- Question: If a person threw a glass vase off a roof and it was heading straight for a cushion which would save it from breaking but someone removed the cushion before it landed causing the vase break, why isn’t the guy who removed the cushion liable for opening a pit to break the vase?
- The Steipler zt”l asked this question on the gemara in Bava Kama 26b in his Kehilos Yaakov 2:2 and brings the answer of Rav Avrohom Yaffin that he did create a pit but the Torah says one who creates a pit is not liable for damaged vessels.
- Rashi on the gemara there says no one is liable because it was an indirect damage.
- Creating or opening a pit doesn’t only apply to making a hole in the ground but creating or uncovering any stumbling block where someone or something like an animal can get hurt.
- Rav Shainberg zt”l answers that this is not even considered opening a pit, why not?
Answer: One did not create or uncover a newly established stumbling block by removing the cushion, the ground is ground which G-D himself created, it is just that the force of gravity can cause the vase to break if it hits the ground, that is considered an indirect damage.