Yerushalmi Bava Kamma 3:8 ירושלמי בבא קמא ג׳:ח׳

MISHNAH: If somebody split [wood] in a private domain¹¹⁰A legitimate act which requires precautions to be taken because it is intrinsically dangerous. and caused damage in the public domain, in the public domain¹¹¹An illegitimate act. and caused damage in a private domain, in a private domain and caused damage in another private domain, he is liable.

HALAKHAH: “If somebody split [wood] in a private domain,” etc. ¹¹²The entire paragraph is copied in Makkot 2:4. The text bracketed here is an addition by the corrector, probably from Makkot, recognizable by his standard Babli spelling. The same topic is discussed in the Babli, 32b/33a. Rebbi Yose ben Ḥanina said, if he was splitting wood in his courtyard when a worker entered to claim¹¹³In Makkot: “To collect”. In any case, the person entering did not trespass. his wages, and a splinter ricocheted and damaged him, he is liable. If he died he does not go into exile¹¹⁴The responsibility of the person splitting wood in his own backyard is in civil, not in criminal law. The text in Makkot adds: “Because it is not as in a forest,” referring to Deut. 19:5 which describes the circumstances under which the homicide has to dwell in a city of refuge. The Babli, 33a, quotes the end of the same verse, describing how the blade of an ax “finds his neighbor and he dies”, to exclude one who walks into the path of danger (cf. Sifry Deut. 183).. But did not Rebbi Ḥiyya state, “he is not liable”? They do not disagree. What Rebbi Yose said, if he had seen him, but what Rebbi Ḥiyya said, if he had not seen him. If he had not seen him, once he said to him: enter, {should he not be liable? But did not Rebbi Ḥiyya state, “he is not liable”? Since he told him: enter, he has to take precautions¹¹⁵In Tosephta 6:27 it is stated explicitly that the worker, who has the right to go and collect his wages, enters on his own responsibility unless invited in, at which moment the responsibility shifts to his employer.. Some want to say, since he told him to enter it} becomes like the courtyard of partners, about which Rebbi Joḥanan said in the name of Rebbi Yannai¹¹⁶Nedarim 5:1, Notes 22–23: Partners acquire from one another in a courtyard and are mutually liable for damages. But did not Rav say: If he filled the entire public domain^6,Babli 27b. If one does not stop traffic, one is permitted to put down his load in the public domain.¹⁰⁴The Mishnah only applies to a narrow path; on a wide road the second person is required not to walk directly behind the one carrying a dangerous load.? And did this fill the entire public domain? They said, since he¹¹⁷The worker, looking for his employer to collect his wages. walks in the entire courtyard, it is as if he had filled the entire courtyard.