בס"ד
This section of the Gemara deals with issues concerning setting fire to a stack of grain. The language of the Mishna, under which this discussion occurs, is general and does not take much of a position. It simply states that if a person sets fire to a stack of wheat and articles have been placed within it, Rabbi Yehuda says that they must be paid for and the sages say that payment is not required. The fact situation is difficult particularly to the non-agrarian mind. Why would somebody do something like this and how can we visualize it in our minds and relate to it? The Mishna later on implies that such a thing would be unusual, but nevertheless it did occur.
Much of this is a variant of the prohibition against theft as enumerated in the Ten Commandments. The Chumash demands that a person who lit a fire which gets out of control and burns a bundle of grain owned by another, must make restitution, (Exodus 22:5). The Chumash, though, does not elaborate on secondary or unexpected damages, rather it leaves it man to decide how to handle those situations.
An opinion is brought (Rav Kahana) that one who kindled a fire on his own premises and the fire spread and consumed a stack on another’s property, which had articles inside of it; the sages would not demand restitution for the articles but Rabbi Yehuda would. But, in a case of one who kindles a fire on another’s premises, all agree that he must pay compensation for everything that is contained within the stack. It comes out that for a malicious act, the law is stern. With an accident there is room for leniency.
In another case if one received permission to stack wheat in the field of another and he stacked barley; or conversely, if he received permission to stack barley and he stacked wheat; or similarly, if he stacked wheat and covered the stack with barley, or stacked barley and covered the stack with wheat, in all these cases, Everyone including Rabbi Yehuda agree that he pays compensation for the barley alone, which is less than the value of wheat. It comes out that if a person is being surreptitious or cunning and suffers a loss, the claim is evaluated using a method that will yield the lowest result.
In the Chumash Ya’akov is described as a תָּם, which is often often understood as honest or innocent. He says what’s on his mind. He’s not skillful at deception and does not scheme. Such a person is likely to be kind and not likely to be cruel. This is the type of person the Gemara is trying to develop. One who does not have a lot of clever tricks, tries to act in a responsible way, and has no interest in harming others.
לע"נ
