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    THE HALACHIC LESSONS OF A RAGING FIRE

    As wildfires rage

    across Los Ange-
    les, leaving de-
    struction in their

    wake, the raw

    power and unpre-
    dictability of fire come to the forefront of

    our minds. Fire, while a source of life and
    warmth has the potential to become a
    devastating force when it escapes control.
    This dual nature of fire—both beneficial
    and destructive—has long been a focus of
    halachic analysis.
    As we’ll see, the obligation for the damages
    caused by fire lies upon the arsonist, as well
    as the office of the LA governor, which
    failed to make sure that measures were in
    place to prevent and control the fire.
    The Torah’s treatment of fire emphasizes
    the responsibility of individuals to ensure
    that their actions, even when seemingly
    minor, do not lead to catastrophic harm.
    Beyond its physical impact, fire serves as a
    poignant metaphor for human
    accountability: when kindled carelessly,
    even the smallest spark can spiral into a

    blaze of damage.
    In halachic discussions, esh (fire) is
    categorized as one of the primary forms of
    mazik. The unique nature of esh lies in its
    ability to spread and cause harm through
    an external force, such as wind, while
    originating from human action. The Torah
    establishes liability for damages caused by
    fire, as seen in the pasuk, “When a fire goes
    out and finds thorns, consuming stacked
    grain… the one who kindled the fire shall
    make restitution” (Shemot 22:5). This
    reflects the general principle that a person
    bears responsibility for controlling their
    fire and preventing it from causing harm.
    The Gemara explains that the chidush
    (novelty) in obligating the arsonist is that
    fire does not have the ability to spread on
    its own; rather, it requires a medium, such
    as wind. One might think that merely
    lighting a match in my house, which then
    spreads to a neighbor’s house due to the
    wind, would be beyond my responsibility.
    However, the Gemara teaches that the
    individual is still held accountable.
    A significant debate regarding the nature

    of liability for esh occurs between Rabbi
    Yochanan and Reish Lakish (Baba Kama
    22a).
    Rabbi Yochanan views esh as an
    extension of the person who kindled
    it, based on the concept of kocho
    (one’s force). According to this
    perspective, the damage caused by
    fire is directly attributed to the
    individual, as though the fire acts as
    their agent. This framework
    emphasizes personal responsibility
    for initiating and managing the fire.
    Reish Lakish, however, understands
    esh through the lens of mammono
    (one’s property). He argues that fire is
    akin to one’s possessions, such as an
    animal or object that causes damage.
    The liability stems from the person’s
    failure to properly guard or control
    their “property,” in this case, the fire.
    This machloket has far-reaching
    implications for the halachic parameters of
    liability in cases where fire causes damage
    indirectly or unintentionally. For example,
    according to Rabbi Yochanan, liability
    might extend further due to the personal
    nature of kocho. In contrast, Reish
    Lakish’s view, which ties liability to
    the fire as property, may limit
    responsibility to situations where
    negligence in guarding the “property”
    can be proven.
    In the discussion in the Gemara, Rabbi
    Yochanan appears to agree with Reish
    Lakish that esh (fire) can also be
    considered a liability as one’s property.
    Consequently, Rabbi Yochanan holds
    that there are two distinct reasons to
    obligate the individual: one based on
    their personal act (kocho), and the
    other as their property (mammono).
    The psak halacha in the Shulchan
    Aruch (C.M. siman 418; 17) follows
    Rabbi Yochanan’s view, establishing
    liability for both reasons. This
    conclusion implies that one who sets a
    fire is obligated to pay not only for
    property damage but also for injuries
    caused to individuals.
    When a person (Adam HaMazik)
    causes injury to another, the Torah
    obligates them to compensate the
    victim through five categories of
    payment (Chamisha Dvarim):
    1. Nezek (Damage): Compensation
    for the reduction in the victim’s

    physical ability or value (e.g., loss of
    earning potential).
    2. Tza’ar (Pain): Payment for the
    physical pain endured by the victim,
    even if no financial loss occurred.
    3. Ripui (Medical Expenses):
    Reimbursement for the cost of
    medical treatment required due to the
    injury.
    4. Shevet (Lost Wages): Compensation
    for income lost while the victim is
    unable to work during recovery.
    5. Boshet (Embarrassment): Payment
    for the humiliation caused to the
    victim, evaluated based on the
    circumstances and societal norms.
    These categories reflect the multifaceted
    nature of liability, addressing both tangible
    and intangible harms. They apply to arson
    as well, as arson is viewed as an extension
    of the person’s actions, placing it under the
    category of Adam HaMazik. Thus,
    according to Rabbi Yochanan, the arsonist
    is obligated to pay. However, according to
    Reish Lakish, who holds that liability for
    fire damages is based on mamon haMazik
    (the person’s property that caused the
    damage), only the first category, nezek
    (damage), is applicable.
    Even more severe, if a person dies as a
    result of the fire, the arsonist is considered
    a murderer and is subject to capital
    punishment if the fire was set intentionally.
    Due to the severity of the harm fire can
    cause, the Gemara discusses at length the
    precautions one must take, such as ensuring
    that an oven is placed in a safe and secure
    location to prevent a fire from starting. The
    Aruch HaShulchan (C.M. siman 155; 2)
    further emphasizes that the government
    has an obligation to implement necessary
    measures to prevent fires, making
    government officials accountable if they
    fail to fulfill their responsibilities in this
    regard.