire, he’d be חייב
אמר רבי יוחנן:Even if he handed him a flame he is
until he חייב and he is not ,פטורgives him thorns, wood and a flame
What is the reason?
Giving a real fire is his fault and is considered a direct result of his action
What is the reason?
The damage was the result of the actions of the one holding the fire, not the one who lit it
Statement 6
If the wind fanned it, all of them are פטור
:אמר אבייOur case is when the wind was blowing in the opposite direction in which the person was fanning
רבא אמר:Our case is when the wind was originally a normal wind, but unexpectedly gusted to an abnormal wind
רבי זירא אמר:Our case is when he didn’t really fan it, he blew on it himself;
רב אשי אמר:Shabbos is unique: one is חייב for a even if is מלאכהindirect. By damages, one is not חייב unless it is direct
If a person fanned a fire, and the wind fanned it at the same time…
If there was enough force in what the person did to set the fire ablaze, he is חייב If there was not enough force in what he did to set the fire ablaze without the wind, he is פטור
Why is he פטור if it was both the wind and his own force? How is that different from winnowing on Shabbos, which is חייב?
תנו רבנן
רב אשיDamage is different
than Shabbos
Since his force was enough, he did it himself
Since it was a combination of his force and the wind, he is פטור (in a case of damage)
רבי זיראHe only blew
lightly
If he blew on the flame in a way that would create a fire when combined with the wind, he is חייב
If he only breathed on the fire, he did not really contribute at all
רבאAbnormal
wind
If he fanned with enough force that together with a normal wind it would create a fire, he is חייב
Since what he did was not enough to create a fire with a normal wind, he is when an abnormal gust creates it פטור
אבייOpposite directions
If he fanned strong enough to create the fire, we assume it was because of him and not the wind
Since what he did could not have created the fire alone, it must have been the wind blowing in the opposite direction, he did not really contribute at all
Name of Amora
If there was enough force in what the person did to set the fire ablaze, he is חייב
If there was not enough force in what he did to set the fire ablaze without the wind, he is פטור
Statement of the Braisa