Q: What are grama and garmi?

A: A person is liable for damage that he directly inflicted. However, the Gemara (B.K. 60a) states that one is legally exempt from indirect damage that he caused (grama). On the other hand, many authorities rule that we judge cases of garmi, which also seems to be a form of indirect damage. How do we resolve this seeming contradiction? (See Pischei Choshen, Nezikin 3:2.)

Rambam, cited by the Shulchan Aruch, indicates that these statements do, in fact, disagree, and we obligate for even indirect damage whenever the loss is clear (C.M. 386:1).

Other Rishonim differentiate between degrees of indirectness. Those cases more direct, immediate, or certain are called garmi, and one is liable; those less direct, delayed, or uncertain are called grama, and one is legally exempt (Rama 386:3). Nonetheless, there is a moral obligation to pay for indirect damage when it is committed intentionally (Shach 32:2; P.C., Nezikin 3:39).

Others maintain that, in principle, all indirect damage is exempt. However, our Sages imposed liability as a fine in certain common cases, which are then called “garmi.” Accordingly, we cannot extrapolate to other cases (see Shach 386:1).