Who is liable for damage caused by a hazard in the yeshiva
Question
Shalom,
In the yeshiva dormitory there is a sharp projection sticking out into a very narrow and heavily used passageway. This projection has caused several boys’ shirts to tear. The yeshiva director was warned twice to fix it, and he did not do so. Is he, or is the yeshiva, obligated to pay for the torn shirts?
Answer
Shalom u’vracha,
He is exempt from payment, since for damage in the category of a “bor” (a pit), one is not liable for damage to vessels (such as clothing).
Source
See siman “Tav”, se’if 21. However, for damage caused by a person he is liable (the limitation of “ox and not man” applies only to the death of a person, as explained there in se’if 20).
See also in siman “Tav-Tet-Vav” regarding a shaky wall and tree that caused damage, that the beit din warns him, and if it caused damage within the time they gave him he is exempt, but if after the time he is liable (and it is explained there that they grant time only if this is feasible, but if the object causes immediate damage they do not grant time, and in our case it is therefore like after the time). However, the Netivot in siman “Shin-Zayin”, se’if katan 1, writes that warning is only by a beit din, and warning by a private individual is not considered a halachic warning and does not itself create liability.
