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1) A FIRE THAT SPREAD

(a) (Mishnah): A fire passed a wall of 4 Amos, or a public road or a river - one is exempt (for what burned on the other side).
(b) (Gemara) Contradiction (Beraisa): A fire passed a wall of 4 Amos - he is liable.
(c) Answer (Rav Papa): Our Tana speaks from above - if the wall was 6 Amos, he is exempt, also 5, until (and including) 4;

1. The Tana of the Beraisa speaks from below - if the wall was 2 Amos, he is liable, also 3, until (but not including) 4.

(d) (Rava): A wall of 4 Amos exempts, even in a field of thorns.
(e) (Rav Papa): The 4 Amos are measured above the thorns.
(f) (Rav): The Mishnah is only by a flame that rises - but a low (or bent) flame is liable even for crossing a wall (Tosfos; Rashi - road) of 100 Amos.
(g) (Shmuel): The Mishnah is only by a low (or bent) flame - but a flame that rises is exempt even for crossing a wall (road) of any size.
(h) Support (for Rav - Beraisa): This is only by a flame that rises - but a low (or bent) flame where wood is found, it is liable even for crossing a road of 100 Mil (1 Mil is 2000 Amos);

1. If it crossed a river or Shlulis (explained below) 8 Amos wide, it is exempt.

(i) (Mishnah): A public road...
(j) Question: Who is the Tana of the Mishnah?
(k) Answer (Rava): R. Eliezer.

1. (Mishnah - R. Eliezer): Sixteen Amos, as the width of a public road.

(l) (Mishnah): Or a river...
(m) (Rav): This literally means a river.

1. Even if it is dry, he is exempt;

(n) (Shmuel): It means a small irrigation ditch.

1. He is only exempt if has water.

(o) (Mishnah): The following are a division regarding Pei'ah (requiring one to leave a corner of each field for the poor): a Nachal (river; some say, valley), a Shlulis, a private path, a public road.
(p) Question: What is a Shlulis?
(q) Answer #1 (Rav Yehudah): A place where rainwater Sholelim (gathers).
(r) Answer #2 (Rav Bivi): An irrigation ditch that apportions Shalal (profit) to its banks (by supplying water).

1. Rav Yehudah would say, all the more so an irrigation ditch is a division;
2. Rav Bibi would not agree to a place where rainwater gathers - that is a mere basin of the field.

2) THE LIMIT OF RESPONSIBILITY

(a) (Mishnah - R. Elazar ben Azaryah): Reuven lit a fire in his own premises (and it spread to his neighbor). If the distance to his neighbor was as from the middle of a Beis Kor, he is exempt;

1. R. Eliezer says, if 16 Amos separate them, as a public road; R. Akiva says, 50 Amos;
2. R. Shimon says, "The one who burned the fire will pay" - we go according to the fire.

(b) (Gemara) Question: Does R. Shimon not hold of a limit to the responsibility for a fire?

1. (Mishnah): A person may not set up an oven in his house unless there are 4 Amos above it; one may not set up an oven in an upper story unless there are 3 Tefachim of plaster below it;

i. For a Kirah (an oven that does not get as hot), 1 Tefach suffices.

2. If the oven caused damage, he must pay for it;
3. R. Shimon says, if he kept the proper distance, he is exempt.

(c) Answer (Rav Nachman): R. Shimon holds, the distance is always according to the size of the fire.
(d) (Rav Yosef): The law is as R. Shimon.

(a) (Mishnah - R. Yehudah): Reuven burned a stack; vessels were inside, they burned - he pays for them;
(b) Chachamim say, he only pays for a stack, wheat or barley.
(c) Reuven burned a stack of grain; there was a kid tied to it and a slave nearby, and they were burned - Reuven is liable;

1. If there was a slave tied to it and a kid nearby, and they were burned - Reuven is exempt.

(d) Chachamim admit to R. Yehudah that one who burns a building pays for everything inside, for people normally put (all kinds of) things in houses.
(e) (Gemara - Rav Kahana): The argument is when Reuven lit in his own premises, and it spread to Shimon's property: R. Yehudah obligates him for what was hidden, Chachamim exempt him;

1. If he lit a fire in Shimon's premises, all agree he is liable for what was hidden.

(f) Question (Rava): If so, why does the end of the Mishnah say, 'Chachamim admit to R. Yehudah that one who burns a building pays for everything inside, for people normally hide things away in houses' - it should distinguish by the case of a stack!

1. It should say, Chachamim only exempt when Reuven lit in his own premises - if he lit in Shimon's premises, all agree he is liable for what was hidden!

(g) (Rava): Rather, they argue in both cases.

1. When Reuven lit in his own premises and it spread to Shimon's property, R. Yehudah obligates him for what was hidden, Chachamim exempt him;
2. If he lit a fire in Shimon's premises, R. Yehudah obligates even for anything hidden, even a wallet; Chachamim obligate for vessels that are sometimes put in a stack, such as tools used for threshing and with cattle.

(h) (Beraisa - R. Yehudah): Reuven burned a stack; vessels were inside, they burned - he pays for them;

1. Chachamim say, he only pays for a stack, wheat or barley; we view the area of the vessels as if it was grain;
2. This is only if Reuven made a fire in his own premises; if he lit in Shimon's premises, all agree he pays for everything inside.
3. If Reuven gave permission for Shimon to make a stack in Reuven's property, and Reuven's fire burned it, he only pays for a stack:

i. If Shimon deviated from what he had permission to pile up, from wheat to barley or vice-versa; or, if he piled 1 grain and covered it with a different grain - Reuven pays for the cheaper grain (barley).