Sparks

Bava Kama (6:6) | Yisrael Bankier | 18 days ago

The Mishnah (6:6) discusses a case where a spark flew out from under a hammer and caused damage. The Mishnah rules that the person is responsible for any damage caused. We need to understand why.

The Tosfot Yom Tov cites the Rambam (Hilchot Chovel 6:11) who explains that he is responsible like one that shoots an arrow or throws a stone. In other words, it is considered as if the person caused the damage directly and is responsible whether or not he intended to cause any damage.¹

The Tosfot (60a, s.v. Rav Ashi) however explains that the damage caused in this Mishnah falls under that category of Eish (fire). They reason that it makes sense is because Eish is the topic of the Mishnayot in this perek. The Tosfot stress that the case must be that the blow of the person alone would not have been enough to cause damage. Rather it needed the addition of a regular wind to fan the flames, for it to be considered Eish.

The Gemara (Bava Batra 26a) however discusses a case where, as a result of one beating and shaking out flax, some small fibers flew out and injured someone else. The Gemara explains that in that case the person is not liable. The Gemara asks how this is different to shooting an arrow where one is liable. The Gemara answers that the fibers could only cause damage as a result of the wind.

The Gemara later asks that if that is the case, why is the person liable for the damage caused in our Mishnah. It would seem that the question posed by the Gemara supports that Tosfot's understanding that in our Mishnah, the damage caused was assisted by wind, much like Eish.

The Gemara answers that in this case he is happy -- nicha lei -- for the sparks to be carried away at a distance. How do we understand the answer of the Gemara of nicha lei?

The Ritva (Bava Batra 26a), citing the Ri, explains that because he does not want the sparks to land nearby, he would strike it with force. With that force, the sparks will go to a location that can be carried away by a normal wind. Consequently, it comparable to a case where one that left fire or a knife and in a location that can be carried away be a normal wind and cause damage. In other words, nicha lei on its own is not a requirement for the person to be responsible for the damage, but rather it changes the physical parameters of the case so that it can be considered Eish.

The Chazon Ish (Bava Kama 2:4, s.v. ve'ikar) explains that a spark on its own is like a smoldering coal, that will extinguish on its own. It is harmless without any wood or fuel. He explains that the Tosfot's understanding of the importance of striking it with force is because despite the fact that has not yet created any fire, it is clear by the blacksmiths actions that it is considered dangerous from his intent to make the sparks not fall near him, and can therefore be considered Eish.

Yisrael Bankier

¹ By comparing the case in our Mishnah to an arrow or stone that was thrown by someone, it would seem that damage is caused on impact. Perhaps this understanding would work better with the Aruch's understanding of the term getz used in the Mishnah (cited by the Tifferet Yisrael). He explains that the Mishnah is referring to a piece of metal, the chipped off because of the hammer's blow, and not a spark as has been assumed in this article.

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