After the destruction of the Second Temple in Jerusalem in 70 CE, the ancient rabbis sought to codify Jewish practice and tradition in a new cultural reality. The Mishnah is the first body of Jewish texts produced by the rabbis to interpret and present the teachings of the Bible in this way. As such, they introduced a new genre of literature organized by topical volumes in order to make the practice of Judaism more accessible, and as the Torah sets out to create a complete society, the Mishnah also includes laws that we would now not consider "religious" but "civil." Baba Kamma (literally, "The First Gate") is the volume of the Mishnah that deals with injury, liability, and damage. This text deals with liability from fire damage:
אֶחָד הֵבִיא אֶת הָאוּר, וְאֶחָד הֵבִיא אֶת הָעֵצִים, הַמֵּבִיא אֶת הָעֵצִים חַיָּב. אֶחָד הֵבִיא אֶת הָעֵצִים, וְאֶחָד הֵבִיא אֶת הָאוּר, הַמֵּבִיא אֶת הָאוּר חַיָּב. בָּא אַחֵר וְלִבָּה, הַמְּלַבֶּה חַיָּב. לִבְּתָה הָרוּחַ, כֻּלָּן פְּטוּרִין.
If one person brought the fire, and one other person subsequently brought the wood, causing the fire to spread, the one who brought the wood is liable for any damage caused.
Conversely, if one person first brought the wood, and subsequently one other person brought the fire, the one who brought the fire is liable, since it was he who actually kindled the wood.
If another came and fanned the flame, and as a result the fire spread and caused damage, the one who fanned it is liable, since he is the proximate cause of the damage.
If the wind fanned the flames, all the people involved are exempt, since none of them actually caused the damage.
The text identifies four factors that contribute to a fire: flame, wood, "fanning," wind.
Questions for reflection:
- What are the differences and similarities among these four factors?
- How is liability for a fire determined?
- We know from living in the Northwest and dealing with "fire season" that the issue of wildfires is very real. If you read this text as a paradigm rather than an actual case, what might these four factors represent?
- How can this text be applied to societal issues that we face today?
- How can this text be applied to our own personal struggles?
For added meaning on the idea of "fanning the flames," we can look at a commentary on this Mishnah passage from Rabbi Ovadia ben Avraham of Bartenura, who was a 15th-century Italian rabbi known for his popular and comprehensive commentary on the Mishnah:
ובא אחר וליבה. נפח באש והעלה שלהבת, כמו בלבת אש. (שמות ג׳) ואית ספרים דגרסי נבה, מגזרת ניב שפתים (ישעיה נ״ז). כשאדם מדבר מנענע בשפתיו ורוח יוצא:
בא אחר וליבה – he blew (liba) on the fire and it rose into a large flame like it says in Exodus 3:2: “An angel of God appeared to him in a blazing (b'labat) fire.”(Exodus 3:2)
And there are those who have the reading from the decree in Isaiah 57:19: “heartening comforting (niv) words: it shall be well, well with the far and the near – said God-and I will heal them.” Meaning, when a person speaks and moves his lips, and wind escapes.
Here he is commenting on the third clause of the Mishnah above, describing what is meant by "another came and fanned." The word for "fanned" in the Hebrew is liba. Here he offers two etymologies of the word based on its similarity to two other words, one found in the description of Moses meeting God at the burning bush in Exodus, and one found in the prophesy of Isaiah, which we read on Yom Kippur morning. The words are highlighted in red above, the two verses on their own are below:
וַ֠יֵּרָ֠א מַלְאַ֨ךְ יְהֹוָ֥ה אֵלָ֛יו בְּלַבַּת־אֵ֖שׁ מִתּ֣וֹךְ הַסְּנֶ֑ה וַיַּ֗רְא וְהִנֵּ֤ה הַסְּנֶה֙ בֹּעֵ֣ר בָּאֵ֔שׁ וְהַסְּנֶ֖ה אֵינֶ֥נּוּ אֻכָּֽל׃
A messenger of יהוה appeared to him in a blazing fire out of a bush. He gazed, and there was a bush all aflame, yet the bush was not consumed.
(יח) דְּרָכָ֥יו רָאִ֖יתִי וְאֶרְפָּאֵ֑הוּ וְאַנְחֵ֕הוּ וַאֲשַׁלֵּ֧ם נִחֻמִ֛ים ל֖וֹ וְלַאֲבֵלָֽיו׃ (יט) בּוֹרֵ֖א נִ֣יב שְׂפָתָ֑יִם שָׁל֨וֹם ׀ שָׁל֜וֹם לָרָח֧וֹק וְלַקָּר֛וֹב אָמַ֥ר יְהֹוָ֖ה וּרְפָאתִֽיו׃
(18) I note how they fare and will heal them: I will guide them and mete out solace to them, and to the mourners among them (19) I create comforting words: It shall be well, well with the far and the near—said GOD —and I will heal them.
Questions for consideration:
- What is the difference between the two etymologies presented by Bartenura?
- How do you understand "fanning the flames"?
- How might the connection with Exodus, where the meaning of the related word is a sign of the divine, add to the understanding of the Mishnah?
- How might the connection with Isaiah, where the meaning of the related word evokes soothing and comfort, add to the understanding of the Mishnah?
Taking it all together, we can ask:
In situations with many contributing factors, how do we do teshuvah?