This is an argument between Tosphot and the Rambam. The idea is there is a cause of damage that is sufficient in itself to cause the damage. But another person adds to it. Is he also obligated. This is like a case of fire that is burning hot enough to destroy a stack of hay but someone throws an extra stick in. Is he also obligated for his addition?

If you have a pit in a public domain that is ten hand breaths deep and someone adds to it another hand-breath is that obligated for damages? This is an argument between Tosphot and the Rambam.

[See the Rosh in Bava Kama, chapter 2. And the Shiltai HaGiborim on the Rif].

It seems to me that this might depend on the argument between the Sages and R. Natan in Bava Kama 53. Over there we have acase an ox pushed another ox into a pit. the sages say the owner of the ox is obligated not the owner of the pit. R. Natan said in the case of an ox that never gored before the owner of the ox is required a 1/4 and the owner of the pit is obligated in1/2. In the case of an ox that has already gored two times before each pays 1/2. It seems to me that the Rambam here is going like the sages.

The idea is there is a cause of damage that is sufficient in itself to cause the damage. But another person adds to it. Is he also obligated. This is like a case of fire that is burning hot enough to destroy a stack of hay but someone throws an extra stick in. Is he also obligated for his addition?



[There is an argument between Tosphot and Rashi about what the sages actually hold --but I simply have not had a chance to take a good look at their argument yet. As I mentioned my life has been total chaos for a over a year.]