Varieties Although Bor literally means a pit, its laws apply to all
stationary elements that cause damage to a moving entity. For
example a person who poured water in a public domain, causing
someone to slip, would be liable under the laws of Bor.[1] The pit
can be in any form or shape.[1] Liability Generally the owner of
the pit is liable for its damages. If a person digs a pit in the
public domain, then he is considered its owner since he was the one
created that damaging element.[1] Similarly if a person uncovers a
properly closed existing pit, then the liability of damages falls
upon him, rather then the pit's owner.[2] When a person purchases a
pit or receives one as a gift, he becomes responsible for it.[4]
Should a pit be formed on an individual's property, naturally or by
an animal's, the responsibility to fill it falls upon him, and its
damage liability.[4] If a someone was informed that pit was dug on
his property by another person, it is his responsibility to cover
it and damage liability falls upon him.[4] If someone sends a
messenger to dig a pit, the messenger is liable and the sender is
not.[8] Required Depth If a pit is less then 10 tifachim deep, he
is liable for its damages but if a creature falls in and dies he
does not have to pay since it was not deep enough to kill.[10] In a
scenario where a pit is only nine tefachim deep, but the ninth
tefach is filled with water, the pit's owner is liable even for
fatalities. This is because a tefach of water possesses the same
damaging potential as two tefachim of space.[11] If an animal
felling a pit was only 8 tifachim deep with the lower two filled
with water, or 7 tifachim deep with the lower three filled with
water and died, the owner is not liable, yet if the plaintiff
seizes assets on his own, he is able to keep them.[12] If a person
dug a pit on his own personal property then in many cases he is not
liable for its damages, however if the opening of the pit is
located in the public domain or on another person's property, even
if the main body of the pit is located in his own property, he is
liable for its damages.[6] Digging Permissible Pits -If a person
digs a pit with approval in a public area for the benefit of the
community, his responsibility for it ceases once he transfers the
cover to public representatives or informs the Beis Din about his
intention to disengage himself from responsibility, requesting them
to cover the pit.[7] - If a person dug a pit near the public domain
in order to strengthen the foundations of a structure he is
building, even if part of the opening extends into the public
domain, he is not liable for the damages since the pit is temporary
and he had the right to dig it.[9] When a person relinquishes
ownership of his pit, thereby making it 'Hefker' or ownerless: -If
the rights to the property are abandoned, but not those of the pit,
the person is still liable for its damages, since he remains its
owner. - If the individual relinquishes ownership of both the
property and the pit, he is exempt from liability since, during its
creation, the pit was dug permissibly on his personal property and
now it is 'Hefker', he is no longer its owner. - If only the rights
to the pit are relinquished the person is also free of liability
because, like the previous case, the pit was originally dug
permissibly on his property and now it is 'Hefker', he is no longer
its owner.[6] If a person covered an open pit and then uncovered it
again, liability depends on his method of covering: - If he used a
regular cover, then when he uncovers it; liability reverts back to
the original owner instead of himself. - If he filled it up with
sand and then dug it up again, he is liable since the damaging
element from the initial owner was completely removed.[3] Liability
only applies to human created pits, if someone's animal digs a pit
in the public domain or on another persons property, the owner of
the animal is not liable for its damages.[5]