פירוש על בבא קמא 12:4
Tosafot on Bava Kamma
A wall or a tree that fell into the public domain and caused damage, [the owner is] exempt from paying. This is our text: A wall and a tree that fell into the public domain and damaged, the owner is exempt from paying.
And so too, is it written in the books of Rashi and in the book of Rav Alfas, and this is accurate. Since we see that even after they are notified to chop down the tree or dismantle the wall by a specific time they are exempt until the time passes, then certainly before they were ever notified they are exempt.
However, those books where it is written: the owner is liable to pay before he was notified to cut down the tree and dismantle the wall, are not understandable. For if even before the owner was notified to chop down the tree or dismantle the wall he is liable, it is not likely to be lenient with him, to exempt him, when they notify him to cut down the tree or dismantle the wall. Logic dictates that there is greater reason to hold him liable after he was notified than before he was notified.
And so too, is it written in the books of Rashi and in the book of Rav Alfas, and this is accurate. Since we see that even after they are notified to chop down the tree or dismantle the wall by a specific time they are exempt until the time passes, then certainly before they were ever notified they are exempt.
However, those books where it is written: the owner is liable to pay before he was notified to cut down the tree and dismantle the wall, are not understandable. For if even before the owner was notified to chop down the tree or dismantle the wall he is liable, it is not likely to be lenient with him, to exempt him, when they notify him to cut down the tree or dismantle the wall. Logic dictates that there is greater reason to hold him liable after he was notified than before he was notified.
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