ואי בעית אימא הא והא מבראי ולא קשיא הא דאית ליה דלת הא דלית ליה דלת אי בעית אימא הא והא דאית ליה דלת ולא קשיא הא דאית ליה פותחת הא דלית ליה פותחת אי בעית אימא הא והא דאית ליה פותחת ולא קשיא הא דפותחת דידיה מגואי הא דפותחת דידיה מבראי:
Or if you like I can say that in both cases we suppose the lodge to be outside, and still there is no difficulty, because in the one case there is a door and in the other there is no door.<span class="x" onmousemove="('comment',' If there is a door to the lodge, the poor man cannot go through it, and it prevents him from being heard.
');"><sup>14</sup></span> Or again we may suppose that in both cases there is a door, and still there is no difficulty, because in the one case there is a latch<span class="x" onmousemove="('comment',' By means of which the poor man can open it and enter.
');"><sup>15</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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