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Bava Metzia 77

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

1) [line 3] HAI MAN D'OGIR AGUREI L'DAVLA - that person who hired workers to draw water to irrigate his field ("Davla" is related to the word "Deli," a bucket)

2) [line 4] ASA NAHARA - the river rose [and entered the irrigation channels of his field]

3) [line 7] PASAK NAHARA - the water sources dried up
4) [line 7] IY LO AVID D'FASIK - if it did not normally dry up
5) [line 8] IY BENEI MASA - if they were inhabitants of the area
6) [line 13] MAFKAD LEHU - he can order them [to do the other jobs]
7) [line 16] ACHLUSHEI D'MECHUZA - (a) the porters of Mechuza (RASHI); (b) the ditch diggers of Mechuza (RAMBAM, according to the Mesores ha'Shas)

8) [line 17] CHALSHEI - they become weak
9) [line 21] AYAKAR AVIDTA - work (i.e. hiring laborers) became more expensive
10) [line 21] IMRU PO'ALIM - the workers quit
11) [line 22] PAISINHU - he placated them [and promised them recompense]
12) [line 23] A'DA'ATA D'TAFAS LAN A'AGRA - with the understanding that you would raise our wages

13) [line 26] ZAL AVIDTA ME'IKARA - work (i.e. hiring laborers) was originally inexpensive

14) [line 30] LO HAVAH KIM LECHU - when it was not know to you [that workers' wages would increase]

15) [line 47] PO'EL YACHOL LACHZOR BO AFILU BA'CHATZI HA'YOM - a worker can quit, even in the middle of the day

16a) [line 49] SECHIRUS - day-labor, where the worker is hired to work for the day
b) [line 49] KABLANUS - on a contract basis, where the worker is hired to perform a specific task

17) [last line] ACHAZTO CHAMAH - he contracted a fever or sunstroke


18) [line 7] TENAN KOL HA'MESHANEH... - the Gemara asks with regard to the suggestion of Rav Nachman bar Yitzchak, that the Mishnah presents us with a contradiction in the opinion of Rebbi Dosa. Rav Nachman bar Yitzchak suggested that Rebbi Dosa rules that a Sechir Yom (as opposed to a Kablan) has the upper hand ("Yado Al ha'Elyonah"). The Mishnah, which refers to a Sechir Yom (as Rashi proves -- DH Lav) and follows the opinion of Rebbi Dosa (as the Gemara proves), rules that a Sechir Yom has the lower hand ("Yado Al ha'Tachtonah").

(a) Rebbi Yehudah rules (Mishnah Bava Kama 100b, brought later in our Gemara, Daf 78b) that when a craftsman does not do what the owner of the item instructed him to do, in certain cases the ruling is that the owner can pay either the Shevach or the Yetzi'ah, whichever is less. RASHI and RABEINU YEHONASAN MI'LUNIL (in the Shitah Mekubetzes ibid.) explain, in the literal sense, that the Shevach refers to the amount that the item increased in value from the time that it was given to the craftsman. The Yetzi'ah means the amount of money that the craftsman had to put into the item in order to cause the Shevach, the increase in value. (See Insights to Bava Kama 100:2 for the opinions of the other Rishonim.)
(b) Rebbi Meir rules (ibid.) that (if the owner does not want the flawed product back) the craftsman keeps the finished item for himself and pays for the value of what was given to him, since he is not being paid the full wages that were stipulated.

20) [line 12] REBBI DOSA TARTEI KA'AMAR - Rebbi Dosa said two things [that *both* a Sechir Yom and a Kablan have the Din of "Yado Al ha'Tachtonah"

21) [line 13] V'RAV SAVAR LAH KAVASEI B'CHADA U'FALIG ALEI B'CHADA - and Rav rules like with regard to one [of these Halachos] (that a Kablan has the Din of "Yado Al ha'Tachtonah") and he argues with him with regard to one (i.e. the other) [Halachah] (and Rav Rules that a Sechir Yom has the Din of "Yado Al ha'Elyonah"

22a) [line 20] IDIS - the best-quality land
b) [line 24] ZIBURIS - the poorest-quality land

23a) [line 31] B"CH (BA'AL CHOV) - a creditor

b) [line 31] BA'AL CHOV DINO B'VEINONIS - the law states that a creditor gets [repaid with] land of average quality
(a) If a person wishes, he may pay back his debts with plots of land equivalent in value to the amount that he owes. Chazal divided the quality of plots of land into three categories: Ziburis - the poorest quality, Beinonis - average quality, and Idis - the highest quality. Depending on what kind of a debt is being paid, Chazal instituted that different qualities of land must be used to pay the debt if it is to be paid back with land. Damages (Nezikin) are reimbursed with Idis. Standard loans (Halva'os) are repaid using Beinonis. The payment of a Kesuvah to a wife, as well as debts that are paid by orphans for claims on their father's estate, are paid using Ziburis.
(b) Mid'Oraisa, a standard loan may even pay from Ziburis. The Rabanan required that the borrower pay back with Beinonis land so as not to "close the door" to other borrowers, who will not find creditors from whom to borrow because they fear that they may be repaid in Ziburis.

24) [line 31] V'OD, HA AR'A D'YAHIV ZUZEI! - And furthermore, this is the very same piece of land for which he paid the money (and as such, he should receive a part of this land, and not Idis Nechasav, the best land of the seller)!

Nizakin are people who have had damages caused to the their property. When Mazikin reimburse the Nizakin with plots of land, Beis Din evaluates the damages and collects payment for them from land of the highest quality (see above, entry #23b:a).

26) [line 40] HA'NOSEN ERAVON - one who gives a surety, collateral (O.F. fermance)

27) [line 41] HALAH - the other person (i.e. the one who accepted the Eravon)

28) [line 42] ASMACHTA KANYA
See Background to Bava Metzia 73:49.

29) [line 44] ERAVONI YIKON - my surety will accomplish a Kinyan on the entire sale (which is meaningless -- RASHI)

30) [line 45] U'MACHAZIR LO ES HA'SHE'AR AFILU L'ACHAR KAMAH SHANIM - and he pays him the balance, even after many years

31) [line 46] HA D'KA AYIL V'NAFIK A'ZUZEI - this refers to a case where the seller keeps coming back to the buyer to collect the remainder of the payment

32) [line 50] AFSADESIN'HU MINAI - (lit. you have caused them to be lost to me) by paying me back in such small amounts, I spent each Zuz as soon as I received it. As such, your method of repayment caused me to lose the entire 100 Zuzim!

33) [line 50] CHAMARA - a donkey
34) [line 50] PASH LEI CHAD ZUZA - one Zuz [of the total sale price] was left [outstanding]

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