A&B are partners in a house.A lives on bottom floor ,B lives on the top floor.
When it rains,water enters B's house (say through the window) and seeps through the B's floor, thereby water entering A's house .who is responsible?
Ans: B is NOT responsible.(see last responsa of Rivash)He is not obligated to protect A from his own sewage water that drips down to A,let alone rain water .However,if the roof needs to be REPAIRED it is his obligation.Now this needs explanation.I would suggest if a part of the roof (or standard additions thereof) is BROKEN --obvious to the naked eye---B must correct it,other wise B is not responsible.
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תגובות לפרסום (Atom)
look responsa rashba quoted in beis yosef simen 153 that stays that b is responsible for the damage done, because its considered as his moomen that damaged someone...
השבמחקi assume the rasba refers to a case where he WANTS the collected water for his personal use
השבמחקתגובה זו הוסרה על ידי המחבר.
השבמחק