Reference for Bava Kamma 18:12
אלא בשור מותר ובור מגולה דכוותה גבי אש שלהבת מה שאין כן באש דפטור והא אמר ריש לקיש משמיה דחזקיה לא שנו אלא שמסר לו גחלת וליבה אבל שלהבת חייב מ"ט דהא ברי הזיקא
THE PROPERTY SHOULD BE OWNED. THE PLACE [OF THE DAMAGE] IS IMMATERIAL, WITH THE EXCEPTION OF PREMISES OWNED BY THE DEFENDANT OR PREMISES OWNED [JOINTLY] BY THE PLAINTIFF AND THE DEFENDANT. WHENEVER DAMAGE HAS OCCURRED, THE OFFENDER IS LIABLE TO INDEMNIFY WITH THE BEST OF HIS ESTATE.
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Tosafot on Bava Kamma
And when [he] causes damage, the damager is liable. These words appear twice in the Mishnayos of our Perek. Once in the very first Mishna on 2a and a second time in the Mishna on 9b. Tosafot wants to clarify which Mishna we are referring to when the Gemara says that these words כשהזיק חב המזיק comes to include regel or keren.
When the Gemara says that comes to include regel or keren the Gemara does not mean the first that appears in the Mishna on 2a. Rather, the Gemara is referring to the other mentioned on 9b. It is from that Mishna that regel or keren is included.1Rashi on 9b explains that the first is used to teach us other forms of damaging as mentioned in the Gemara on 6a. It is only the second of 9b that is available to teach us keren or regel.
When the Gemara says that comes to include regel or keren the Gemara does not mean the first that appears in the Mishna on 2a. Rather, the Gemara is referring to the other mentioned on 9b. It is from that Mishna that regel or keren is included.1Rashi on 9b explains that the first is used to teach us other forms of damaging as mentioned in the Gemara on 6a. It is only the second of 9b that is available to teach us keren or regel.
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