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 109
BAVA METZIA 109-110 - anonymously dedicated by an Ohev Torah and
Marbitz Torah in Ramat Beit Shemesh, Israel.
1) COMPENSATION FOR WHAT A DEVELOPER LEAVES BEHIND
(a) (Mishnah): Reuven rented a field for a small period of
time - he may not plant flax, and he may not cut branches
of sycamore trees;
2) WHEN A SHARECROPPER LEAVES
1. If he rented it for seven years, he may plant flax
and cut branches of sycamore trees the first year
(since the loss will not be felt in the land and the
tree when the land goes back).
(b) (Gemara - Abaye): He may not cut branches of sycamore
trees, but he is compensated for their increased value
(when he leaves).
(c) (Rava): He is not even compensated for their increased
(d) Question (Beraisa): If Reuven rented a field, when it is
time for him to leave, we estimate for him.
1. Suggestion: We estimate the increased value of the
(e) Answer: No, we estimate the value of the vegetables and
(f) Question: Why estimate them - he may uproot them and take
(g) Answer: They will not last until the market day (when one
gets the proper price for them).
(h) Question (Beraisa): If Reuven rented a field and Shemitah
came, we estimate for him.
1. Objection: Shemitah does not force him to leave the
(i) Correction (Beraisa): Rather, if Yovel came, we estimate
1. Objection: Yovel does not apply to rental - the
Torah only forbids a permanent sale - "Li'Tzmisus"
(j) Correction (Beraisa): Rather, if Reuven bought a field
and Yovel came, we estimate for him.
1. Suggestion: Perhaps here also, we estimate the value
of the vegetables and beets.
(k) Answer (Abaye on behalf of Rava): Yovel is different, for
the Torah said "V'Yatza Mimkar Bayis" - the sale goes
back, the improvements do not go back.
2. Rejection: In Yovel, vegetables and beets (and all
produce) are Hefker!
3. Rather, we estimate the increased value of the
(l) Question: We should learn from Yovel to a renter!
(m) Answer: When one buys land, even though it goes back in
Yovel, he is not like a renter - he is a full buyer, just
Hash-m uproots his ownership in Yovel (and returns it to
1. Rav Papa rented a land to plant fodder; trees
sprouted on it. When he left, he asked for the
(n) Rav Bibi bar Abaye rented a field; he raised the borders,
and sorb trees sprouted in it. When he left, he asked for
2. Rav Shisha brei d'Rav Idi: If one rents a date tree
to eat its fruit, and it got thicker, does he get
3. Rav Papa: That is different - there, he did not rent
it for the wood - but I rented the field for
whatever will grow.
4. Suggestion: Rav Papa holds like Abaye.
5. Rejection: He can hold like Rava - Rava only said
that he gets no improvements when he did not lose;
here, Rav Papa lost.
6. Question: His loss was a small area in which he
could have grown fodder - that is all he is entitled
7. Answer: No, he could have grown saffron (which is
8. Question: You admit that you did not intend for
lasting improvements, therefore you are only
entitled to the value of wood (not the value of
(o) Rav Papi: No - even Rav Papa only demanded improvements
because he suffered a loss - you suffered no loss from
(a) Rav Yosef had a permanent planter (a sharecropper that
did all the work in the field, starting with plating); he
died, leaving five sons-in-law. Rav Yosef did not want
them to continue for their father - each would rely on
the others, and the field would not be properly cared
1. Rav Yosef: I offer you the improvements on the field
- if you refuse, you will get (letter of the law,
(b) (Rav Yehudah): If a planter said 'If I cause a loss, I
will leave' and he caused a loss, he does not get the
i. (Rav Yehudah): If a planter dies, the owner may
expel his heirs without giving the
ii. This is wrong (they are entitled to
(c) (Rav Kahana): He gets the improvements.
1. Rav Kahana admits, if he said 'If I cause a loss, I
will leave without improvements', he gets no
(d) Runya was Ravina's planter; he caused a loss, and Ravina
fired him. Runya complained to Rava, who defended Ravina.
2. (Rava): This is Asmachta (an exaggerated promise) -
it is not binding (he gets the improvements).
2. Question (Mishnah): 'If I will leave it fallow and
not work it, I will pay what it would have produced'
(this is binding).
3. Answer: There, he pays for the loss he caused;
i. Here also, we deduct the loss he caused, and he
gets the balance of the improvements.
1. Runya: He did not warn me (that he would fire me if
I cause a loss)!
2. Rava: There is no need for warning.
i. (Rava): The following may be fired (for
negligence) without warning: one who teaches
children, a planter, a slaughterer, a
bloodletter, and the town scribe (Rashi - to
write Sifrei Torah; Tosfos - to write
3) CHANGES OF CONTRACT
ii. The general rule is: any mistake that cannot be
corrected, we considered the worker to be
(a) A planter asked for the improvements (after he planted),
because he wanted to go to Eretz Yisrael. Rav Papa bar
Shmuel ruled that the owner must give him.
1. Rava: The land also caused the increased value!
(b) Rav Ashi: Rav Papa meant, a quarter of the owner's share,
a sixth of the total improvements;
2. Rav Papa bar Shmuel: Indeed, I meant that he shares
3. Rava: The agreement was that the owner gets half -
but he will now have to hire a sharecropper (to
finish the work for a planted field)!
4. Rav Papa bar Shmuel: Indeed, I meant that he gets a
quarter of the improvements.
1. (Rav Minyomi brei d'Rav Nechumi): In a place where a
planter gets half the crop and a sharecropper (who
works a planted field) gets a third, a planter who
leaves after planting gets a share of the
improvements (i.e. a sixth), in order that the owner
does not lose (he still gets a half).
(c) Question (Rav Acha brei d'Rav Yosef): Why can't the
planter say 'give (a quarter) from your (three quarters)
share to hire a sharecropper to finish working your
share, I will do with my share (a quarter) as I want'?
2. If the planter would get a quarter of the produce,
the owner would lose!
(d) Version #1 (Rashi) Admission (Rav Ashi): Indeed, he can
say so (and Rav Papa meant, a quarter of the produce).
(e) Version #2 (R. Chananel) Answer (Rav Ashi): He cannot say
this because one cannot find a sharecropper for less than
(f) (Rav Minyomi brei d'Rav Nechumi): In a place where a
planter gets half the crop and a sharecropper gets a
third, a planter who leaves after planting gets a share
of the improvements in order that the owner does not
(g) Version #1 - Rashi - (Rav Minyomi brei d'Rav Nechumi): A
planter gets half of an old vine (just as he gets half
the produce), for this is normal; if a river flooded the
field (and the trees will not produce fruits for a long
time), the planter gets half the wood (like the law of a
planter who leaves early).
(h) Version #2 - R. Chananel - (Rav Minyomi brei d'Rav
Nechumi): If a planter uproots old vines and plants new
ones, he gets half the produce (for this is much work);
if a river flooded the field (and uprooted the trees) and
he plants new ones, he gets a quarter of the produce.
(i) Reuven gave his orchard as collateral for a loan for ten
years (its rental value for each year was to be deducted
from the loan). After five years, the trees stopped
producing, for they were old.
(j) (Abaye): The wood is considered like produce, the lender
(k) (Rava): The wood is considered like principal, they buy
land with it and the lender eats the produce (for the
remaining five years, after which Reuven keeps it).
(l) Question (Beraisa): (Reuven took Shimon's tree according
to Mashkanta of Sura (after a certain time, the tree goes
back for free.)) If the tree dried (and no longer gives
fruit) or was cut, neither Reuven nor Shimon may use it;
1. They should sell it and buy land, Reuven eats the
(m) Answer: No - the case when it is cut is like when it
dries: just as 'dried' connotes before the proper time
(it does not say 'it grew old'), also it was cut before
the proper time.
2. Since the land reverts to the owner in Yovel, the
principal is consumed!
3. Suggestion: The case when it dries is like when it
is cut: just as (presumably) it was cut in the
proper time (when it ceased to bear fruit), also it
dried in the proper (i.e. expected) time - and it
says, they buy land with it and the lender eats the
4. This shows that the wood is principal!
(n) Question (Mishnah): If a married woman inherited old
vines or date trees, we sell the wood to buy land and her
husband eats the produce.
(o) Answer #1: The Mishnah says that 'they grew old'.
(p) Answer #2: As we established the Mishnah (in Kesuvos) -
she inherited trees in another person's field (since she
has nothing after they are cut, Abaye agrees that they
are considered principal).