With a wall

<<that is unsound.

Said

<<the master:

<<one who bends

<<the standing grain

<<of

<<his fellow

<<before

<<a fire.

<<What is the case?

<<If we say

<<that it reaches

<<it

<<by a wind

<<that is usual,

<<by the laws of

<<man

<<too

<<let him be liable!

<<Rather,

<<that it reaches it

<<by a wind

<<that is not

<<usual.

And Rav Ashi

<<said:

<<“hidden”

<<was stated:

<<because

<<he made it

<<hidden

<<in the fire.

Said

<<the master:

<<one who hires

<<witnesses of

<<falsehood.

<<What is the case?

<<If we say

<<for himself,

<<money

<<he must

<<pay,

<<and by the laws of

<<man

<<too

<<let him be liable!

<<Rather,

<<for his fellow.

And one who knows

<<testimony

<<for his fellow

<<and does not

<<testify

<<for him.

<<With what

<<are we dealing?

<<If we say

<<with two,

<<it is obvious!

<<From the Torah

<<it is:

<<“If

<<he does not

<<tell,

<<he shall bear

<<his iniquity”!

Rather,

<<with one.

And is there no more?

<<But there is

<<(a mnemonic:

<<one who does,

<<with poison,

<<and one who sends,

<<his fellow,

<<broke.)

<<One who does

<<work

<<with the waters of

<<purification

<<or with the heifer of

<<purification

<<is exempt

<<by the laws of

<<man,

<<and liable

<<by the laws of

<<Heaven!

But there is

<<one who puts

<<deadly poison

<<before

<<the animal of

<<his fellow —

<<exempt

<<by the laws of

<<man,

<<and liable

<<by the laws of

<<Heaven!

But there is

<<one who sends

<<the fire

<<by the hand of

<<a deaf-mute,

<<an imbecile,

<<or a minor —

<<exempt

<<by the laws of

<<man,

<<and liable

<<by the laws of

<<Heaven!

But there is

<<one who frightens

<<his fellow —

<<exempt

<<by the laws of

<<man,

<<and liable

<<by the laws of

<<Heaven!

But there is:

<<if broke

<<his jug

<<in the public domain

<<and he did not

<<remove it,

<<fell

<<his camel

<<and he did not

<<stand it up —

<<Rabbi Meir

<<holds liable

<<for their damage;

<<and the Sages

<<say:

<<exempt

<<by the laws of

<<man,

<<and liable

<<by the laws of

<<Heaven!

Yes,

<<indeed

<<there are

<<many;

<<and these

<<were needed

<<for him;

<<you might

<<say

<<by the laws of

<<Heaven

<<too

<<let him not

<<be liable;

<<it teaches us.

One who breaches

<<a fence

<<before

<<the animal of

<<his fellow —

<<you might

<<say:

<<since

<<to be torn down

<<it was standing,

<<what

<<did he do?

<<By the laws of

<<Heaven

<<too

<<let him not

<<be liable;

<<it teaches us.

One who bends

<<the standing grain

<<of

<<his fellow

<<too —

<<you might

<<say,

<<let him say:

<<did

<<I know

<<that would come

<<a wind

<<that is not

<<usual?

<<And by the laws of

<<Heaven

<<too

<<let him not

<<be liable;

<<it teaches us.

And according to Rav Ashi,

<<who said

<<also

<<“hidden”

<<was stated,

<<you might

<<say:

<<“I,

<<covering,

<<I covered it

<<for you”,

<<and by the laws of

<<Heaven

<<too

<<let him not

<<be liable;

<<it teaches us.

And one who hires

<<witnesses of

<<falsehood

<<too —

<<you might

<<say,

<<let him say:

<<the words of

<<the master

<<and the words of

<<the student —

<<the words of

<<whom

<<does one heed?

<<And by the laws of

<<Heaven

<<too

<<let him not

<<be liable;

<<it teaches us.

And one who knows

<<testimony

<<for his fellow

<<and does not

<<testify

<<for him

<<too —

<<you might

<<say:

<<“who

<<says

<<that if

<<I had

<<come

<<and testified

<<for him,

<<he would have

<<admitted?

<<Perhaps

<<he would have

<<sworn

<<falsely”,

<<and by the laws of

<<Heaven

<<too

<<let him not

<<be liable;

<<it teaches us.

If it was breached

<<at night

<<or

<<that breached it

<<bandits

<<etc.

<<Rabbah said:

<<and that is

<<where it tunneled out.

But

<<if it did not

<<tunnel out,

<<what —

<<he is liable?!

<<What is the case?

<<If we say

<<with a wall

<<that is sound,

<<when

<<it did not

<<tunnel out,

<<why

<<is he liable?

<<What

<<was there

<<for him

<<to do?

<<Rather,

<<with a wall

<<that is unsound —

<<when

<<it tunneled out,

<<why

<<is he exempt?

<<Its beginning

<<in negligence

<<and its end

<<in accident

<<it is!

This works

<<according to the one

<<who said:

<<its beginning

<<in negligence

<<and its end

<<in accident

<<is exempt;

<<but

<<according to the one

<<who said:

<<its beginning

<<in negligence

<<and its end

<<in accident

<<is liable,

<<what

<<is there

<<to say?

Rather,

<<our Mishnah

<<is with a wall

<<that is sound,

<<and even

<<it did not

<<tunnel out.

<<And when

<<was stated

<<that of Rabbah,

<<on the latter clause

<<it was stated:

<<if he left it

<<in the sun,

<<or

<<handed it

<<to a deaf-mute,

<<an imbecile,

<<or a minor,

<<and it went out

<<and caused damage —

<<he is liable.

<<Rabbah said:

<<and even if

<<it tunneled out.

It is not

<<necessary to say

<<where

<<it did not

<<tunnel out,

<<for all of it

<<in negligence

<<is;

<<but

<<even

<<if it tunneled out

<<also.

<<You might

<<say:

<<it is

<<its beginning

<<in negligence

<<and its end

<<in accident;

<<it teaches us

<<that all of it

<<negligence

<<is,

What is the reason?

<<For he says

<<to him:

<<knowing,

<<you knew

<<that once

<<you left it

<<in the sun,

<<every

<<means

<<that there is

<<for it

<<to do

<<it does

<<and goes out.

If took them out

<<bandits —

<<the bandits

<<are liable.