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Baba Kama 3:5-6

Baba Kama 3:5

Let’s say that one person was carrying a barrel and another was carrying a beam. If the barrel was broken by the beam, the owner of the beam is exempt from paying because both parties have equal rights to walk in the public domain. If they were walking single file with the beam owner in front and the barrel owner behind him, if the beam breaks the barrel, the owner is exempt. If the one carrying the beam stopped short, he is liable. If he called out to the one carrying the barrel that he should stop, he is exempt. If the barrel owner was in front and the beam owner was following him and the beam breaks the barrel, the owner of the beam is liable. If the one carrying the barrel stopped short, he is exempt. If the barrel owner called out for the beam owner to stop, he is liable. All this is also the case if one person is carrying a lit candle and another is carrying flax (i.e., if the candle burns up the flax).

Baba Kama 3:6

If two people were walking in the public domain, or one was running and the other was walking, or both were running, if they injure one another, they are both exempt.

Author: Rabbi Jack Abramowitz