THE JERUSALEM INSTITUTE OF JEWISH LAW
Rabbi Emanuel Quint, Dean

Lesson # 320 (part 8; PIT part 6; Street, 2)
Damages caused by placing objects in a street

With this lesson we conclude the popular topic of “pit”, that is, injuries or damage caused by Reuven placing an object in a public place and Shimon tripping over the object.

At the present time there are usually laws and regulations dealing with all of the matters in these lessons. Under the doctrine of following the law of the land, halacha demands that these laws and regulations be followed.

Assume that Reuven places or throws thorns, glass, or some other hazardous material into the public street. Or Reuven covers up thorns or pieces of glass in a public street. Or he makes a fence of thorn bushes and they protrude into the public street. In all of these situations if Shimon or his animal is injured thereby, Reuven must pay compensation to Shimon. If the fence is entirely on Reuven’s property and does not protrude beyond his property line into the street, then he is not liable to Shimon because he is not responsible if Shimon brushes against the fence or wall on Reuven’s property.

It is the practice of pious individuals to place hazardous materials in the walls in such places that could not cause subsequent injury, even when the entire wall is inside the property line of its owner. In disposing of hazardous material the pious person does so in a place or fashion that will not cause injury to others, such as burying it deep underground, burning it or sinking it deep in the sea. In every generation and in every environment the pious individual will determine the best was to dispose of hazardous materials.
Assume that Reuven’s non-defective wall or tree falls into a public street and cause injuries to Shimon while falling or after it falls. Reuven is exempt from paying for the injuries. The reason for this is that these objects are not similar to a pit in that their original form of creation deems them unlikely to cause damage. This holds true whether or not Reuven abandoned ownership of the wall. If the wall or tree falls because Reuven dug around the wall or the tree, then Reuven is liable.

Assume that Reuven has on his property a defective tree or wall that becomes defective. Beth Din upon discovering this fact should determine a time for Reuven to cut down the tree or demolish or repair the wall. Under ordinary circumstances the time should not exceed 30 days. In case of emergency, Beth Din may order the tree or wall to be cut down or repaired immediately. A warning by a private individual is not considered ample warning to make Reuven liable for injuries if the tree or wall falls. After the determined time, Reuven is liable for injuries caused to Shimon while the tree or wall is falling or after it has fallen. If prior to the expiration of the time fixed by Beth Din, or if no warning was given to Reuven, the tree or wall falls down and causes injuries to Shimon while falling or afterwards, Reuven is exempt from liability. This exemption only holds true if Reuven is not aware of the occurrence or if he becomes aware but does not abandon or remove the fallen object. However, if he becomes aware and does not abandon or remove the object, he is liable. There is also an opinion that holds if there was no warning given to Reuven, he is not liable even if he becomes aware of the latter condition and does not abandon the fallen objects. This opinion holds that since the tree or wall was not created to cause damage, it not like ordinary pit, and thus there is no liability without a warning from Beth Din. If the wall was built defectively and falls down, Reuven is liable for injuries to Shimon even without warning.

Reuven may not throw stones cleared from his domain onto a public domain or street. If he does and Shimon and/or his animal are injured thereby, while the stones are in the air or after they have rested on the ground, Reuven is liable for damages. The Talmud relates a story (Baba Kama 50b): Reuven was throwing stones from his property into a public street. A pious man asked him why he was throwing stones from property that did not belong to him onto property that did belong to him? Reuven scoffed at the pious man. Sometimes later Reuven became poor and was compelled to sell his property. He was walking in the public street and tripped over one of the stones that he had thrown there. Reuven was then heard to say, “How well did that pious man say to me ‘Why did you remove stones from ground that did not belong to you to ground that is yours.”

Reuven may not dig a cavity under a public street. Nor may he dig cisterns or trenches or other openings, even if a truck loaded with stones is able to pass over them. The reason is that since it is not visible from above ground the cavities may become defective without Reuven’s knowledge. Reuven may not do so even if one of the openings is on his own domain. He may not do so even if he agrees to compensate the person who is hurt thereby. He is not liable if the cavity is covered with such strong material that it is unlikely to collapse under the weight of a heavy truck carrying a heavy load, and nevertheless someone is injured.

It is stated in chapter 410 of Shulhan Aruch, Choshen Mishpat, “Reuven, as a good citizen digs a pit in an area on the side of a public street so that it will be filled with rainwater, so that passersby will have water to drink or to water their animals. Once he advises Beth Din of what he has done or if he gives it the cover to the cistern, he is no longer liable for the pit. If he digs a pit in the same location for his own uses and then grants it to the public and he notifies Beth Din of the fact and/or gives it the cover, he is no longer liable for the damage that the pit causes. This assumes that Beth Din accepts the cistern on behalf of the community. If Reuven digs the cistern with the permission or request of Beth Din, he may dig it in the middle of the public street and is not liable unless he leaves it uncovered without notifying Beth Din.

Reuven is constructing a house on his property that abuts on a public street. Construction materials are delivered to the site and placed in a public street. Reuven, unless he has permission from the local authorities, must remove the materials from the street. If left on the street and they cause injury, he is liable even if he received permission. If Reuven is building a house and the foundations are being dug on Reuven’s domain but close to a public street and Shimon’s ox falls into the hole, all hold that Reuven is not liable. There is authority that if while building a foundation the hole extends into the public street, Reuven is not liable if Shimon’s animal falls into the hole.

Halacha provides for special rules regarding the mixing of concrete and the making of bricks on the street.

The subject matter of this lesson is more fully discussed in volume X chapters 415, 416, 471 of A Restatement of Rabbinic Civil Law by E. Quint. Copies of all volumes can be purchased via email: orders@gefenpublishing.com and via website: www.israelbooks.com and at local Judaica bookstores. Questions to quint@inter.net.il