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BAVA METZIA 106 - Ari Kornfeld has generously sponsored the Dafyomi publications for this Daf for the benefit of Klal Yisrael.

1)

(a)We ask what the Din will be if the owner instructed the Mekabel to plant wheat, and he planted barley, and most of the fields (wheat and barley) in that valley were stricken too. On what grounds might ...

1. ... the Mekabel argue that this is a Makas Medinah, even though he changed from the owner's instructions?

2. ... the Mekabel nevertheless be obligated to pay the owner in full?

(b)Which Pasuk in Iyov might the owner have quoted?

(c)Which side of the She'eilah do we accept?

1)

(a)We ask what the Din will be if the owner instructed the Mekabel to plant wheat, and he planted barley, and most of the fields (wheat and barley) in that valley were stricken too. The ...

1. ... Mekabel might argue that this is a Makas Medinah, even though he changed from the owner's instructions - because had he planted wheat, the same thing would have happened (seeing as the surrounding wheat-fields were also stricken).

2. ... Mekabel might nevertheless be obligated to pay the owner in full - because the latter can counter that, having stipulated that the Mekabel was to plant wheat, he had Davened to Hash-m to bless his wheat crop (and Hash-m would have accepted his prayers, had the Mekabel abided to his instructions).

(b)To back his claim, the owner might have quoted the Pasuk in Iyov "ve'Sigzar Omer ve'Yakem lach, ve'al Derachecha Nagah Or", which teaches us that Hash-m responds favorably to people's individual prayers.

(c)We accept the second side of the She'eilah.

2)

(a)We then ask what the Din will be in a case where ...

1. ... the field in question, together with all the other fields belonging to the owner, suffered draught, but not any of the other fields in the area. If the Mekabel can argue that it must be the owner's Mazel (seeing as all his fields suffered), what can the owner, based on the Pasuk in Yirmiyah "Ki Nish'arnu Me'at me'Harbeh", counter?

2. ... most of the other fields in the area were stricken too, but so were all the other fields belonging to the Mekabel. Why, in spite of the fact that most of the fields in the area were stricken too, might this not be considered a Makas Medinah? How can the owner counter this claim?

(b)Why in this last case, can the Mekabel not counter "Ki Nish'arnu Me'at me'Harbeh" (like the owner did in the previous case)?

(c)How do we conclude regarding this last She'eilah?

2)

(a)We then ask what the Din will be in a case where ...

1. ... the field in question, together with all the other fields belonging to the owner, suffered draught, but not any of the other fields in the area. The Mekabel can argue that it must be the owner's Mazel (seeing as all his fields suffered), but the owner, based on the Pasuk in Yirmiyah "Ki Nish'arnu Me'at me'Harbeh" can counter - that, Hash-m does not usually strip a person of all his assets, but generally leaves him a remnant of what he formerly owned. Consequently, now that his last field was stricken, it must be due to the Mazel of the Mekabel.

2. ... most of the other fields in the area were stricken too, but so were all the other fields belonging to the Mekabel. In spite of the fact that most of the fields in the area were stricken too, this might not be considered a Makas Medinah, because the owner can counter - that the fact that all the Mekabel's fields were stricken too, proves that the draught struck his (the owner's) field due to his (the Mekabel's) Mazel and not because of Makas Medinah.

(b)In this last case, the Mekabel cannot counter "Ki Nish'arnu Me'at me'Harbeh" (like the owner did in the previous case) - because the owner can argue that, had this Pasuk indeed applied to him, then one of his fields would have been spared.

(c)We conclude - that it is indeed the Mekabel's Mazel that caused the owner's field to be stricken.

3)

(a)If someone sells a field in the time when the Yovel is practiced, after how long is the seller permitted to redeem it from the purchaser?

(b)What does the Beraisa say about someone who sold a field during a time of draught, or during the Sh'mitah-year? Which other case does the Tana include in this list?

(c)From where do we know that the Tana is speaking about when there is no produce at all in the entire land?

(d)What do we extrapolate from here which poses a Kashya on our previous interpreting of Makas Medinah?

3)

(a)If someone sells a field in the time when the Yovel is practiced, the seller is permitted to redeem it from the purchaser - only after he has reaped two years produce from it.

(b)The Beraisa rules that if someone sold a field during a time of draught, during the Sh'mitah-year - or during the days of Eliyahu (when there was no rain for three years), they are not counted in the two years.

(c)We know that the Tana is speaking about when there is no produce at all in the entire land - because that is what happened in the time of Eliyahu, and we learn the other cases from that one.

(d)We extrapolate from here - that if produce grew anywhere in the country, it is not considered a Makas Medinah (even though the surrounding fields did not yield anything), because if it was, we currently presume, it would not be counted in the two years produce (a Kashya on our previous interpretation of Makas Medinah).

4)

(a)How does Rav Nachman bar Yitzchak answer the Kashya by quoting the Pasuk in Behar "be'Mispar Sh'nei Tevu'os Yimkor Lach". What does he learn from the word "be'Mispar"?

(b)Rav Ashi asked Rav Kahana why the Shemitah-year is not then counted, bearing in mind that there is produce in Chutz la'Aretz. What did the latter reply?

4)

(a)Rav Nachman bar Yitzchak answers the Kashya by quoting the Pasuk in Behar "be'Mispar Sh'nei Tevu'os Yimkor Lach" (and not just "Sh'nei Tevu'os"), from which he learns - that as long as there are two years' produce, the owner may redeem his field (irrespective of the fact that all the local fields did not produce during those two years either, and it was a Makas Medinah.

(b)Rav Ashi asked Rav Kahana why the Shemitah-year is not then counted, bearing in mind that there is produce in Chutz la'Aretz. To which he replied that - since the Torah forbids planting in Eretz Yisrael, it cannot be counted as a year of produce.

5)

(a)Somebody who declares his field Hekdesh and then comes to redeem it, pays a Sela and a Pundiyon per Beis Sa'ah, for each year until the Yovel. How do we arrive at this figure?

(b)If a field in the Shemitah is considered non-existent in this regard, then why is it deducted from the price when somebody declares his field Hekdesh and then comes to redeem it?

(c)How do we know that it is deducted from the price?

5)

(a)Somebody who declares his field Hekdesh and then comes to redeem it, pays a Sela and a Pundiyon per Beis Sa'ah, for each year until the Yovel. We arrive at this figure - by dividing the fifty Sela'im that the Torah requires him to pay for the full term by forty-nine (the number of years in the full cycle until the Yovel, and there are forty-nine Pundeyonim in a Sela).

(b)In spite of the fact that a field in the Shemitah is considered non-existent in this regard, it is nevertheless deducted from the price when somebody declares his field Hekdesh and then comes to redeem it - because although the field cannot be sown in the Sh'mitah, it does have other uses, such as spreading out fruit in it to dry.

(c)We know that it is deducted from the price - because otherwise we would have to divide the fifty Shekalim into forty-two years (rather than forty-nine), and each year's produce would then be worth almost a Sela and a Dinar (and the Mishnah gives the price as a Sela and a Pundeyon!)

6)

(a)How does Shmuel qualify the Din of Makas Medinah? In which case does he obligate the Choker to give the owner his due even in a case of Makas Medinah?

(b)What is the significance of the Pasuk in Tehilim "Lo Yevoshu be'Eis Ra'ah u'vi'Yemei Re'avon Yisba'u" in this regard?

6)

(a)Shmuel qualifies the Din of Makas Medinah, confining it to where the Choker sowed the field, the crops grew and the locusts ate them - but if he did not even sow the crops, then he will obligate the Choker to give the owner his due even when there is a Makah Medinah ...

(b)... because, based on the Pasuk "Lo Yevoshu be'Eis Ra'ah u'vi'Yemei Re'avon Yisba'u" - the owner can claim that, had the Choker sowed the crops, Hash-m may well have caused them to grow in spite of the Makas Medinah.

7)

(a)What does the Beraisa say about a shepherd who forsook his flock to go to town, and whilst he was away, a wolf or a lion killed one of the sheep?

(b)In view of what we just said, why can the owner not hold the Choker liable on the grounds that, had he been there, he might have saved the flock in a miraculous way (like David Hamelech did when he was a shepherd)?

(c)What do we mean when we refer to the miracle that occurred with Rebbi Chanina ben Dosa?

(d)We conclude however, that this answer is not satisfactory. How could the owner have countered the shepherd's argument?

7)

(a)The Beraisa rules that a shepherd who forsook his flock to go to town, and whilst he was away, a wolf or a lion killed one of the sheep - is not automatically liable, but we assess whether, had he been there, he would have been able to save the sheep or not.

(b)In spite of what we just said, the owner cannot hold the Choker liable on the grounds that, had he been there, he might have saved the flock in a miraculous way (like David Hamelech did when he was a shepherd) - because the Choker can counter - that if Hash-m wanted to perform miracles, he could have saved the sheep anyway, like the miracle that He performed with Rebbi Chanina ben Dosa ...

(c)... when, following his request - the goats came back carrying in their horns the bears that they had killed.

(d)We conclude however, that this answer is not satisfactory - because the owner could have countered - that although he was not worthy of such an open miracle, he might have been worthy of a hidden miracle, such as the Mekabel miraculously saving his sheep, had he been there.

106b----------------------------------------106b

8)

(a)One Beraisa obligates the Mekabel to sow the field again the following year, after the locusts ate the crops, but not a third year. What does a second Beraisa say?

(b)We reconcile the two Beraisos by establishing them like Rebbi and Raban Shimon ben Gamliel respectively. Over what do Rebbi and Raban Shimon ben Gamliel argue?

(c)What is the basis of their Machlokes?

8)

(a)One Beraisa obligates the Mekabel to sow the field again the following year, after the locusts ate the crops, but not a third year. A second Beraisa - obligates him even the third year, but not the fourth.

(b)We reconcile the two Beraisos by establishing them like Rebbi and Raban Shimon ben Gamliel respectively - who argue over a woman who lost two husbands. According to Rebbi, she is an established Katlanis (an inadvertent murderer), and men are forbidden to marry her, whereas Raban Shimon ben Gamliel forbids it only if she marries again and her third husband has died.

(c)The basis of their Machlokes is whether something that occurs twice makes a Chazakah (Rebbi) or three times (Raban Shimon ben Gamliel).

9)

(a)Bearing in mind what we just learned regarding where the locusts devoured the crops, what does Resh Lakish say in a case where the Mekabel sowed a field and the crops did not grow?

(b)According to Rav Papa, this applies up to the time that the Arisim come in the from the fields and Kimah is in the middle of the sky. What is 'Kimah'?

(c)To which month does this apply?

9)

(a)Despite what we just learned regarding where the locusts devoured the crops, Resh Lakish states that if the Mekabel sowed a field and the crops did not grow - he is obligated to sow the field again.

(b)According to Rav Papa, this applies up to the time that the Arisim come in the from the fields and Kimah is in the middle of the sky. 'Kimah' is - the tail of Mazel T'leh (Lamb).

(c)This applies to - the month of Adar.

10)

(a)How long does it take from the time the Mazel first appears on the horizon until it is completely in the sky?

(b)Which Mazel appears at dawn-break during the month of ...

1. ... Nisan?

2. ... Adar?

(c)How do we arrive at the conclusion that Kimah is completely in the middle of the sky at the end of the tenth hour in the month of Adar?

10)

(a)It take two hours from the time the Mazel first appears on the horizon until it is completely in the sky.

(b)The Mazel that appears at dawn-break during the month of ...

1. ... Nisan - is T'leh.

2. ... Adar - is Dagim.

(c)We arrive at the conclusion that Kimah is completely in the middle of the sky at the end of the tenth hour in the month of Adar - because in Adar, T'leh, which follows Dagim, begins to rise in the third hour. And since it takes six hours to reach the middle of the sky, and two hours to pass any given spot, T'leh finally passes the middle of the sky at the end of the tenth hour, and that is when Kimah, its tail, appears place there.

11)

(a)The Tana'im divide the year into six seasons, of which the first, third and fifth are Zera, Kor and Kayitz. Which season follows ...

1. ... Zera?

2. ... Kor?

3. ... Kayitz? Why is mid-summer called 'Kayitz'?

(b)If Choref and Kayitz are at opposite ends of the spectrum (mid-winter and mid-summer respectively), what is at the opposite end of ...

1. ... Zera?

2. ... Kor?

(c)Raban Shimon ben Gamliel quoting Rebbi Meir and Rebbi Shimon ben Menasyah maintain that the first season (Zera [as told to No'ach]) begins in the middle of Tishri; whereas according to Rebbi Yehudah, it begins two weeks earlier, at the beginning of Tishri. What does Rebbi Shimon say?

(d)How do we then reconcile Rav Papa, who just gave the time for Zera as Adar, with this Beraisa? What is 'Charfi' and what is 'Afli'?

11)

(a)The Tana'im divide the year into six seasons, of which the first, third and fifth are Zera, Kor and Kayitz. The season that follows ...

1. ... Zera is - Choref (winter).

2. ... Kor is - Katzir (harvest).

3. ... Kayitz is - Chom (the hot season). Midsummer is called Kayitz because that is when they one cuts dried dates and figs, which are called 'Kayitz'.

(b)If Choref and Kayitz are at opposite ends of the spectrum (mid-winter and mid-summer respectively), at the opposite end of ...

1. ... Zera is - Katzir.

2. ... Kor is - Chom.

(c)Raban Shimon ben Gamliel quoting Rebbi Meir and Rebbi Shimon ben Menasyah maintain that the first season (Zera [as told to No'ach]) begins in the middle of Tishri, and according to Rebbi Yehudah, it begins two weeks earlier, at the beginning of Tishri. Whereas according to Rebbi Shimon - it begins two weeks later, at the beginning of Marcheshvan.

(d)We reconcile Rav Papa, who just gave the time for Zera as Adar, with this Beraisa - by establishing the Beraisa by 'Charfi' (the early crops, such as wheat and rye), and Rav Papa by 'Afli' (the late crops, such as barley and legumes).

12)

(a)What happened in the case of a Choker who undertook to plant garlic on the banks of the River Malka Saba?

(b)In what way did this affect his Chakranus?

(c)What did Rava rule there?

(d)What did Rava reply, when the Rabbanan queried him from Rebbi Yehudah in our Mishnah, who precludes a Choker who pays money, from the Din of Makas Medinah?

12)

(a)When a Choker undertook to plant garlic on the banks of the River Malka Saba, the waters of that river were diverted, so the river banks where he had planted the garlic became dry.

(b)This affected his Chakranus - inasmuch as garlic require moist earth in order to flourish.

(c)Rava therefore ruled - that, due to the fact that the diversion of the river was unforeseeable, it fell into the category of Makas Medinah, and the Choker was permitted to deduct from the amount that he gave the owner.

(d)When the Rabbanan queried him from Rebbi Yehudah in our Mishnah, who precludes a Choker who pays money from the Din of Makas Medinah, he replied - that nobody takes the least heed of Rebbi Yehudah's opinion.

13)

(a)Our Mishnah rules that if the crops were stricken in any way, the Mekabel is entitled to pay the owner from the inferior crops themselves. Is the Tana talking about Kablanus of Chakirus?

(b)On the other hand, should the field yield superior-quality crops, is he entitled to pay the owner with regular crops that he purchased from the market?

13)

(a)Our Mishnah rules that if the crops were stricken in any way, the Mekabel is entitled to pay the owner from the inferior crops themselves. The Tana must be speaking about Chakirus - because by Kablanus, it is obvious that the owner receives whatever grows.

(b)On the other hand, should the field yield superior-quality crops - he is not entitled to pay the owner with regular crops that he purchased from the market (as we learned earlier in the Sugya).

14)

(a)What is the advantage of planting Aspasta (which is used as animal fodder)?

(b)What did that Mekabel who undertook to plant Aspasta but to pay the owner barley, do? What happened subsequently?

(c)What did Ravina tell Rav Chaviva mi'Sura, who thought that this might be compared to our Mishnah, which permits the Choker to pay with the stricken crops?

(d)In another case, where a Choker undertook to pay the owner ten barrels of wine from the vineyard that he had been Choker, the wine turned sour. What did Rav Ashi point out, when Rav Kahana, comparing this case to our Mishnah, wanted to permit the Choker to pay the owner with the sour wine?

(e)Under which circumstances would Rav Ashi have conceded to Rav Kahana?

14)

(a)The advantage of planting Aspasta (which is used as animal fodder) is - that it only takes thirty days to grow, and one can therefore obtain a number of yields each year.

(b)That Mekabel who undertook to plant Aspasta but to pay the owner barley - tried planting barley after the Aspasta. Unfortunately, the barley crop was stricken.

(c)When Rav Chaviva mi'Sura thought that this might be compared to our Mishnah, which permits the Choker to pay with the stricken crops, Ravina told him - that it was not, since in this case, the field produced Aspasta successfully, and had he planted Aspasta as planned, the crop would not have been stricken.

(d)In another case, where a Choker undertook to pay the owner ten barrels of wine from the vineyard that he had been Choker, the wine turned sour. When Rav Kahana, comparing this case to our Mishnah, wanted to permit the Choker to pay the owner with the stricken wine, Rav Ashi pointed out - that here too, the grape harvest was successful, and it was only later that the wine turned sour, in which case, the Choker would have to purchase good wine from the market with which to pay the owner.

(e)Rav Ashi would have conceded to Rav Kahana however - if the grapes had become wormy (before he made wine from them), or if, in a parallel case, wheat became stricken in its sheaves (whilst they still needed the ground).

15)

(a)The Tana Kama of our Mishnah permits a Mekabel who undertook to plant barley, to plant wheat, but not vice-versa. Why is that?

(b)Is the Tana speaking about Kablanus or Chakirus?

(c)Why does he also forbid changing from produce to legumes, but permit the opposite?

(d)What does Raban Shimon ben Gamliel say in both cases?

15)

(a)The Tana Kama of our Mishnah permits a Mekabel who undertook to plant barley to plant wheat, but not vice-versa - because wheat weakens the earth more than barley does.

(b)The Tana is speaking about Chakirus - because a Kablan would be permitted to change to wheat, since it produces more, and the owner prefers to gain now, even though his land is weakened in the process, as we learned earlier (see also Hagahos ha'G'ra and Rashash).

(c)He also forbids changing from produce to legumes, but permits the opposite - because legumes too, weakens the field more than produce.

(d)Raban Shimon ben Gamliel - forbids changing from either one to the other in both cases.

16)

(a)How does Rav Chisda apply the Pasuk in Tzefanyah "She'eiris Yisrael Lo Ya'asu Avlah ve'Lo Yedabru Chazav ... ", in connection with our Mishnah?

(b)We already discussed the Beraisa 'Mageves Purim le'Purim, ve'Ein Medakdekin be'Davar' in the sixth Perek. What does Raban Shimon ben Gamliel say about that?

(c)Abaye resolves the apparent contradiction in the two rulings of Raban Shimon ben Gamliel by citing Mar. Who is Mar? What does he say about sowing one year wheat and the next year, barley, or one year from east to west, and the next, from north to south?

(d)How does this explain Raban Shimon ben Gamliel in our Mishnah?

(e)In which case would even Raban Shimon ben Gamliel then permit a change from wheat to barley or from legumes to produce?

16)

(a)Rav Chisda applies the Pasuk in Tzefanyah "She'eiris Yisrael Lo Ya'asu Avlah ve'Lo Yedabru Chazav ... " - to explain Raban Shimon ben Gamliel, who forbids the Choker to change, even from wheat to barley ... .

(b)We already discussed the Beraisa 'Mageves Purim le'Purim, ve'Ein Medakdekin be'Davar' in 'ha'Socher es ha'Umnin'. Raban Shimon ben Gamliel - permits changing from one Tzedakah to another, because it makes no difference to the owner (so we assume that he doesn't mind).

(c)Abaye resolves the apparent contradiction in the two rulings of Raban Shimon ben Gamliel by citing Mar (alias Rabah), who says - that sowing one year wheat and the next year, barley, or one year from east to west, and the next, from north to south - is a sure way of draining one's land of its productive capabilities (see Tosfos DH 'Hai Ma'an').

(d)And the reason that Raban Shimon ben Gamliel in our Mishnah forbids changing is - because we suspect that the owner planted wheat or legumes the previous year, and he stipulated that the Choker plant legumes or wheat, so as not to spoil his land.

(e)Even Raban Shimon ben Gamliel will permit a change from wheat to barley or from legumes to produce however - provided the Choker is willing to plow the field twice, once after the harvest and again before sowing.

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