Bava Kama page 29a. The argument between the Maharsha and almost all other achronim about the approach of Tosphot in Bava Kama page 29

Bava Kama page 29a. Abaye said R. Meir and R. Judah disagree about two things. At the time of tripping, R. Meir holds tripping is by negligence, and R. Judah holds it is by accident. After the fall, R. Meir holds abandoning the object does not absolve him from liability, and R. Judah holds it does. But what if he abandons the object in the middle of a fall? Even if tripping is by negligence, what if there is case of a fall by accident like a strong wind (that is unexpected and it blows things off the roof that damaage things on the ground)? Or --what if there is a fall by accident, and he does not abandon the object? It seems to me that one might have thought it could be in a case where the fall was by accident, and yet he did not abandon his property. Also, one might have thought it would be in a case of a fall by negligence, and yet he abandoned the property immediately. But I saw the Beit Yoseph [in Shulchan Aruch, Choshen Mishpat chapter 412, law 4, and in the note of the Gra, note 8.] that neither of these are possible. {Not like the Maharsha}. So, I think the argument is that since to R. Meir, tripping is by negligence, then even abandoning the property after the fall does not release him from obligation to pay for damages. But to R. Judah since the tripping is by accident, then abandoning the property after the fall would not be liable. Also, I realized that to R. Meir even a case of a fall that was by accident e.g. a unusual wind came and knocked the things down, and then he abandoned the things, he still would be liable until he removes the objects from the public domain. I might mention here that this train of thought came to me after I looked at the Tiferet Shmuel [printed in the back of the Gemara], and he says that to R. Judah to abandon the object that is falling by negligence would not absolve him from responsibility. After that, I saw this stated openly in the Shulchan Aruch and the Gra on that halacha. I then thought: perhaps the argument is when the fall was by accident, and yet he did not abandon the object? but the Shulchan Aruch (there also) says he is liable. (That means that R. Judah holds he is liable since the law is like R. Judah. So, I though perhaps the disagreement is in a case where even R. Meir agrees it is a fall by accident (like a strong unusual wind), and he did not abandon the object, but then I saw there too the Shulchan Aruch says he is liable. So, the only place an argument is possible is after a fall by accident, and he did abandon the object. R. Meir says he still is liable to remove it even though he abandoned it, and R Judah says there he is not liable since you have both that the fall was by accident and he did abandon the object. ---------------------------------------------------------------------בבא קמא page 29. אביי said ר’ מאיר and ר’ יהודה disagree about two things. At the time of tripping, ר’ מאיר holds נתקל פושע, and ר’ יהודה holds it is by אונס. After the fall, ר’ מאיר holds מפקיר the object does not absolve him from liability, and ר’ יהודה holds it does. But what is he מיאש the object in the middle of a fall? Even if נתקל פושע, what if there is case of a fall by אונס like a strong wind. Or what if there is a fall by אונס and he does not מיאש the object? It seems to me that one might have thought it could be in a case where the fall was by אונס, and yet he did not מפקירhis property. Also, one might have thought it would be in a case of a fall by negligence and yet he הפקיר the property immediately. But I saw the בית יוסף [in שלחן ערוך, חושן משפט תי''ב, law ד', and in the note of the גר''א note ח'.] that neither of these are possible. So, I think the argument is that since to ר’ מאיר ,נתקל פושע then even מפקיר נזקיו after the fall does not release him from obligation to pay for damages. But to ר' יהודה since the tripping is by ,אונס then מפקיר נזקיו after the fall would not be חייב. Also I realized that to ר’ מאיר even a case of a fall that was by אונס e.g. a unusual wind came and knocked things מן הגג down, and then he abandoned the things, he still would be liable until he removes the objects from the רשות הרים I might mention here that this train of thought came to me after I looked at the תפארת שמואל [printed in the back of the גמרא ] and he says that to ר’ יהודה to abandon the object that is falling by negligence would not absolve him from responsibility. After that I saw this stated openly in the שלחן ערוךand the Gra on that דין. I then thought perhaps the argument is when the fall was by אונס and yet he did not abandon the object, but the שלחן ערוך(there also) says he is liable. (That means that R. Judah holds he is liable since the law is like R. Judah. So, I though perhaps the מחלוקת is in a case where even ר’ מאיר agrees it is a fall by אונס like a strong unusual wind and he did not abandon the object by then I saw there too the שלחן ערוךsays he is liable. So, the only place an argument is possible is after a fall by אונס and he did abandon the object. ר’ מאיר says he still is liable to remove it even though he הפקיר it and ר’ יהודה says there is not liable since you have both that the fall was by אונס and he did abandon the object.