Gemara Notes 44 - 46

.דף נט: - ס

Statement 1:If one sends a fire with a deaf mute, crazy person, or a minor, and it damages someone, he is פטור in דין in חייב but בית שמים

אמר ריש לקיש משמיה דחזקיה:It is referring to someone who handed over a glowing coal, and the minor fanned it into a real flame. But if he gave him a real fire, he’d be חייב

אמר רבי יוחנן:Even if he handed him a flame he is

until he חייב and he is not ,פטורgives him thorns, wood and a flame

What is the reason?

Giving a real fire is his fault and is considered a direct result of his action

What is the reason?

The damage was the result of the actions of the one holding the fire, not the one who lit it

Gemara Notes p. 44דף נט עמוד ב

One who winnows on Shabbos

is חייב

Statement 6

If the wind fanned it, all of them are פטור

:אמר אבייOur case is when the wind was blowing in the opposite direction in which the person was fanning

רבא אמר:Our case is when the wind was originally a normal wind, but unexpectedly gusted to an abnormal wind

רבי זירא אמר:Our case is when he didn’t really fan it, he blew on it himself;

רב אשי אמר:Shabbos is unique: one is חייב for a even if is מלאכהindirect. By damages, one is not חייב unless it is direct

If a person fanned a fire, and the wind fanned it at the same time…

If there was enough force in what the person did to set the fire ablaze, he is חייב If there was not enough force in what he did to set the fire ablaze without the wind, he is פטור

Why is he פטור if it was both the wind and his own force? How is that different from winnowing on Shabbos, which is חייב?

תנו רבנן

רב אשיDamage is different

than Shabbos

Since his force was enough, he did it himself

Since it was a combination of his force and the wind, he is פטור (in a case of damage)

רבי זיראHe only blew

lightly

If he blew on the flame in a way that would create a fire when combined with the wind, he is חייב

If he only breathed on the fire, he did not really contribute at all

רבאAbnormal

wind

If he fanned with enough force that together with a normal wind it would create a fire, he is חייב

Since what he did was not enough to create a fire with a normal wind, he is when an abnormal gust creates it פטור

אבייOpposite directions

If he fanned strong enough to create the fire, we assume it was because of him and not the wind

Since what he did could not have created the fire alone, it must have been the wind blowing in the opposite direction, he did not really contribute at all

Name of Amora

If there was enough force in what the person did to set the fire ablaze, he is חייב

If there was not enough force in what he did to set the fire ablaze without the wind, he is פטור

Statement of the Braisa

Gemara Notes p. 45דף ס עמוד א