1)MEASURING OUT PART OF THE SALE (cont.)
(a)Question (against Rav and Shmuel - Beraisa): One may not hire a worker for a Dinar per day of work to be done later, if the normal wage is a Sela per day (the discount looks like Ribis);
1.If he hires him to begin now, and pays immediately (e.g. 100 Dinarim for 100 days of work), it is permitted, even though the normal wages at the end of the job will be more;
2.Summation of question: If when one sells 'a Kor for 30, each Se'ah for a Sela', after each Se'ah is measured out, it is acquired (but either can retract about the rest), here also, at any time he need not finish the job. He works the last days for a lower wage because he was paid in advance. It should be forbidden (like in the Reisha)!
(b)Answer (Rava): We are never concerned for one who works for a small wage! (Often, if one has no food to eat, he accepts to work for less than the normal wages. Therefore, it does not look like Ribis.)
(c)Question: Why is it forbidden in the Reisha of the Beraisa, but not in the Seifa?
(d)In the Reisha, he is paid before he starts working, so it looks like Ribis;
1.In the Seifa, he starts working immediately, so it does not look like Ribis.
(e)(Mishnah): If it was attached to the ground and he detached any amount, he acquires.
(f)Question: Why does he acquire everything by detaching any amount?
(g)Answer (Rav Sheshes): The case is, the seller said 'go make any improvement in the field and acquire it all.'
(a)(Mishnah): If Reuven sells wine or oil to Shimon, and the price went up or down: before the measure is filled, the wine still belongs to Reuven; after the measure is filled, the wine belongs to Shimon.
1.If a middleman was selling and the barrel broke, he suffers the loss.
(b)He must hold the bottle (after the wine or oil stops flowing) until three drops come out;
1.After this, if he tilted the bottle and some drops accumulated, they belong to Reuven.
(c)A grocer need not wait for three drops;
(d)R. Yehudah says, just before Shabbos he need not wait.
(e)(Gemara) Question: (In the Reisha,) who owns the measuring Kli?
1.If Shimon owns it, before the measure is filled, the wine should belong to Shimon!
(f)Answer #1: Reuven owns it.
(g)Objection: If so, after the measure is filled, the wine should still be Reuven's!
(h)Answer #2 (R. Ila'i): It belongs to a middleman.
(i)Question: The next clause says that if a middleman was selling, if the barrel broke, he suffers the loss. This implies that the Reisha does not discuss a middleman!
(j)Answer: The Reisha discusses the Kli of a middleman. In the next clause, the middleman himself was selling.
(k)(Mishnah): After this, if he tilted the bottle and some drops accumulated, they belong to Reuven.
(l)Contradiction (R. Elazar - Mishnah): (If one declared a bottle of wine to be Terumah,) if he tilted the bottle (after pouring it out) and some drops accumulated, they are Terumah.
(m)Answer (R. Avahu): Here, they belong to Reuven because Shimon despairs (of getting any more) after the three drops.
(n)(Mishnah): A grocer need not wait for three drops. (R. Yehudah says, just before Shabbos he need not wait).
(o)Question: Does R. Yehudah argue with the Reisha (that always obligates a regular person), and he is lenient just before Shabbos?
1.Or, does R. Yehudah argue with this clause (that always exempts a grocer), and he is stringent (except for just before Shabbos)?
(p)Answer (Beraisa - R. Yehudah): Just before Shabbos, a grocer need not wait, because he is very busy.
3)ENTRUSTING OBJECTS OF VALUE TO A MINOR
(a)(Mishnah): If Reuven sent his son (a minor, with a coin worth two Isarim) to a grocer (Shimon), who gave to him an Isar worth of oil and an Isar change, and the child broke the flask and lost the Isar, Shimon is liable;
(b)R. Yehudah exempts him, for he did like Reuven wanted.
(c)Chachamim agree that if the child held the flask and Shimon measured into it, he is exempt.
(d)(Gemara) Question: We understand the argument about the Isar and the oil. Chachamim say that the child was sent to inform Shimon to send (the oil and Isar) with an adult, and R. Yehudah says that he wanted Shimon to send them with the child;
1.However, why do Chachamim obligate him for the flask? Reuven knowingly gave it to his son (who is prone to break it)!
(e)Answer #1 (R. Hoshaya): The case is, Reuven sells flasks. Shimon picked it up to see if he wants to buy it.
1.(Shmuel): If one takes a Kli from a craftsman to see if he wants to buy it, and Ones occurred, he is liable.
(f)Objection: If so, Shmuel's law is like Chachamim, but not like R. Yehudah!
(g)Answer #2 (Rabah and Rav Yosef): The case is, Shimon sells flasks (it was his flask). They argue about the flask like they argue about the Isar and oil.
(h)Objection (Seifa): Chachamim agree that if the child held the flask and Shimon measured into it, he is exempt.
1.If Shimon was supposed to send the oil with an adult, why is he exempt? (Tosfos - Rabah and Rav Yosef explain that in the Seifa, Reuven sent his son with a flask. The Gemara does not accept this.)