House on Fire TB Baba Kama 61

Today’s daf TB Baba Kama 61 continues the discussion concerning the person’s liability who starts a fire. If a barrier like a wall is built to code i.e. four or more cubits tall, the person is not liable for damages when the fire crosses that barrier. The Gemara goes on to discuss two different types of blazes. The first is a vertical flame; the second is a horizontal flame. According to Rashi, the wind causes the flame to burn low to the ground in a horizontal fashion. This distinction of blazes has an impact on a public thoroughfare. “Rav says: They taught in the mishna that one is exempt from liability if the fire crosses a public thoroughfare only in a case where the flame blazes high [bekolaḥat]. But in a case where the flame blazes low [benikhpefet] and therefore spreads easily along the ground, the one who kindled the fire is liable even if the space that the fire crossed was up to one hundred cubits” (Sefaria.org translation)

The next Mishna discusses the linear measurement of liability. In other words, how far away from another person’s property does a person have to make a fire? “In a case of one who kindles a fire on his own premises, up to what distance may the fire travel within his property for him to still bear liability for damage caused? Rabbi Elazar ben Azaria says: The court views his location where he kindled the fire as if it were in the center of a beit kor. Therefore, if the fire spreads and causes damage farther away than half a beit kor, the one who kindled the fire is exempt, since he could not anticipate that the fire would spread so far. Rabbi Eliezer says: One is liable up to a distance of sixteen cubits, like the width of a public thoroughfare. Rabbi Akiva says: One is liable up to a distance of fifty cubits. Rabbi Shimon says: The verse states: “The one who kindled the fire shall pay [shallem yeshallem] compensation” (Exodus 22:5), to teach that everything is according to the fire.” (Sefaria.org translation)

The distance required for liability is striking because it is as long as 137 cubits (the center of a beit kor) and as short as 16 cubits. Rabbi Shimon says the distance is relative to the size of the fire. “Rav Naḥman says that Rabba bar Avuh says: This is how Rabbi Shimon’s statement in the mishna should be understood: Everything is according to the height of the fire he initially kindled. If it was a small fire he is not liable to pay for damage caused by it if it traveled far, whereas if he started a large fire, he is liable even if it traveled a great distance.” (Sefaria.org translation) and the halakha follows Rabbi Shimon.

The last Mishna on our daf is the source for tamun (טָמוּן).  One is not liable to pay for damages for something that is concealed underneath or inside what’s burning. “With regard to one who kindles a stack of wheat or barley and there were vessels concealed inside the stack and they caught fire and burned together with the stack, … the Rabbis say: He pays compensation only for the stack of wheat or barley, as the case may be, and he is not responsible for that which was concealed within it.” (Sefaria.org translation) The Mishna then goes onto teach us about a house on fire. “And the Rabbis, who disagree with Rabbi Yehuda and exempt one from payment for vessels concealed inside the stack in the field, concede to Rabbi Yehuda that if one sets fire to a building, he pays compensation for everything that was burned inside it, since it is the normal way of people to place items in houses.” (Sefaria.org translation)

From this Mishna we can deduce the underpinning idea of tamun. What’s the difference between a stack of produce and a house on fire when it comes to tamun? The qualitative difference is expectations. It is unexpected to keep things within or underneath a stack of wheat; consequently, you’re only liable for the damage of the stack of grain. On the other hand, we expect a house to be furnished and contain other personal items; consequently the one who set the fire is liable for all damages.