POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Metzia 103
BAVA METZIA 101-105 - Ari Kornfeld has generously sponsored the
Dafyomi publications for these Dafim for the benefit of Klal
1) DISPUTING THE LENGTH OF A RENTAL
(a) Version #1 - Rashi - (Rava): Reuven rented a house to
Shimon for ten years; Shimon has an undated document to
this effect. Reuven claims that five years have expired
(Shimon says, only three) - Reuven is believed.
2) GENEROUS LOANS
(b) Version #2 - Tosfos - (Rava): Reuven rented a house to
Shimon for ten years; Reuven has a document saying that
it was rented for 100 Dinarim for ten years, ten Dinarim
per year. Five years have expired; Reuven claims that no
rent was paid, Shimon says he had paid for the five years
- Shimon is believed.
(c) Question (Rav Acha mi'Difti): Will we also say that if
Reuven borrowed 100 Zuz with a document and says that he
paid half, he is believed?!
(d) Answer (Ravina): That is different - a loan document is
standing to be fully paid, if he paid half he should have
written so on the document itself, or gotten a receipt;
1. Version #1 (Rashi): Here, the document was written
to publicize the rental, so Shimon cannot claim that
he bought the house (not that he should get ten
years from when he shows the document)!
2. Version #2 (Tosfos): Here, the document was written
to prevent Shimon from claiming that he bought the
house (not that he owes rent for all ten years)!
(a) (Rav Nachman): Reuven asked to borrow Shimon's vessel
'b'Tuvo (in its goodness)', and Shimon consented - Reuven
can borrow it forever, whenever he needs it.
***** PEREK HA'MEKABEL *****
(b) (Rav Mari brei d'bas Shmuel): This is if he made an
acquisition - if not, (Rashi - if he returns it) he does
not have permanent rights to it.
(c) (Rav Mari brei d'Rav Ashi): When it is no longer fitting
to use, he returns the remnant (e.g. the handle of an
(d) (Rava): Reuven asked to borrow Shimon's shovel to dig in
this orchard - he may dig in that orchard;
1. If he borrowed to dig in an orchard - he may dig in
any orchard he wants;
(e) (Rav Papa): Reuven asked Shimon's 'Lend me this well (to
irrigate my fields)', and it caved in - Shimon cannot
say, I will rebuild it and you must let me use the new
2. If he borrowed to dig in 'Pardisai' (my orchards) -
he may dig in as many orchards as he has, even if he
wears out the shovel.
1. If he asked 'Lend me a well', and it caved in -
Shimon can rebuild it, and he may use it to irrigate
all his fields.
2. If he asked 'Lend me place for a well', he may dig
in as many places as needed until he finds water.
i. He must make an acquisition - if not, Reuven
can retract his promise.
3) FOLLOWING THE LOCAL CUSTOM OF WORKERS
(a) (Mishnah): Reuven accepts to work on Shimon's field (like
a sharecropper, to receive a fixed portion of the
produce, or like a Choker (he rents it, on condition to
pay a fixed amount of produce each year) - he follows the
local customs, such as to reap (the grain, leaving the
stalk) or to uproot (the entire stalk), or to plow after
(b) They share the straw just as they share the grain; they
share the vines and reeds just as they share the wine;
4) RESPONSIBILITIES OF THE OWNER AND THE WORKER
1. They both supply the reeds.
(c) (Gemara - Beraisa): Where the custom is to reap, he may
not uproot, and vice-versa - neither the owner nor
worker can deviate from the custom without the other's
1. Where the custom is to reap, he may not uproot - the
owner can say, I want the stalks to remain to
fertilize the land; the worker may say, I do not
want to toil so much;
(d) Question: Why must it say 'neither can deviate without
the other's consent'? (Having said that the worker cannot
reap or uproot against the custom, we already know that
sometimes he prefers one, sometimes the other, and
likewise the owner!)
2. Where the custom is to uprooted, he may not reap -
the owner can say, I want the land to be clear; the
worker may say, I need straw for my animals.
(e) Answer: The Beraisa gives the reason for the law -
because sometimes each prefers one way, neither can
deviate without the other's consent.
(f) (Mishnah): Where the custom is to plow after harvesting
he must do so.
(g) Objection: This is obvious!
(h) Answer: We must teach for a place in which people do not
weed, and this worker weeded.
1. One might have thought, he can say 'I weeded in
order that I will not have to plow' - the Mishnah
teaches, he cannot; rather, he must say this before
weeding (Me'iri - and the owner must agree; Ramah -
and the owner must not object).
(i) (Mishnah): All is according to the local custom.
(j) Question: What does this come to include?
(k) Answer (Beraisa): In a place where trees on the field are
included in the rental (even though they need very little
work), if nothing was specified, they are included; in a
place where trees are not included, (unless specified)
they are not included.
(l) Question: Obviously, in a place where trees are included,
we assume they are included!
(m) Answer: The case is, the owner agreed to give the worker
a larger share of the produce than normal. One might have
thought, this was on condition that the trees are not
included - the Beraisa teaches, this is not so, because
he did not stipulate.
(n) (Beraisa): In a place where trees are not included, they
are not included.
(o) Objection: This is obvious!
(p) Answer: The case is, the worker agreed to take a smaller
share of the produce than normal. One might have thought,
this was on condition that the trees are included - the
Beraisa teaches, this is not so, because he did not
(q) (Mishnah): They share the straw just as they share the
(r) (Rav Yosef): In Bavel, the custom is that sharecroppers
do not receive a portion of the straw.
1. Question: What do we learn from this?
2. Answer: If one person does so, we do not learn from
him, he just happens to be generous.
(a) Version #1 (Rav Yosef): (Surrounding a field, people pile
up dirt three times to make a wall around the field.) The
owner supplies all the dirt, and also posts to make a
fence around the field;
5) GROUNDS FOR DEDUCTING FROM THE RENTAL FEE
1. The worker supplies thorns for the fence.
(b) (Rav Yosef): The owner supplies the shovel, hoe (Rambam -
), and the bucket or pouch for irrigating; the worker
makes the irrigation ditch.
2. The general rule is: the owner supplies needs of
basic guarding, the worker supplies extra guarding.
(c) (Mishnah): They share the vines and reeds just as they
share the wine.
(d) Question: What reeds are harvested from a vineyard?!
(e) Answer (d'vei R. Yanai): These are smoothed reeds which
were used to support the vines.
(f) (Mishnah): They both supply the reeds.
(g) Objection: This is obvious (since he gets a share, surely
he also supplies)!
(h) Answer: The Mishnah gives the reason - they share the
vines and reeds because they both supply the reeds.
(a) (Mishnah): Reuven accepts to work on Shimon's Beis
ha'Shelachin (a field that must be irrigated from a
spring) or a Beis ha'Ilan (a field with a tree, which is
profitable for the worker). The well dried up or the tree
was cut down - if Reuven was a Choker, he does not deduct
from the agreed rental;
1. If Reuven said 'Rent to me this Beis ha'Shelachin or
Beis ha'Ilan', he deducts from the agreed rental.
(b) (Gemara) Question: What is the case?
1. If a big river dried up, why doesn't he deduct -
this affects the entire region(and therefore cannot
be considered his bad Mazal)!
(c) Answer (Rav Papa): A small spring dried up - the worker
could bring from the big river.
(d) (Rav Papa): The first two Mishnayos of our Perek apply to
sharecroppers and Chokerim; every other Mishnah applies
to sharecroppers or Chokerim, not both.