Translation:Shulchan Aruch/Choshen Mishpat/415

From Wikisource
Jump to navigation Jump to search

Paragraph 1- If one hides thorns or glass, or he builds his fence with thorns and has it stick out to the public domain, and another was damaged by them, the owner would be liable for the full damage. If one builds his fence with thorns and is exact to ensure it stays in his domain, he would be exempt, because people do not have the practice of rubbing up against walls.

Paragraph 2- If one hides his thorns or glass in another’s wall, and the owner of the wall comes and destroys his wall and it falls into the public domain and damages, and the wall was shaky, the party that hid would be liable. If the wall was firm, the owner of the wall would be liable. If it damaged while falling, there are those who say the owner of the wall is liable in all cases. If the wall fell on its own and it was firm, they would be exempt. If it was shaky, the party that hid would be liable. If an unaffiliated party destroyed the wall, he would be liable and the party that hid would be exempt. See above Siman 356.

Paragraph 3- It is a pious character trait to hide one’s thorns and other dangerous item in a place where no harm will occur, such as by throwing them into the river or burning them.