Bava Metzia, chapter 10, Mishnah 4. From here on, the Mishnah moves away from the laws of the house and the upper story, and brings a series of laws later in the chapter that are not closely related to one another. Nevertheless, the first law is still similar in its case to the previous one.
"Beis habad shebanui basela vegina achas al gabav":
The Mishnah opens with "vechein" (and similarly), since it discusses a similar case: "Beis habad shebanui basela" - an olive press built into a rock. This refers to solid rock, like a stone wall, into which a cave was hewn, and inside it an olive press was established, meaning an installation for pressing olives. Above the cave a layer of soil remained, and there another person made a garden: "vegina achas al gabav" - and one garden on top of it.
"Venifchas" - and it caved in. The ceiling of the cave collapsed inward, and the garden above it can no longer be used, since a hole of at least four tefachim opened up in it. The law is that the owner of the garden goes down and sows below, "ad sheyaaseh leveis bado kipin" - until he makes arches for his olive press. He has permission to go down to the cave and make a garden there, assuming that certain crops will grow there, and to use the place for all his needs, until the owner of the olive press repairs the ceiling.
The obligation to repair falls entirely upon the owner of the olive press, for without a ceiling he cannot operate the olive press at all, and this was the mutual expectation when they entered into the arrangement. Therefore, if he is not willing to repair it, the owner of the garden is allowed to go down and use the space below. Even the benefit of the repair is his: so that the rains will not fall on the olive processing and ruin the olive oil. And the meaning of the word "kipin" is a vaulted roof, as this was the method of construction for a cave ceiling.
A wall and a tree that fell into the public domain:
From here the Mishnah begins a new topic: a person who had a wall or a tree adjacent to the public domain, and they fell into it, and he had no sign from which he could have deduced that they were about to fall, until after they actually fell. Since it was not in his power to do anything, this is a case of unavoidable accident (oness): he was neither negligent nor careless, and therefore he is exempt from the damage caused by the fall.
It is understood that an obligation is cast upon him to immediately bring his property back into his domain, and he is not permitted to leave the wall or the tree in the public domain. If he does so, he is like one who makes a pit in the public domain and will be liable. But until that time, since he was not negligent and did not fail in his duty, he is exempt.
And as the language of the Mishnah states: "Kosel ve'ilan shenafelu lirshus harabim vehiziku - patur milshalem" - A wall and a tree that fell into the public domain and caused damage, he is exempt from paying. If they fell due to an earthquake, a storm, or the like, and caused damage, the owners are exempt from payment. This exemption includes both damage to property, such as if the wall fell on another's assets, and bodily injury, such as if a person was struck by the fallen wall and sprained his ankle, provided that the incident occurred immediately after the fall, before the owners had a reasonable amount of time to come and clear away the rubble.
"Nasnu lo zeman lakutz es ha'ilan velistor es hakosel" - If they gave him time to cut down the tree or to demolish the wall. The court warned him and set a time frame for him: he must cut down his tree or demolish his wall, lest they fall. The usual time frame is thirty days, but whatever framework they set for him, whether thirty days, a week, or a year, the assumption is that within this time frame the matter is not actually dangerous, but rather it is proper for him to correct the situation so that it will not become a danger in the future. For if it were an immediate danger, they would not have given him thirty days, but would have instructed him to cut down the tree immediately, because it is an existing and present danger.
Thus, he was given a window of opportunity to correct the situation, and regarding this the Mishnah distinguishes:
"Venaflu besoch hazeman" - if they fell within the time, he is exempt, for he has not yet violated the court's instruction, and he rightly assumed that the wall or the tree were not dangerous during those thirty days.
"Le'achar zeman" - if they fell after the time, he is liable. Once the deadline has passed he is negligent, as he failed to clear it away, and therefore he is responsible for any injury or damage that will be caused by the fall of the tree or the wall into the public domain, since the court had already instructed him to clear them away by that deadline.
Classification of the Damage:
Fire: The wall fell on a person and fractured his skull, or fell on his pot and shattered it - this is damage defined as Fire, since his property, namely the wall, combines with another force: gravity, the wind, and the like.
Pit: The wall is already lying in the street, and an animal comes and twists its ankle on it - this is considered a Pit, since it involves an inanimate object resting in its place.
Since he was negligent and failed to clear or repair the wall after the court allocated him a set time to do so, he can no longer even declare it ownerless. He cannot say: I hereby declare this ownerless, and anyone who wants the bricks of the wall may come and take them. Once he has been negligent, he can no longer abandon the matter and absolve himself of it. Rather, he remains responsible in all cases, and he will have to pay for any damage caused, even if he tries to declare the wood or the bricks ownerless, as the case may be.