Jewish Law

Lesson # 576 Pit Damage

As was stated in the previous lesson, Reuven is liable whether he deliberately or inadvertently dug or uncovered the pit. Reuven is liable whether he himself dug the pit or uncovered the pit. He is liable whether he dug the pit, purchased it, inherited it or received it as a gift. Reuven is liable even if the pit was full of wool shearings or the like that may soften the fall for the animal, person or vessel. Reuven is liable for digging or uncovering a pit in a public street or that opens into a public street. If Reuven’s animal digs a pit, Reuven is not liable - if Shimon or Shimon’s animal and/or Shimon’s vessels are killed, injured or damaged by falling into such a pit. This despite of the fact that the pit was dug in such a place and in such manner that Reuven would have been liable had he dug it himself.             
The location of the pit may determine Reuven’s liability if someone or something falls into the pit. The pit that Reuven digs or uncovers may be in one of three locations: in the public street; in Reuven’s domain; or in Levi’s domain.
Reuven is liable for digging or opening a pit in a public street or that opens into a public street. He has no more right to the public street than anyone else or animals belonging to others do. Similarly, Reuven is liable if he digs a pit in a side alley off the public street, in the market place, or any place not owned by Reuven and where people have a right to go. However, Reuven is not liable if he illegally digs a pit under a public street but the opening is in Reuven’s domain.
Regarding a pit that Reuven digs on his own premises, in halacha, there are four possibilities:
1. Reuven digs a pit in his own domain with the opening of the pit in his own domain. Thus when damage occurs due to the pit, both the pit and the domain belong to Reuven and Reuven is not liable if Shimon’s self is injured and/or Shimon’s ox is injured or killed in the pit. Reuven can successfully plead that Shimon had no right to enter into his domain.
2. Reuven digs a pit in his own domain and then declares the domain ownerless without declaring the pit ownerless. Reuven is not liable for digging the pit but is liable for not covering it or filling it before declaring his domain ownerless. He will be liable for damages caused to Shimon.
3. Reuven digs a pit in his own domain and then declares the pit ownerless without declaring the domain ownerless. He is not liable for damages to Shimon since Reuven did not own the pit when the damage occurred.
4. Reuven digs a pit in his own domain and then declares both the pit and the domain ownerless. He is not liable for damages to Shimon caused by the pit since Reuven does not own the pit.  to be continued…

• Other Jewish Law
• Lesson # 582 Persons Ineligible to Participate in a Sale
• Lesson # 579 Going Out of Business Sale
• Lesson # 578 Pit Damage (cont.)