One of my students asked me this question, and I’m having a hard time finding a definitive answer. In a case where someone digs a pit that is 10 tefachim deep in a reshus harabim, and then someone else comes along and fills in 1 tefach with dirt, so the pit is now only 9 tefachim deep, who is liable if an animal falls in and becomes damaged? The gemara and Rambam seem to deal with the opposite case (if 1st person dug 9 tefachim and the 2nd person dug 1 more to make it 10 tefachim), but I can’t find anything on a case such as this.
Does anyone discuss this particular case?
Thank you very much!
Answer by Horav Y. Fleishman shlit”a.
The first one is chayav-see siman 410 seif 3 that only if the second one completely closed the pit and then reopened it, is he responsible because it is like a new pit which he dug. However, as long aa it retains its status as the pit of the first one only the first is chayav.