Bava Kama 9b — Iyun
Handing a Dangerous Knot to Someone Who Won't Be Careful
Part of Bava Kama (Iyun)
A short sugya on who bears responsibility when a tied knot is handed to someone unlikely to use it carefully, comparing the case to the halachos of liability for an open fire.
Audio Transcript
the חרש שוטה וקטן to untie it. But why are you responsible? Because you stopped watching and gave it over to somebody who will not, will not watch, or will untie it. In other words, you put it into a position where it could get untied. What if you just walked away from it according to the Rambam? Would you have the same halacha? I don't know the question if you walk away. But giving it to the חרש, you know, makes it worse. Makes it worse. If you walk away, you'd be patur? Yeah, you'd be patur. Because the nature of it is to get untied? No, not the It's nature to get untied by somebody else. But what we mean here, nature is it tries to get untied. In other words, that's what it means. It's the nature of an ox to always need the tying. The tying has to always be there. It's not like it's be'etzem something that's tame. It's something that if you don't watch it, you took over response- Because be'etzem it has to be tied. In other words, when you give over a tied knot, which is a good knot, that'll stay forever. But if you give it over to somebody and tell him let's say, \"Untie it\", will you be chayav or patur? Yeah. Sure, you're chayav. Why? Because it's your responsibility it should stay tied, and you're giving it over to a חרש שוטה וקטן, he'll untie it. But the whole thing is, why? Because it needs constantly to be tied, because it's the derech is to get away, and you constantly have to make sure that the knot is good. So, if you wouldn't give the חרש שוטה וקטן, you made sure. You looked, you tied it, you made sure, and finished. The fact that you gave it to him, you took away your assurance that it So, you It's as if you loosened it. Why? Because it's derech is it needs to be tied, and Why does
it say then in the case of the fire that if you give it over to a חרש שוטה וקטן, you're patur? Why? Like a גחלת, why? Because a fire can damage. If the קטן If the קטן moves it No, the case of Rabbi Yehoshua, it's not because of If he blows it. You leave it like this, the fire will go out. He does something to it. Unless the קטן does something to it. And we assume the קטן will not do. Therefore, if the קטן does something to it, you're patur. So, here the קטן does something to the to the בור or to the ox, and you're chayav. Why? I'm saying, because this is something that has to always be watched. So, it's your responsibility to leave it in Because it's tied well, I can go away, leave my ox. Yeah, but you can't go away and give it over to a חרש. Yeah, you can leave your ox, but you're giving it over to somebody that you know he's going to untie it. You're dropping your responsibility. By the גחלת, you drop the response- There's no problem. Not going to touch it. Huh? We're not talking about Rabbi Yochanan in צבתא דחרש. That's a second part. We're talking now that the גחלת will will will go down. The nature of it. The nature of גחלת to go down, and obviously the חרש שוטה וקטן will not do anything to it. But that's a side point, but that's not the peshat in the words of the Gemara. So, that's why here you don't also don't have to say anything. Okay.