The Feiners were cozy in their house. They watched the snow fall; it blanketed the ground and trees with a thick layer of white.
“Isn’t the snow pretty?” Sruli said to his mother.
“Yes, it’s beautiful,” replied Mrs. Feiner.
“Look at that tree over there,” said Sruli, pointing to one of their large, older trees. “It’s full of snow. The branches are bending under the weight of the snow.”
While they admired the snow-coated trees, they suddenly heard a loud crack. One of the branches broke off and fell!
Mrs. Feiner immediately called her husband. “A large branch just fell off a tree,” she exclaimed. “Please check that everything is OK.”
Mr. Feiner put on his coat and ran outside. He saw that the branch had fallen on a bike that one of the neighbors had left out on the street.
Mr. Feiner came inside. “Thank G-d, no one was injured,” he said to his wife. “However, it smashed our neighbor’s bike.”
“You need to move the branch,” Mrs. Feiner said to his wife. “Someone can get hurt by it.”
“It’s cold now,” said Mr. Feiner. “I’ll move the branch tomorrow and cut it into pieces, so we’ll have wood for our fireplace.”
During the evening, someone was riding a bike and crashed into the branch. He wasn’t injured, but that bike also was ruined.
“What’s the story with these bikes that were ruined by our tree?” Mrs. Feiner asked her husband.
“I suppose that we are liable for them,” said Mr. Feiner, “but I’ll check.”
Mr. Feiner called Rabbi Dayan and asked:
“Are we liable for the damage of the two bikes?”
“The Mishnah (B.K. 117b) teaches that if a tree fell and caused damage, the owner is exempt,” replied Rabbi Dayan. “However, if the tree was diseased and the owner was instructed to cut it down, but he tarried more than 30 days, he is liable”
Rabbi Meir Orlian
Writer for the Business Halacha Institute
Halachic Analysis
“This applies whether the tree damaged while falling or afterwards, before it was removed. However, even when the tree was healthy, if the owner intended to keep the wood but delayed in removing it, Tur and Rema rule that he is liable as bor —pit, obstacle. It is questionable whether Rambam agrees with this (Gra 416:1; Aruch Hashulchan 416:6-9).
“Nonetheless, bor is liable only for animals or people that were injured by it; bor is exempt from damage to inanimate objects. Thus, even if the owner intended to keep the wood, he would not be halachically liable for subsequent damage to inanimate objects (C.M. 410:21).
“Thus, in our case, you are clearly exempt from the damage to the first bike, because the tree wasn’t condemned.
“Moreover, even if the tree was condemned, it seems that you would be halachically exempt because the bike is an inanimate object.
“A person who left his items on the roof and they were blown down by a normal wind is liable for damage they do while falling as a subset of aish — fire, which is characterized by damage done through an additional force, the wind (B.K. 3b; C.M. 418:1).
“Nonetheless, several Rishonim, cited by Sma, indicate that even a diseased tree that damaged while falling is categorized as bor, not aish, because it fell naturally, not due to an external force. Although some Acharonim question this and consider it aish, according to the simple understanding of the Rishonim that it is bor, you are exempt from damage to inanimate objects (see Tosfos and Rashba B.K. 6b; Rosh B.K. 1:1; Sma 416:2; Pischei Choshen 8:[57,59]).
“The damage to the second bike, after the branch fell, is clearly a case of bor, so that you are again exempt, even though you planned to keep the wood and delayed in removing it.
“Nonetheless, you should do your civil service and remove potential damage; state law might consider you liable,” concluded Rabbi Dayan. “Some Acharonim further indicate that there is an obligation latzies yedei Shamayim for damage of bor to inanimate objects, but Chazon Ish rules otherwise” (Pischei Choshen, Nezikin 1:[1]; 7:9]; 9:[53]).
Verdict
A person is not liable for damage of a healthy tree that falls. However, if he wants to keep the wood and delayed in clearing it away, he is subsequently liable as bor, i.e., for injury to people or animals, but not to inanimate objects.
Based on writings of Harav Chaim Kohn, shlita
