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Bava Metzia 103

BAVA METZIA 101-105 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 1] SACHIR - a laborer, hired man (as opposed to a *Socher*, a tenant)

(a) All Shevu'os d'Oraisa, oaths of Torah origin, involve making a Shevu'ah to *exempt* oneself from payment or liability, and not making a Shevu'ah to *extract* payment from someone. This is derived from the verse, "An oath of HaSh-m shall be between the two of them... and the owner shall accept it and *he shall not pay*" (Shemos 22:10). The Rabanan instituted certain oaths that do not follow this rule, where the person who swears *collects* his claim after he takes his oath (Mishnah Shevu'os 44b).
(b) One of those people who are "Nishba'in v'Notlin" ("who swear and collect") is a Sachir, a laborer who has completed his work. The Rabanan reasoned that employers may be too busy to distinguish one worker for another, and may mistakenly think that they have paid a certain worker who has not in actuality received his wages. The Sachir therefore swears and collects his wages.

3) [line 3] SOCHER MEHEIMAN BI'SHEVUAH - a tenant is believed that he paid his rent when he takes an oath (SHEVU'AS HESES)
(a) The Torah only obligates a person to swear if he admits to part of the claim against him, but not if he is Kofer ha'Kol, i.e. he denies the entire claim (see Background to Bava Metzia 5:6:a).
(b) Even so, the Rabanan required a person who is Kofer ha'Kol to make a Shevu'ah known as a Shevu'as Heses, since a person usually does not make a claim against his fellow man unless there is some basis to the claim. Although the defendant usually would not be so brazen as to deny the entire claim, the Rabanan still suspected that he intends to pay at a later time and he is denying the claim now in order to delay the payment (Shevu'os 40b). The Socher of our Gemara who claims to have paid his rent is in essence being Kofer ha'Kol, and as such, he is required to make a Shevu'as Heses.
(c) This Shevu'ah is made even on claims of Karka (real estate), even though one does not make other Shevu'os with regard to Karka (TOSFOS to Bava Metzia 6a DH Ela, citing Rav Hai Ga'on).

4) [line 6] NEKITAS CHAMESH SHENIN - you have already lived in it (lit. you have been holding on to it) for five years (and the tenant claims to have been there for less time; the document does not contain the date of the beginning of the lease)

5) [line 10] SHETAR L'GUVAINA KAI - a document is meant [to be use] to collect [a debt]

6a) [line 11] IBA'I LEI L'MICHTEVA A'GABEI - he should have written on it [that he repaid part of the debt]
b) [line 11] MICHTAV ALEI TAVRA - [he should have had] a receipt written to that effect (that he repaid part of the debt)

7) [line 13] KI HEICHI D'LO TECHEZAK ALEI (TOSFOS) - so that the tenant not make a Chazakah on the house and claim that he bought it (see Background to Bava Metzia 72:6)

8) [line 14] SHO'EL ADAM B'TUVO L'OLAM - a person may borrow [an item] "b'Tuvo" - "while it is in a lasting state," i.e. "while it lasts," [and the Halachic ruling is that he may keep it] forever, [as long as it is whole]

9) [line 15] V'HU D'KANI MINEI - as long as he made a Kinyan Sudar (see Background to Bava Metzia 45:8) obligating himself [to pay if he fails in his Shemirah]

10) [line 16] MEHADER LEI KATEI - [should it break,] he returns its broken parts (lit. its handle)

11a) [line 18] "OSHLAN MARA L'MIRPAK BEI HAI PARDEISA" - "Lend me a hoe (O.F. fossoir - a hoe) to dig in *this* orchard"
b) [line 19] RAFIK BEI HA'HU PARDEISA - he may use it to dig in that orchard [only]

12a) [line 19] "PARDEISA" - "[Lend me a hoe to dig in] *an* orchard"
b) [line 19] RAFIK BEI KOL PARDEISA D'VA'I - he may use it to dig in any orchard (but only one) that he wants, (a) even if it is as large as a city (RASHI); (b) even if it belongs to someone else (RAMBAM Hilchos She'eilah u'Fikadon 1:7, SHULCHAN ARUCH CM 341:7)

13a) [line 20] "PARDEISEI" - "[Lend me a hoe to dig in] *orchards*"
b) [line 20] RAFIK V'AZIL KOL PARDEISEI D'IS LEI - he may use it to dig in all of his orchards (and not only two of them -- RASHI; see also NIMUKEI YOSEF)

14) [line 23] "OSHLAN HAI GARGUSA" - "Lend me *this* wellspring"
15) [line 23] NAFLAH - it caved in
16) [line 23] LO VANI LAH - he is not permitted to rebuild it (since the wellspring for which he asked no longer exists)

17) [line 24] BEI GARGUSA - a place for a wellspring
18) [line 24] KARI V'AZIL - he may dig and go on [digging]
19) [line 25] AD D'MISRAMI LEI - until he finds (lit. chances upon) [a suitable wellspring]

20) [line 39] D'KAI A'GUDA D'NAHARA - that is situated on the edge of the river


21) [line 42] HA'MEKABEL SADEH ME'CHAVEIRO - one who receives a field from someone else [either as an Aris (for a percentage of the crop) or as a Chocher (for a fixed amount of produce per year)]

22a) [line 43] LIKTZOR - to reap (cut down, leaving the bottoms of the stalks in the earth)
b) [line 43] LA'AKOR - to uproot
c) [line 44] LACHAROSH ACHARAV - to plow after [the reaping or uprooting in order to uproot weeds]

23) [line 45] TEVU'AH - produce, grain

24a) [line 45] TEVEN - (O.F. estoble) stubble, the lower end of the stalks that are left rooted in the ground after the harvest
b) [last line] KASH - (O.F. estraim) straw, the part of the stalk cut off with the grain


25a) [line 1] ZEMOROS - [grapevine] branches
b) [line 1] KANIM - (O.F. paissels) vine-props; sticks used as supports for a vine

26) [line 5] BA'INA D'SISBAN LI AR'A'I - I need my land to be fertilized by the stubble left in the ground to rot

27) [line 6] LO MATZINA - I am not able [to uproot the grain stalks, since it is very hard work]

28) [line 7] TINAKER AR'A'I - my land to be cleaned [of all stubble (since it does not need to be fertilized)]

29) [line 13] B'ASRA D'LO MENAKASHEI - in a place where the custom is not to weed

30) [line 14] LO KERIVNA - that I do not have to plow
31) [line 18] L'HASKIR ILANOS AL GABEI KARKA - to "rent out" fruit trees along with the field that the Aris works for his percentage of the crops. If the custom is such, he receives a share of the fruits even though he does not work on the trees

32a) [line 21] KULEI ALMA YAHAVEI B'SILTA - [the custom is that] a landowner (lit. everyone) gives out [his fields to Arisim and demands] one third [of the crops for themselves]
b) [line 21] YAHAVEI B'RIV'A - he gave out his field for only one fourth of the crops

33) [line 22] HAI D'VATZRI LACH - the reason that I lessened [my share of the crops] for [the field that] you [will work]

34) [line 26] MEKABLEI B'RIV'A - accept [a field b'Arisus on the condition that they give the landowner] one fourth [of the crops]

35) [line 27] HAI D'TAFA'I LACH - the reason that I [accepted an Arisus in which I] gave you more [than is customary]

36) [line 33] AYIN YAFEH HU - it is merely his good will (lit. a generous eye)

37a) [line 34] BUCHRA - related to the word "Bechor," "firstborn." (a) the first ditch dug just outside the boundaries of a field, the dirt of which is piled up on the actual borders of the field (RASHI); (b) the first layer of mortar that is used to build a wall around the borders of a field (ARUCH)
b) [line 34] TAFTA - (a) related to the word "Tefei," "additional." The second ditch dug just outside the boundaries of a field, the dirt of which is piled up on the actual borders of the field when the first dirt pile is indiscernible (RASHI); (b) related to the word "Tefufos," "middle sized [measurements]" the middle layer of mortar that is added to the wall after the first layer dries (ARUCH)
c) [line 34] ARKAVTA - (a) the third ditch (RASHI); (b) related to the word "Rechivah," "riding." The upper layer of mortar, which is added after the second layer dries, which "rides" on top of the lower two (ARUCH)

38a) [line 34] KANEI D'CHIZRA - reed poles that are inserted into the ground around the boundaries of a field, onto which are woven thistle vines or thin strips of wood
b) [line 35] CHIZRA - thistle vines

39) [line 35] KELALA D'MILSA - the general rule concerning the matter
40) [line 35] KOL IKAR BELAMA - whatever is essential [for guarding the property]
41) [line 36] NETIRUSA YESEIRTA - extra protection (that makes the job of the sharecropper easier)

42a) [line 36] MARA - a hoe
b) [line 36] ZAVILA - (O.F. pele - a shovel) a spade
c) [line 36] DAVLA - a bucket
d) [line 37] ZARNUKA - a leather bottle made out of a hide that is sewn up
43) [line 37] ARISA AVID BEI YE'OREI - the sharecropper digs the irrigation channels

44) [line 38] KANIM MAI AVIDTAIHU? - What is the use of reeds in a vineyard?
45) [line 38] KANIM HA'MUCHLAKIN SHE'BAHEN MA'AMIDIN ES HA'GEFANIM - smooth (lit. peeled) reeds that are used to prop up the grapevines

46a) [line 41] BEIS HA'SHELACHIN - a field that receives its water from irrigation or a wellspring (usually located on a mountain -- RASHI to Moed Katan 2a)
b) [line 41] BEIS HA'ILAN - an orchard, or a field that has trees in it

47) [line 41] YAVESH HA'MA'AYAN - if the wellspring dried up
48) [line 42] EINO MENAKEH LO MIN CHIKURO - he does not deduct from the Chocher's annual rent [of produce]

49) [line 44] NAHARA RABA - a large river
50) [last line] NEIMAL LEI MAKAS MEDINAH HI? - Why does he not claim that it is a national disaster (for which the Machkir should deduct from the annual rent)?

51) [last line] NAHARA ZUTA - (lit. a small river) an irrigation channel dug from the main river of the area to the surrounding valleys; the landowners use this channel to supply water for their fields

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