Q: I made a campfire in my backyard and completely surrounded it with rocks. A gust of wind blew the flame to some bushes, which caught fire and spread it to a neighbor’s property. What is my liability?

A: A fire that spread out of control is a form of nezek, even though it was spread by an external force - the wind. Similarly, any stationary item hurled by the wind that damages upon impact is included in the category of eish (C.M. 418:1; Pischei Choshen, Nezikin 9:[1]).

If a person lit a fire on his own property and it spread, he is liable unless he maintained sufficient clearance around the fire, depending on weather conditions and the type of fire. However, if he lit the fire in another person’s property without permission, he is liable even if it spread beyond a large clearance (418:2-5).

Some authorities question beis din’s ability to adjudicate cases of eish nowadays. According to most authorities, though, beis din is authorized to do so (see Shach 1:1; Pischei Teshuva 1:2).

Direct arson, igniting something, is not considered eish, but rather adam hamazik (P.C., Nezikin 9:[4]).