Day #246–Rambam DAILY Sefer HaMitzvos

it is day number 246 of our daily study of in the three chapters a day study track of M we are finishing H the laws of monetary damages with chapters 12 13 and 14 that is the end that's uh a completion of the first set of hakas in the book of nikin of Damages so maslov on that um our Mitzvah today is a repeat you know the way we sa Mitzvah is we study Mitzvah not in the order that they are in sa Mitzvah but in the order that corresponds to whatever subject matter is being studied in the three chapters day of mishto well I got news for you I mentioned this yesterday there are four archetypical categories of Damages uh the Goring Ox the grazing Ox the pit and the fire okay well it took us five days to go through right does that make sense mathematically there are uh 14 chapters yeah so it took us five days to go through these H so we're going to have to repeat a Mitzvah so which Mitzvah we repeating the one from yesterday so here we go positive commandment 241 you know it from yesterday right remember what it was that's right it is the Mitzvah to follow the laws regarding damage caused by fire okay since it's a repeat I'll add a little information that I didn't tell you yesterday uh fire is different than the other three categories of damage in that it is it incurs Greater liability uh without getting into a whole detailed discussion of it um there's always a question of like to what extent does my liability uh last meaning sometimes there's a direct cause and then there's an indirect cause so when it comes to the other three categories it's really only liability for direct damage that was caused with fire however it's a higher degree of liability because it's considered a higher degree of agency meaning to say if my ax goes out and Gores or if my ax goes and wanders into someone else's field and eats their food or if a pit that I dog causes an animal to fall in and get hurt so I'm responsible but um it's sort of removed from me by the time it happens my fire however is considered an extension of me the way that the sages describe it actually in the talm mod they say it's like shooting an arrow that a person's fire is like his Arrow meaning once you shoot an arrow you cannot say well now I'm done whatever happens it's not none of my business no no by shooting the arrow you are now responsible for everything that happens until that Arrow lands until it hits wherever it hits um so there's a greater degree of liability because there's a greater degree of direct agency when it comes to this category of damage and as I explained in previous classes we're not saying specifically an ax specifically a pit specifically fire these are categories so for in what do I mean by categories for instance what's the law if and don't say to me well that's crazy nobody would do that well you know what if they did let's say somebody balances a knife on the ledge of a building and he leaves it there and then the wind comes and knocks the wind off the ledge and it hurts somebody God forbid so that case would be treated as an offshoot of the law of damage caused by someone's fire because it's the same same type of thing it's a similar type of concept make sense okay fine so that's the end of and tomorrow you want a sneak preview you want to know what we're starting tomorrow which laws should I tell you I'll tell you hilus Gava the laws of theft you going to show up for it tomorrow now that you know what it is all right I'll see you tomorrow God willing