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Bava Basra 022: His arrows
Barry Epstein <[EMAIL PROTECTED]> asked:
I understand that the halachah is like R. Yosi re the damager having to
prevent damage done by his arrows (direct damage). My notes at the bottom
of 22b says that Tosafos includes in "his arrows" any action that is
immediately, although INDIRECTLY, detrimental to a neighbor's property.
Is this the halachah, and, if so, why is indirect damage included?
Barry Epstein, Dallas, USA
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The Kollel replies:
Preventing damage is not a question of liability for damages. (One is not
liable for indirect damage.) The question is whether the damager is able to
claim that since what he does is being done in his own property he cannot
be stopped from doing what he is doing. Just as he cannot make such a claim
when he "shoots arrows" from his property so, too, when the damage is
immediate he cannot make such a claim. This is the way in which it is
considered like "his arrows".
D. Zupnik
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