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Exodus 22:5 - Who pays for spreading fire?

Exodus 22:5 - שמות 22:5

Hebrew Text

כִּי־תֵצֵא אֵשׁ וּמָצְאָה קֹצִים וְנֶאֱכַל גָּדִישׁ אוֹ הַקָּמָה אוֹ הַשָּׂדֶה שַׁלֵּם יְשַׁלֵּם הַמַּבְעִר אֶת־הַבְּעֵרָה׃

English Translation

If fire break out, and catch in thorns, so that the sheaves, or the standing corn, or the field, be consumed; he that kindled the fire shall surely make restitution.

Transliteration

Ki-tetze esh umatza kotzim vene'ekhal gadish o hakama o hasade shalem yeshalem hamav'ir et-hab'era.

Hebrew Leining Text

כִּֽי־תֵצֵ֨א אֵ֜שׁ וּמָצְאָ֤ה קֹצִים֙ וְנֶאֱכַ֣ל גָּדִ֔ישׁ א֥וֹ הַקָּמָ֖ה א֣וֹ הַשָּׂדֶ֑ה שַׁלֵּ֣ם יְשַׁלֵּ֔ם הַמַּבְעִ֖ר אֶת־הַבְּעֵרָֽה׃ <span class="mam-spi-samekh">{ס}</span>        
כִּֽי־תֵצֵ֨א אֵ֜שׁ וּמָצְאָ֤ה קֹצִים֙ וְנֶאֱכַ֣ל גָּדִ֔ישׁ א֥וֹ הַקָּמָ֖ה א֣וֹ הַשָּׂדֶ֑ה שַׁלֵּ֣ם יְשַׁלֵּ֔ם הַמַּבְעִ֖ר אֶת־הַבְּעֵרָֽה׃ {ס}        

🎵 Listen to leining

Parasha Commentary

Legal Responsibility for Damages (Exodus 22:5)

The verse discusses the halachic principle of financial liability for damages caused by fire. According to Rashi (Exodus 22:5), this law teaches that one who ignites a fire is responsible for any damage it causes, even if the fire spreads beyond the initial area. The Mishnah (Bava Kamma 6:4) elaborates that fire is considered an "unusual force" (koach acher), making the person who started it liable for its consequences.

Types of Damage Covered

  • Thorns (kotzim): Rambam (Hilchot Nizkei Mammon 14:1) explains that even if the fire spreads through thorns (which are easily flammable), the one who ignited it remains liable.
  • Sheaves (gadish) or Standing Grain (hakamah): The Talmud (Bava Kamma 60a) clarifies that liability applies whether the fire consumes stored grain or crops still in the field.
  • Entire Field (hasadeh): The Mechilta emphasizes that full restitution is required, even if the damage is extensive.

Principles of Liability

The Gemara (Bava Kamma 22a) derives from this verse that fire is considered an extension of one's property, making the igniter responsible for its spread. Rambam (Hilchot Nizkei Mammon 14:13) rules that if the fire was lit negligently (e.g., on a windy day), the person is liable even if they did not intend harm. However, if the fire was properly contained and spread due to an unforeseen wind, some opinions in the Talmud suggest reduced liability.

Moral and Ethical Lessons

The Midrash Tanchuma (Mishpatim 15) connects this law to broader ethical teachings: just as one must take responsibility for physical fire, so too must one be cautious with the "fire" of harmful speech or actions that can spread uncontrollably. Sefer HaChinuch (Mitzvah 56) adds that this mitzvah instills awareness of the consequences of negligence and the importance of safeguarding others' property.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 60a
The verse is discussed in the context of liability for damages caused by fire, illustrating the principle that one who starts a fire is responsible for the resulting damage.
📖 Bava Kamma 61b
The verse is referenced to discuss the categories of damages and the responsibilities of the person who caused the fire.

Frequently Asked Questions

Q: What does Exodus 22:5 mean?
A: Exodus 22:5 discusses the laws of damages caused by fire. If someone starts a fire that spreads and destroys another person's property (like crops or fields), the person who started the fire must fully compensate the owner for the loss. This teaches responsibility for one's actions, even if unintended.
Q: Why is this verse about fire damage important in Jewish law?
A: This verse establishes a key principle in Jewish civil law (Halacha) about financial responsibility for damages. The Talmud (Bava Kamma 6a) explains that fire is considered an extension of a person's property, so if it causes harm, the owner is liable. This teaches carefulness and accountability in daily life.
Q: What practical lesson can we learn from Exodus 22:5 today?
A: The verse teaches us to be responsible for our actions and their consequences. Just as one must pay for fire damage they caused, we must be mindful how our behaviors (even unintentional ones) might affect others. The Rambam (Hilchot Nizkei Mammon) applies this to modern cases of negligence.
Q: Does this law apply if the fire was accidental?
A: Yes, according to Rashi and Talmudic interpretation, the person who started the fire is liable even if it was accidental, as long as they were negligent in controlling it. However, if it was completely beyond their control (like an act of God), they might be exempt (Bava Kamma 60a).
Q: How does Jewish law define proper compensation in this case?
A: The phrase 'shalem yeshalem' (shall surely make restitution) means full payment for the actual damage caused. The Mishnah (Bava Kamma 6:4) details how to assess the value of destroyed crops or property. Compensation must be fair and cover the complete loss.