Q: I left some nails from a wood project on the sidewalk. They punctured the tires of a boy riding by on his bicycle. Am I liable for the tires?

A: Damage inflicted by any stationary obstacle, such as a nail, is included in the category of bor (pit). Whether the obstacle was placed there intentionally or through negligence, the person who created the obstacle remains liable, even if he disowned the obstacle and declared it hefker (C.M. 410:1; SM”A 412:9).

However, the Torah limits the legal liability of bor significantly, excluding damage to inanimate objects. There is legal liability only for injury or death of an animal or for permanent disability (nezek) to a person who was injured. Thus, there is no legal liability for the tires (C.M. 410:19-21; Aruch Hashulchan 410:26; Pischei Choshen, Nezikin, 7:[8]).

Nonetheless, the Gemara (B.K. 29a; 56a) indicates that the perpetrator is chayav b’dinei Shamayim for inanimate objects if he intended to damage. If he did not intend to damage, Rav S. Z. Auerbach, zt”l, maintains that there is no moral obligation (Minchas Shlomo, B.K. 29:4); the Chazon Ish remains doubtful; and Birkas Shmuel assumes that there is a chiyuv b’dinei Shamayim (P.C., Nezikin 1:[1]; 9:[53]).