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DAF DISCUSSIONS - BAVA BASRA 22

Barry Epstein asked:

I understand that the halachah is like R. Yosi re the damager having to prevent damage done by his arrows (direct damage). My notes at the bottom of 22b says that Tosafos includes in "his arrows" any action that is immediately, although INDIRECTLY, detrimental to a neighbor's property.

Is this the halachah, and, if so, why is indirect damage included?

Barry Epstein, Dallas, USA

The Kollel replies:

Preventing damage is not a question of liability for damages. (One is not liable for indirect damage.) The question is whether the damager is able to claim that since what he does is being done in his own property he cannot be stopped from doing what he is doing. Just as he cannot make such a claim when he "shoots arrows" from his property so, too, when the damage is immediate he cannot make such a claim. This is the way in which it is considered like "his arrows".

D. Zupnik