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Bava Metzia 76

BAVA METZIA 76-79 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 2] KOL HA'MESHANEH YADO AL HA'TACHTONAH - anyone (a hired worker or craftsman) who changes [from the instructions given to him by the owner of the item] has the underhand (and the owner needs to pay him only the lesser value -- the worker's expenses, or the increase in value of the item, whichever is less)
b) [line 2] V'CHOL HA'CHOZER BO YADO AL HA'TACHTONAH - and anyone who withdraws [from the deal] has the underhand (the Gemara in Bava Metzia 77b gives two explanations for this)

2) [line 5] D'AMAR LEI BA'AL HA'BAYIS - the homeowner (i.e. the employer) said to one of his employees who will act as his hiring agent

3) [line 6] OGAR LI - hire for me
4) [line 9] SAVUR V'KABIL - they decided [that the wages were agreeable] and accepted [those wages]

5) [line 12] NEISIV LEHU MI'DIDEI - he must pay them [the difference] from his own [money]

6) [line 14] NOSEN LO SECHARO MI'SHALEM - he (the one who hired the worker) pays the worker his full wages

7) [line 21] HACHA B'VA'AL HA'BAYIS ASKINAN - we are dealing with the case of a skilled homeowner who is hired to do labor (and will only work for a high salary)

8) [line 22] HAVAH ZILA BAN MILSA L'ISGUREI - we would not have degraded ourselves to be hired [for less than four Zuzim]

9) [line 26] B'RIFKA - in [the case where they were hired to dig] a trench
10) [line 30] "AL TIMNA TOV MI'BE'ALAV, [BI'HYOS L'EL YADECHA LA'ASOS.]" - "Withhold not good from them to whom it is due, [when it is in the power of your hand to do it.]" (Mishlei 3:)

11) [line 36] A'DIBURA DIDEI KA SAMCHEI - on his (the hiring agent's) word they (the workers) rely

12) [line 37] MEHEIMNAS LAN - we believe you

13) [line 39] "HAVEI LI GITI;" V'"ISHTECHA AMRAH HISKABEL LI GITI." - [A woman said to her agent,] "Bring me my Get," and [the agent said to her husband,] "Your wife said, 'Accept my Get for me.'" (SHALI'ACH L'KABALAH / SHALI'ACH L'HOLACHAH)
The Torah requires that a Get (bill of divorce) be given directly into the hands of the woman (Devarim 24:1). However, a husband who wants to divorce his wife does not need to give the Get to the woman himself; he may appoint a Shali'ach to bring the Get and hand it to her. When the man appoints a Shali'ach to bring the Get to his wife, this is called a "Shali'ach l'Holachah." A woman, too, may appoint a "Shali'ach l'Kabalah" to receive the Get from her husband on her behalf, or to receive the Get from her husband's Shali'ach. When her Shali'ach l'Kabalah receives the Get, the woman becomes divorced as if she had received it herself. The woman may also appoint a "Shali'ach l'Hava'ah" to receive the Get from the man and to bring it to her (in which case, she is not divorced until the Shali'ach l'Hava'ah gives her the Get). Our Gemara is discussing the first two types of Shelichim, but not the third.

14) [line 40] HEILACH K'MAH SHE'AMRAH - this [Get] is for you, as she said


15a) [line 17] BA TA'UN - he (a donkey driver) who comes with a laden donkey
b) [line 17] BA REIKAM - he (a donkey driver) who comes with an unladed donkey

16) [line 19] KIBLU KAMAH LIKTZOR - the workers received standing grain to cut [b'Kablanus] (as contractors, who are hired to perform a specific task, as opposed to day-laborers, who are hired to work for the day)

(a) Equivalents of coins and amounts used in the Mishnah and Gemara:

  • 1 Sela = 2 Shekalin = 4 Dinerin = 48 Pundeyonin = 96 Isarin
  • 1 Dinar = 6 Ma'in = 12 Pundeyonin = 24 Isarin
  • 1/2 Dinar = Rova (1/4) Shekel = Sela Medinah
  • 1 Me'ah = 2 Pundeyonin
  • 1 Pundeyon = 2 Isarin
  • 1 Isar = 6-8 Perutos (based on Kidushin 12a)
(b) Another name for a Dinar of Kesef is a *Zuz*. All of the coins listed above are silver except for the Perutos, which are copper. (This is the ruling of most of the Rishonim. According to the ROSH 4:20, even the Pundeyonin and Isarin are copper.)
(c) The word "Shekel," as used in the phrase "Machatzis ha'Shekel," refers to the Shekel that was in use at the time of Moshe Rabeinu, which was equivalent to the "Sela" of the times of the Gemara. Machatzis ha'Shekel is half of a Sela, or two Dinerin. People became accustomed to calling the coin that was valued at half of a Sela, "Shekel," since it was "paid out" ("Shoklim" Oso) in order to fulfill the Mitzvah of Machatzis ha'Shekel each year (RAMBAN to Shemos 30:13). Likewise, the Shekel to which our Gemara refers is worth half of a Sela or two Dinerin.

18) [line 29] CHAVIVI AMAR - (lit. my beloved one) Rebbi Chiya, Rav's uncle. Rav's father Aibo was Rebbi Chiya's brother from the same father. However, they did not share the same mother. Aibo married Rebbi Chiya's sister from his mother, and as such, Rav was the son of Rebbi Chiya's brother and sister (Sanhedrin 5a)

19) [line 31] LO SIYEMUHA KAMEI - they did not finish telling him the entire matter (that the worker only received the wages of an idle worker)

20) [line 33] D'SAIRA L'AR'EI MID'URSA - he inspected his land on the previous evening

21) [line 34] HAI MAN D'AGAR AGIREI L'RIFKA - that person who hired worker (a) to dig trenches around a field, which was made impossible because of the rain (RASHI); (b) to water a field, which was made unnecessary because of the rain (RAMBAM, according to the Hagahos ha'Gra #3)

22) [last line] ASA MITRA U'MALYEI MAYA - rain came (a) and made the work impossible (RASHI); (b) and made the work unnecessary (RAMBAM, according to the Hagahos ha'Gra #3)

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