Musar for Bava Kamma 59:28

רב אשי אמר

MISHNAH. IF A MAN REMOVES HIS STRAW AND STUBBLE INTO THE PUBLIC GROUND TO BE FORMED INTO MANURE, AND DAMAGE RESULTS TO SOME OTHER PERSON, THERE IS LIABILITY FOR THE DAMAGE, AND WHOEVER SEIZES THEM FIRST ACQUIRES TITLE TO THEM. R. SIMEON B. GAMALIEL SAYS: WHOEVER CREATES ANY NUISANCES ON PUBLIC GROUND CAUSING [SPECIAL] DAMAGE IS LIABLE TO COMPENSATE, THOUGH WHOEVER SEIZES OF THEM FIRST ACQUIRES TITLE TO THEM. IF HE TURNS UP DUNG THAT HAD BEEN LYING ON PUBLIC GROUND, AND DAMAGE [SUBSEQUENTLY] RESULTS TO ANOTHER PERSON, HE IS LIABLE FOR THE DAMAGE. GEMARA. May we say that the Mishnaic ruling24 is not in accordance with R. Judah? For it was taught: R. Judah says: When it is the season of taking out foliage everybody is entitled to take out his foliage into the public ground and heap it up there for the whole period of thirty days so that it may be trodden upon by the feet of men and by the feet of animals; for upon this understanding did Joshua make [Israel]25 inherit the Land. — You may suggest it to be even in accordance with R. Judah, for R. Judah [nevertheless] agrees that where [special] damage resulted, compensation should be made for the damage done. But did we not learn that R. Judah maintains that in the case of a Chanukah candle26 there is exemption on account of it having been placed there with authorization?27 Now, does not this authorization mean the permission of the Beth din?28 — No, it means the sanction of [the performance of] a religious duty29 as [indeed explicitly] taught: R. Judah says: In the case of a Chanukah candle there is exemption on account of the sanction of [the performance of] a religious duty. Come and hear: In all those cases where the authorities permitted nuisances to be created on public ground, if [special] damage results there will be liability to compensate. But R. Judah maintains exemption!30 — R. Nahman said: The Mishnah31 refers to the time when it is not the season to take out foliage and thus it may be in accordance with R. Judah. — R. Ashi further [said]:

Mesilat Yesharim

Our sages, of blessed memory, further said (Bava Kama 30a): "Rabbi Yehuda said: 'he who wishes to become pious, let him fulfill the matters of Berachot (blessings)' (this is for those things between man and his Maker), some say 'let him fulfill the laws of damages' (this is for those things between man and his fellow), and some say 'let him fulfill the matters of Pirkei Avot' (which include matters from all the divisions of piety).

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Shenei Luchot HaBerit

Another allusion to walls being perceived as preventing moral damage is found in 26,28 where G–d is described as dealing with the recalcitrant Jewish people as בחמת קרי. G–d's anger is the result of abuse of the חומה, wall, as we shall see. In all the three instances of the dual spelling of the word לא-לו, we follow the written text first. This means that if the house in question did not have a wall surrounding it לא חומה, it ought to have one, i.e. לו חומה. [It is in the nature of such spelling that the reader first notices the written text before he articulates the word when reading it. The לא therefore is seen first. Ed.] If we were to read the לו before the לא, the meaning would be that we speak about a house which first had a wall, i.e. moral inhibitions, whose moral inhibitions were removed subsequently, i.e. לא חומה. In such an instance the words in the תוכחה describing G–d's reactions as בחמת קרי are applicable. We may then see the removal of the חומה, "wall of moral inhibition," as the catalyst of G–d's anger, חמת קרי. We have three areas in which man's lifestyle is examined by G–d. We have statements by our sages relating to all these three areas. The first area is covered by the Mishnah we have quoted in Avot. The second area is covered by the statement of Rav concerning the absence of food and drink in the Hereafter. The third area is covered by the dispute about the nature of הזיק ראיה discussed in Baba Batra. The sages (Baba Kama 30a) said in very succinct language that if someone wishes to be considered as pious he should observe the various rulings pertaining to the benedictions we are to recite. Other sages say such a person should live up to the moral precepts found in the tractate Avot.

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