The Metzgers lived on the corner of a fairly busy street. They decided to build a nice picket fence around their property to provide privacy. The fence was built adjacent to the sidewalk, but pulled an inch inside the property line to be on the safe side. Over the years, a nail became loose, and started to jut out of the fence.

On Shabbos morning, Noach Simon strutted to shul for his bar mitzvah, wearing a brand new suit. The family walked in a throng to shul. As they turned the corner, Noach squeezed by, brushing up against the fence.

Noach felt a tug, and then heard a rip! His jacket had caught on the nail, and the beautiful suit developed a large tear!

“Oy, vey! You can’t go to shul like this,” Mr. Simon said. “What a shame! Run home and change into another suit.” Noach ran home and put on his old suit.

After Shabbos, Mr. Simon contacted Mr. Metzger. “We were walking by your property this morning,” he said. “My son Noach was wearing a brand-new suit for his bar mitzvah and brushed up against your fence. A nail jutted out and ripped his jacket. We paid $300 for the suit.”

“Mazel tov on the bar mitzvah,” Mr. Metzger wished him. “I’m terribly sorry about the jacket, but I wasn’t aware of the nail sticking out. Anyway, we pulled the fence an inch inside our property, so even if the nail stuck out a little, I’m not liable because it was still within my property and not sticking out over the sidewalk.”

“What!” exclaimed Mr. Simon. “But your nail posed a hazard and caused damage! I think you owe us for the suit.”

“I’m not convinced,” said Mr. Metzger. “Noach should have kept to the sidewalk and not brushed up against the fence. Check it out with Rabbi Dayan!”

“I most definitely will,” said Mr. Simon. “I’ll call him right now!”

Mr. Simon called Rabbi Dayan. “Mr. Metzger’s fence had a nail sticking out,” he related. “My son walked by and the nail caught his suit and tore it. Is Mr. Metzger liable for the suit?”

“A person must be careful that his fence does not jut out into a public domain in a manner that can damage,” replied Rabbi Dayan. “The Mishnah (B.K. 30a) teaches that if a person grew a fence of thorns that stuck out and damaged those passing by, he is liable; it is included in the category of bor (pit).”

“But the nail didn’t jut out over the sidewalk,” objected Mr. Metzger. “It was still inside my property line.”

“In that case the Gemara (ibid.) teaches that the property owner is not liable,” replied Rabbi Dayan. “The reason is that people don’t generally rub up against walls at the very edge of the sidewalk, so that one who deviated is responsible for his own damage (Rashi, B.K. 29b s.v. l’hischakech). Nonetheless, it is morally proper to remove potential dangers even within one’s own property (C.M. 415:1, 3).

“Moreover, even if the nail stuck out over the sidewalk, Mr. Metzger is legally exempt from damage to the suit for two other reasons,” continued Rabbi Dayan. “First, if the fence was made properly and Mr. Metzger did not know about the loose nail, he is not liable until he becomes aware of it (C.M. 410:4, 22).

“Second, we mentioned that the nail sticking out of the fence is included in the category of bor. The Torah limits the liability of bor significantly and excludes damage to inanimate objects, such as clothing” (C.M. 410:21).

“There’s no responsibility whatsoever for damage to clothing?” asked Mr. Simon incredulously.

“There is a dispute among the Acharonim whether there is a chiyuv b’dinei Shamayim (strong moral obligation),” replied Rabbi Dayan. “In practice, it is recommended to pay partially” (see Minchas Shlomo, B.K. 29:4; Pischei Choshen, Nezikin 1:[1]; 9:[53]).

“Nonetheless, if the law of the land requires payment also for damage to inanimate objects,” concluded Rabbi Dayan, “it would have halachic consequence, since this is morally proper also according to Halachah” (see C.M. 259:7; 356:7).