Selim Dushey asked:
In a case where a person covered a bor: not strong enough for a camel- and camels were not shechiah to be there. If a camel came and fell in; Would he be chayav or patur?
Thank you. Tizke lemitzvot.
Selim Dushey, Brooklyn, New York
The Kollel replies:
Dear Selim,
Tosfos DH ve'Asu answers your question - he is Chayav. Also see Rama CM 410:23. He is responsible that maybe a camel might come and fall in, but he's not responsible that a camel might come, weaken the cover and then an ox can fall in. Rav Elchonon Waserman in Kovetz Bi'urim 16 explains that one who creates a certain Mazik is responsible for what happens and can't claim Ones but here concerning oxen he didn't create the Mazik until the camel ruins it and for that he is Ones.
All the best,
Reuven Weiner