​ 11 Bava Kama 6/4-6 & 7/1

(4) One who sends a fire in the hands of a deaf-mute, a shoteh, or a minor is exempt by the laws of man, but he is liable by the laws of Heaven. If he sent it in the hands of a person of sound senses, the one of sound senses is liable. If one brought the fire and another brought the wood, he that brought the wood is liable. If one brought the wood and another brought fire, he that brought the fire is liable. If another came and lit the fire, the one who lit the fire is liable. If the wind fanned the flames, they are all exempt. One who sent forth fire, and it consumed wood or stones or dust, he is liable, as it says: “When a fire breaks out and spreads to thorns so that the stacked corn is consumed, or the standing corn, or the field, he that kindled the fire shall surely make restitution” (Exodus 22:5) If it passed over a fence four cubits high, or over a public path, or over a river, he is exempt. One who kindled fire within his own domain, how far does it need to spread [for him to be liable]? Rabbi Eleazar ben Azariah says: We look at it as if it was in the middle of a kor’s space[75,000 square cubits]. Rabbi Eliezer says: Sixteen cubits [in every direction] like a public road. Rabbi Akiva says: Fifty cubits. Rabbi Shimon says: ‘He that kindled the fire shall surely make restitution’, all is in accordance with the nature of the fire.”

(5) One who set fire to a stack of sheaves and in it there were utensils and these caught fire: Rabbi Yehudah says: He must pay back for what was in it. But the Sages say: He pays only for a stack of wheat or barley. If a kid was fastened to it and a slave stood near by, and they were burnt together, he is liable. If there was a slave fastened to it and a kid stood near by and they were burnt together, he is not liable. And the Sages agree with Rabbi Yehudah that if one set fire to a large building, he must pay back for everything in it; for such is the customary for people to leave [their items] in their houses.

(6) If a spark went out from under the hammer and caused damage, he is liable. If a camel laden with flax passed by in the public domain and its load of flax entered into a shop and caught fire from the storeowner's candle and lit a large house on fire, the owner of the camel is liable. But if the shopkeeper left his candle outside, the shopkeeper is liable. Rabbi Judah says: If it was a Hannukah light, he is exempt.

(1) Greater is the rule of twofold restitution than the rule of fourfold or fivefold restitution, for the rule of twofold restitution applies both to what has life and what does not have life, while the rule of fourfold and fivefold restitution applies only to an ox or a sheep, as it says, “If a man shall steal an ox or a sheep and kill it, or sell it, he shall pay five oxen for an ox and four sheep for a sheep” (Ex. 21:37). One who steals from a thief does not pay twofold restitution; And the one who slaughters or sells what is [already] stolen does not pay fourfold or fivefold restitution.