Is there a difference between is there a difference between grama (גרמא) and garmi (גרמי)? TB Baba Kama 98

Today’s daf TB Baba Kamma discusses several cases that revolve around the question when a person who doesn’t act appropriately still be held liable? If a person destroys a loan document, is he liable for the money owed to the creditor? Although Rabba rules no in this case, the Gemara points to an underlining disagreement between Rabbi Shimon and the Rabbis.

“And Rabba also says: One who burns another’s promissory note is exempt, as the one who burned it can say to him: I have burned only your paper, and he is not held liable for the fact that the creditor will no longer be able to prove that he had provided the loan…Rav Dimi bar Ḥanina said: This statement of Rabba is the subject of a dispute between Rabbi Shimon and the Rabbis. According to the opinion of Rabbi Shimon, who says that an item that causes financial loss is considered to have monetary value (דָּבָר הַגּוֹרֵם לְמָמוֹן כְּמָמוֹן דָּמֵי), the one who burned the promissory note is liable. According to the opinion of the Rabbis, who say that an item that causes financial loss is not considered to have monetary value (דָּבָר הַגּוֹרֵם לְמָמוֹן לָאו כְּמָמוֹן דָּמֵי), he is not liable. Rabba holds in accordance with the Rabbis, and therefore rules that one who burns a promissory note is exempt from liability.” (Sefaria.org translation)

The Gemara concludes that the choice of the court makes all the difference in the outcome of this case. “Ameimar said: The one who rules that there is liability for damage caused by indirect (גַרְמֵי) action collects, in this case, the value of a proper promissory note, i.e., the amount of the debt, from the one who burned the promissory note. The one who rules that there is no liability for damage caused by indirect action collects, in this case, merely the value of the paper.” (Sefaria.org translation)

We’ve previously learned that the person who causes indirect damage (grama- גרמא) is not held liable. Looking at the two words גרמא and גַרְמֵי , we can see that they share the same three letter root, ג-ר-מ. Both describe indirect damage, but are these two terms synonymous?

Rashi holds that these two terms are synonymous. Many Rishonim make a subtle difference between the two terms. גרמא means indirect consequences based on the person’s actions. For example, when a person unlocked the gate, animals escape, and subsequently cause damage, he is not held liable for the damages the animals caused. He didn’t lead the animals to another person’s pasture. The animals on their own left the pen, meander, and caused damage. גַרְמֵי is still an indirect action; however, is more direct than גרמא. Once the person destroys the loan document, he inhibits the creditor from collecting the loan. גַרְמֵי is somewhere between direct and indirect damage.