Bava Kamma - Daf 30
- האי מאן דבעי למהוי חסידא – One should fulfill מילי דנזיקין, מילי דאבות, מילי דברכות
The Gemara relates that pious people used to hide their thorns and shards of glass in their fields so they would not cause damage, and they would bury them three tefachim deep so they would not block the plow. Rav Sheishess would throw them into a fire, and Rava would throw them into the Tigris River.
Rav Yehudah said: האי מאן דבעי למהוי חסידא – One who wants to be a pious person, לקיים מילי דנזיקין –should fulfill the words of [Mesechta] Nezikin. Rava says: מילי דאבות – He should fulfill the words of Pirkei Avos. Others say: מילי דברכות – He should fulfill the words of [Mesechta] Berachos.
- Damages from items permitted to be left in רשות הרבים
The next Mishnah states: המוציא את תבנו וקשו לרה"ר לזבלים – If one puts his cut straw or uncut straw in רשות הרבים to become fertilizer, and someone was damaged by it, the owner must pay for the damages. The Gemara asks that the Mishnah seems to disagree with Rebbe Yehudah, who said that one is permitted to place manure material in רשות הרבים during certain times of the year so it would be stepped on and processed into fertilizer. It answers that although it is permitted to leave in public, he agrees that he is liable to pay for any damages. Although Rebbe Yehudah said in a Mishnah: בנר חנוכה פטור – one is exempt from paying damages caused by a Chanukah lamp left in public, מפני שהוא ברשות – because it is there with permission, the Gemara explains that Rebbe Yehudah means it is with רשות מצוה – permission for the purpose of a mitzvah. However, Rebbe Yehudah says explicitly in another Baraisa that one is exempt for hazards left in public with permission, and two new answers are given: Rav Nachman says our Mishnah is discussing one who left straw out in public when it is not the season to do so. Rav Ashi says that straw is not included in Rebbe Yehudah’s exemption, משום דמשרקי – because it is slippery and especially hazardous.
- The permit to take straw which was left in רשות הרבים
The Mishnah taught about straw left out in public: כל הקודם בהן זכה – Whoever is first to take it acquires it. Rav explains: בין בגופן בין בשבחן – Anyone may acquire both [the straw] itself, and its improvements gained while improperly left in public. Zeiri says: בשבחן אבל לא בגופן – One may acquire its improvements, but not [the straw] itself, and the owner retains its original value. The Gemara explains that Rav holds קנסו גופן משום שבחן – they penalized [the item] itself because of the improvement gained unlawfully, and Zeiri holds they did not. The Gemara eventually clarifies that Rav agrees that something which is not improved by being left in רשות הרבים is not subject to this penalty and may not be taken. The Gemara asks if items which do become improved are penalized immediately according to Rav, or only after they are improved. The question is not resolved. The Gemara quotes a Baraisa in which Tannaim argue about the permissibility of taking straw left out in public and says that Zeiri must concede that his position is subject to a machlokes Tannaim. Rav can explain that both Tannaim agree that they penalized the item itself, but that the Tanna Kamma holds הלכה ואין מורין כן – this is the halachah, but we do not rule this way publicly.
