ההוא שטרא דיתמי דנפיק עליה תברא אמר רב חמא אגבויי לא מגבינן ליה ומיקרע לא קרעינן ליה אגבויי לא מגבינן ליה דנפק תברא עליה מיקרע לא קרעינן ליה דכי גדלי יתמי דילמא מייתו ראיה ומרעי ליה
against the other, nor the right of 'ladders'<span class="x" onmousemove="('comment',' The right to rest a ladder in the other's courtyard in order to climb to his own room, or even to place the ladder in his own courtyard and let it rest against the other's room (v. Tosaf.).
');"><sup>5</sup></span> against the other, nor the right of a watercourse<span class="x" onmousemove="('comment',' The right to carry water from the river to his own field through the other's; all this notwithstanding the fact that the father was accustomed to do these things.
');"><sup>6</sup></span>
Tosafot on Bava Batra
They collect according to the wealth of each individual: Since there is no life-threatening danger, we do not assess according to wealth. And this is also true in the last chapter of Bava Kamma (116b): A caravan traveling in the desert, and a troop of bandits stood over it, we assess according to wealth, for there is not danger to life since in the troop is attacking only for money. And even though it says in Sanhedrin (72a) that a tunneling thief is judged according to his end. And Rava explains that this is because there is an assumption that a person would not stand by idly while his money is threatened [and therefore, the fact that the homeowner would defend himself will lead the thief to respond with violence...thus a thief coming to steal money is prepared to act violently] even so, we assess [the caravan attacked by bandits] according to wealth, sinc the bandits only want to seize money, and if the caravan does not defend itself, they bandits will not physically harm them. Therefore, this is not considered a situation of danger. But in the case of bandits, if the caravan comes to terms with them, the amount is assessed by wealth. But when people get lost in the wilderness, it says there that the assessment is per capita, since when people get lost, there is danger to life.
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