More Discussions for this daf
1. Seifa Itztricha Leih 2. Tashlumim for Hezek 3. Tosfos DH v'Chayav b'Achrayuso
4. Tosfos DH Lefichach 5. Nisya'esh Heimenah 6. Chazakah vs. Umdena
7. Rashi on the first Mishnah 8. Hezek Re'iyah 9. First Tosfos
10. Basar b'Chalav 11. Where should the gatehouse be built? 12. Klai ha'Kerem
13. Hezek Re'iyah 14. מחיצת הכרם שנפרצה
DAF DISCUSSIONS - BAVA BASRA 2

1. Menachem Zaman asks:

The Gemara says if you are Nisya'esh Heimenah from building a wall then that makes you chayav m'din garmi. But why wouldn't that adam hamazik? If a person yells and he breaks glass from his voice he is mechayev (I am assuming), so why not from his machshava?

Menachem Zaman, United States

2. The Kollel replies:

The Gemara (Bava Kama, end of 18b) does state that if a chicken stuck its head into a glass vessel and made a noise which broke the vessel, the owner of the chicken must pay full damages. Rav Yosef said that if a horse neighed and broke Kelim, the owner of the horse pays half damages. (The issue of whether one pays full damages or half depends on the dispute between Sumchus and the Chachamim whether one pays full or half damages for Tzeroros, when the animal kicks up stones which then break an item.)

The key to answering your question, Menachem, lies in the last two words in Rashi on 18b: "d'Kocho Hu" -- the damaged caused by noise is considered as being done by the Ko'ach of the person/animal who made the noise. This is why it is different from the Gemara in Bava Basra, where the grapevine spreads and mixes with the wheat and makes it forbidden because of Kil'ayim. It is not the Ko'ach of the person who does not build the wall who is damaging; it is the grapevine.

Kol Tuv,

Dovid Bloom