Mishnah 1
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1)

(a)What does the Mishnah say about an employer who hires Umnin (tradesmen [See Tos. Yom-Tov DH 'ha'Umnin' & 've'Hit'u Zeh es Zeh']) who trick each other?

(b)According to the first explanation, it speaks where the employer cites a figure of four Dinrim per day. What did the 'Uman' do?

(c)What is the Din? How much does the employer have to pay?

(d)Against whom do the employees now have complaints?

(e)Why can they not claim four?

1)

(a)The Mishnah rules that if the Umnin (tradesmen [See Tos. Yom-Tov DH 'ha'Umnin' & 've'Hit'u Zeh es Zeh']) whom the employer hires trick each other - they only have complaints against one another.

(b)According to the first explanation, it speaks where the employer cites a figure of four Dinrim per day - but the (already employed) 'Uman' informs the new Umnim that the employer will pay them three.

(c)At the end of the day, the employer has to pay them - only three Dinrim ...

(d)... and the employees now have complaints - against the 'Uman who cited them three Dinrim instead of four.

(e)They cannot claim four - because they agreed to work for three.

2)

(a)According to the second explanation, they retracted. Who retracted?

(b)At which stage are they permitted to retract?

2)

(a)According to the second explanation - either the workers or the employer retracted ...

(b)... before the workers begin working.

3)

(a)Now the Mishnah discusses a case of someone who hires a donkey-driver or a wagon-driver to bring 'Piryafarin' or flutes for a Kalah or for a Meis, and they retract. What are 'Piryafarin'?

(b)What third case does the Tana add?

(c)What can the employer do if ...

1. ... he can find other employees to replace them?

2. ... other employees are not available (See Tos. Yom-Tov)?

(d)Why can they simply not retract like in the previous cases?

3)

(a)Now the Mishnah discusses a case of someone who hires a donkey-driver or a wagon-driver to bring 'Piryafarin' - (smooth poles with which to put up a Chupah) or flutes for a Kalah or for a Meis (See Tos. Yom-Tov) ...

(b)... or laborers to transport his flax from the soaking-pool, and they retract.

(c)If ...

1. ... he can find other employees to replace them - the employer can hire them at double the rate (See Tos. Yom-Tov), and the original employees must pay the difference.

2. ... other employees are not available (See Tos. Yom-Tov) - he can promise the original employees more, and then pay them what he initially arranged with them.

(d)They cannot simply retract like in the previous cases - since by doing so they cause him a loss.

Mishnah 2
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4)

(a)The Tana now discusses laborers who retracts after having done part of the job. What sort of laborers is he talking about?

(b)What does he mean when he says that ...

1. ... they have the underhand?

2. ... the employer has the underhand should he retract?

(c)The Mishnah concludes with two dual statements. One of them is 'Kol ha'Meshaneh Yado al ha'Tachtonah'. What is the other statement?

4)

(a)When the Tana now discusses a laborer who retracts after having done part of the job. He is talking about - a Kablan (a contractor, as opposed to a worker who is hired for the day [See Tos. Yom-Tov]).

(b)What he means when he says that ...

1. ... they have the underhand is that - if he price of labor rises, he is permitted to withhold the difference, to add on to the wages of the laborers whom he subsequently hires to replace them; whereas should the price drop, he pays them according to the original terms (they cannot claim more, even though he is paying the new employees less).

2. ... the employer has the underhand should he retract is that - he is obligated to pay them according to the original terms, even if the price of work drops (See Tos. Yom-Tov).

(c)The Mishnah concludes with two dual statements. 'Kol ha'Meshaneh Yado al ha'Tachtonah' - and 'Kol ha'Chozer bo, Yado al ha'Tachtonah'.

5)

(a)What is 'Kol ha'Meshaneh ... ' referring to?

(b)In what way does he have the underhand?

(c)And which case, in connection with a sale, does 'Kol ha'Chozer ... ' come to include?

(d)In what way does ...

1. ... Shimon have the underhand if he retracts?

2. ... Reuven have the underhand if he retracts?

5)

(a)'Kol ha'Meshahatneh ... ' is referring to - a dyer, for example, who dyes the garment he is given black instead of red.

(b)He has the underhand in that - the owner only needs to pay him for whichever is less of the expenses and the improvement (See Tos. Yom-Tov).

(c)Whereas 'Kol ha'Chozer ... ' comes to include - where either Reuven or Shimon retracts from the sale of a field which the former sold the latter for a thousand Zuz after the latter has already paid two hundred Zuz.

(d)If ...

1. ... Reuven retracts, he has the underhand in that - Shimon has the option of either asking for his money back or for a piece of land worth two hundred Zuz.

2. ... Shimon retracts, he has the underhand, inasmuch as - Reuven has the option of either returning Shimon's money or giving him a piece of land worth two hundred Zuz.

Mishnah 3
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6)

(a)What does the Mishnah say about a case where Reuven hires a donkey to take it to the mountains and he takes it to the valley or vice-versa (even if the donkey did not slip or fall), even assuming both journeys are the same distance?

(b)What is the reason for this ruling?

6)

(a)If Reuven hires a donkey to take it to the mountains and he takes it to the valley or vice-versa (even if the donkey did not slip or fall and) even assuming that both journeys are the same distance (see Tos. Yom-Tov), the Mishnah rules - that he is Chayav ...

(b)... because Shimon can claim that the donkey was not used to the air of the valley (in the former case) or that it was not used to the air of the mountain (in the latter [See also Tos. Yom-Tov]).

7)

(a)The Tana now discusses a case where the donkey 'Hivrikah' or 'Na'asis Angarya'. What might 'Hivrikah' mean, besides became blind (See Tiferes Yisrael [See also Tos. Yom-Tov])?

(b)What does 'Na'asis Angarya' mean?

(c)What does the Mishnah rule in these cases? What can Shimon say to Reuven?

(d)The Din of Hivrikah only applies however, where Reuven initially rented '*this* donkey', but not where he rented 'a donkey'. On what condition will Shimon be Chayav to replace it, even if he initially gave him 'this donkey'?

(e)Why is that?

7)

(a)The Tana now discusses a case where the donkey 'Hivrikah' meaning either that it became blind (See Tiferes Yisrael [See also Tos. Yom-Tov]) or that - its feet became wormy ...

(b)'Na'asis Angarya' that - the king's men took it to work for the king (See Tos. Yom-Tov).

(c)The Mishnah rules in these cases that Shimon can say to Reuven - 'There is the animal that I rented to you. Take it!'

(d)The Din of Hivrikah only applies however, where Reuven initially rented '*this* donkey' (See Tos. Yom-Tov), but not where he rented 'a donkey' or even if he rented 'this donkey' - only (not to transport goods, but) to ride in which case, Shimon will be Chayav to replace it ...

(e)... since the donkey is no longer fit to ride on, as it might fall off a bridge or throw him into a ditch.

8)

(a)If in one of the latter cases, Shimon refuses to give Reuven a fresh donkey after the latter has reached halfway to his destination, how much must Reuven pay Shimon?

(b)What is Shimon Chayav to do if the donkey dies or breaks a leg (not through Reuven's negligence)?

8)

(a)If in one of the latter cases, Shimon refuses to give Reuven a fresh donkey after the latter has reached halfway to his destination - Reuven need not pay Shimon anything.

(b)In the event that the donkey dies or breaks a leg (not through Reuven's negligence) - Shimon is Chayav to sell the carcass and use the proceeds towards purchasing or renting another donkey for Shimon (See Tos. Yom-Tov DH 'Chayav').

9)

(a)What does the Mishnah rule in a case where Reuven hires a donkey to take it to the mountains and he takes it to the valley and it ...

1. ... slips (and breaks its leg)?

2. ... dies from the heat?

(b)What is the reason for ...

1. ... the former ruling?

2. ... the latter ruling?

(c)And what will be the Din if Reuven hired the donkey to take to in the valley and he takes it to the mountains and one of the same two things happens?

(d)On what condition will he be Chayav even if the donkey dies from heat?

9)

(a)The Mishnah rules In a case where Reuven hires a donkey to take to in the mountains and he takes it to the valley and it ...

1. ... slips (and breaks its leg) that - he is Patur.

2. ... dies from the heat that - he is Chayav.

(b)The reason for ...

1. ... the former ruling is that - if the donkey slips in the valley, one can assume that it would certainly have slipped on a mountain (See Tos. Yom-Tov).

2. ... the latter ruling is - because we can assume that had he taken it in the mountains (where the air is cooler) as per the contract, it would not have died.

(c)If Reuven hires the donkey to take it to the valley and he takes it to the mountains and one of the same two things happens - then he will be Chayav if it slips and breaks a leg and Patur if it dies from the heat.

(d)He will be Chayav even if the donkey dies from heat however - if the animal got hot as a result of the ascent (See Tos. Yom-Tov).

Mishnah 4
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10)

(a)What distinction does the Mishnah draw between Reuven who hires a cow to plow on a mountain and he plows in the valley and vice-versa, and the plow-peg breaks?

(b)Why, in the former case, is he not Chayav for breaking the plow-peg?

(c)What makes threshing legumes more difficult than threshing grain?

(d)What does the Tana therefore rule in a case where Reuven hires a cow to thresh legumes and he threshes grain or vice-versa, and the cow slips and breaks its leg?

10)

(a)Th Mishnah rules that if Reuven hires a cow to plow on a mountain and he plows in the valley the plow-peg breaks - he is Patur, whereas in the reverse case - he is Chayav.

(b)In the former case, he is not Chayav for breaking the plow-peg - because it is customary for the owner of the cow to send his own workers together with the plowing implements to plow on the instruction of the hirer.

(c)Threshing legumes is more difficult than threshing grain - since the animal tends to slip more easily on legumes.

(d)The Tana therefore rules that, in a case where Reuven hires a cow to thresh legumes and he threshes grain and the cow slips and breaks its leg - he is Patur, but Chayav in the reverse case.

Mishnah 5
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11)

(a)What is the basic difference between wheat and barley regarding transportation?

(b)What is the standard load of wheat carried by a donkey?

(c)What is the Mishnah therefore referring to when it talks about Reuven renting a donkey from Shimon to transport wheat and he transports barley?

(d)What is the Din if the donkey is damaged due to the extra bulk of the barley?

11)

(a)The basic difference between transporting wheat and barley is that - barley is lighter than wheat.

(b)The standard load of wheat carried by a donkey is - a Lesech (fifteen Sa'ah = half a Kur).

(c)When the Mishnah talks about Reuven renting a donkey from Shimon to transport wheat and he transports barley - it is talking about a case where he adds three Kabin (See Tos. Yom-Tov) to the Lesech of barley to make up for the reduction in weight(there are a ninety Kabin in a Lesech).

(d)He is nevertheless Chayav if the donkey suffers damages - due to the extra bulk, even though the weight is the same (See Tos. Yom-Tov & Tiferes Yisrael).

12)

(a)What if Reuven rents the donkey in order to transport grain and he transports hay?

(b)What if instead of transporting a Lesech of wheat, he transports a Lesech of barley?

(c)Why is that?

12)

(a)If Reuven rents the donkey in order to transport grain and he transports hay - he is Chayav for the same reason (since hay is more bulky than barley [See Tiferes Yisrael]).

(b)If, however, instead of transporting a Lesech of wheat, he transports a Lesech of barley - he is Patur ...

(c)... because, as we already explained, barley weighs less than wheat.

13)

(a)What does the Tana say about a case where Reuven transports more than he originally stipulated?

(b)For a camel, Sumchus rules that he is Chayav if he adds one Sa'ah. Whom is Sumchus quoting?

(c)How much must one add to the load of a donkey in order to be Chayav?

(d)Like whom is the Halachah?

13)

(a)The Tana rules that if Reuven transports more than he originally stipulated - he is liable for damages to the donkey.

(b)For a camel, Sumchus - quoting Rebbi Meir, rules that he is Chayav if he adds one Sa'ah.

(c)In order to be Chayav for adding to the load of a donkey, according to Sumchus, one must add - three Kabin ...

(d)... and that is the Halachah.

Mishnah 6
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14)

(a)What sort of laborers is the Mishnah referring to when it states that 'All Umnin are Chomrei Sachar'?

(b)What are the ramifications of this ruling?

(c)What makes them Shomrei Sachar? What benefit do they get put of the finished product?

(d)At which stage do they become Shomrei Chinam?

14)

(a)When the Mishnah states that 'All Umnin are Chomrei Sachar', it is referring to - Kablanim (contractors who are hired to work in the owner's domain).

(b)Consequently, should the object get stolen or lost - they are liable.

(c)What makes them Shomrei Sachar is - the fact that they are holding on to the finished product as a security until they get paid.

(d)They become Shomrei Chinam - the moment they invite the owner to take his object and bring the money (See Tos. Yom-Tov).

15)

(a)What is the status of Reuven and Shimon if one says to the other 'You guard my sheep today and I will guard your sheep tomorrow?

(b)What will they be one says 'You guard my sheep in your location and I will guard your sheep in my location!' (both at the same time)?

(c)Why is that?

15)

(a)What is the status of If Reuven one says to Shimon 'You guard my sheep today and I will guard your sheep tomorrow - they are both Shomrei Sachar.

(b)Whereas if he says 'You guard my sheep in your location and I will guard your sheep in my location!' (both at the same time) - they are both Shomrei Chinam ...

(c)... because that falls under the category of 'Shemirah be'Ba'alim' (where Reuven guards for Shimon at the same time as Shimon is working for him [See Tos. Yom-Tov]).

16)

(a)And what does the Tana say in a case where Reuven asks Shimon to guard his object and Shimon replies 'Put it down ...

1. ... in front of me!'

2. ... in front of you!' or 'Put it down!' S'tam?

(b)What is the reason for the latter ruling?

(c)What are the ramifications of being a Shomer Chinam?

16)

(a)The Tana rules, in a case where Reuven asks Shimon to guard his object and Shimon replies 'Put it down ...

1. ... in front of me!' (See Tos. Yom-Tov) - that he becomes a Shomer Chinam.

2. ... in front of you!' or 'Put it down!' S'tam - he is not a Shomer at all ...

(b)... because he has clearly not undertaken to look after it.

(c)A Shomer Chinam is - Chayav for Peshi'ah (negligence) exclusively.

Mishnah 7
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17)

(a)How does the Tana Kama classify Reuven who lends Shimon money against a Mashkon (a security)? What sort of a Shomer is he?

(b)When did he receive the Mashkon, before the loan or after it?

(c)On what grounds is he a Shomer Sachar?

17)

(a)The Tana Kama classifies Reuven who lends Shimon money against a Mashkon (a security) - as a Shomer Sachar ...

(b)... (irrespective of whether he received the Mashkon, before the loan or after it) ...

(c)... because if, whilst he is lends Shimon the money, he is Patur from giving a poor man a loaf of bread ('S'char Mitzvah' [See Tos. Yom-Tov]).

18)

(a)Rebbi Yehudah agrees with the Tana Kama if Reuven lent Shimon fruit. Why is that?

(b)Why does he disagree with him if he lent him money?

(c)Like whom is the Halachah?

18)

(a)Rebbi Yehudah agrees with the Tana Kama if Reuven lent Shimon fruit - because had he not lent it to him, it would have gone bad (whereas now he will eventually receive fresh fruit.

(b)He disagrees with him if he lent him money however - because he does not hold of 'S'char Mitzvah'.

(c)The Halachah is - like the Tana Kama.

19)

(a)What does Aba Shaul say about renting out the Mashkon that one receives from a poor debtor?

(b)Why is that?

(c)On what condition is it permitted?

(d)What are examples of the Heter?

(e)What is the Halachah?

19)

(a)Aba Shaul permits renting out the Mashkon (See Tos. Yom-Tov) that one receives from a poor debtor and deducting the rental from the loan ...

(b)... because it is like returning a lost article (in that he saves him from a financial loss).

(c)It is permitted provided - the income from the rental is good and that the article is not subject to excessive depreciation.

(d)Examples of this are - a hoe and a spade.

(e)The Halachah is - like Aba Shaul.

Mishnah 8
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20)

(a)According to the Tana Kama, a Shomer who is transporting a barrel from one location to another and it breaks must swear. What does he swear?

(b)Which Shomer is he referring to?

(c)Rebbi Eliezer too, heard that he is Patur with a Shevu'ah. Then why does he hold that a Shomer Sachar is Chayav to pay?

(d)On what condition is a Shomer Chinam Chayav to pay too, according to him?

(e)Since logically, Rebbi Eliezer is right, why does the Tana Kama let them off with a Shevu'ah?

20)

(a)According to the Tana Kama, a Shomer who is transporting a barrel from one location to another and it breaks must swear - that he was not negligent (Peshi'ah).

(b)He is referring to - both a Shomer Sachar and a Shomer Chinam.

(c)Rebbi Eliezer too, heard that he is Patur with a Shevu'ah. In fact however, he holds that a Shomer Sachar is Chayav to pay - because a barrel that breaks during transportation is closer to Geneivah va'Aveidah than to Oneis (and a Shomer Sachar is Chayav for Geneivah va'Aveidah).

(d)According to him, a Shomer Chinam too, is Chayav to pay - if it breaks on flat ground, because then it is close to Peshi'ah.

(e)Even though logically, Rebbi Eliezer is right, the Tana Kama lets them off with a Shevu'ah - based on a Takanas Chachamim, since if they are Chayav to pay, nobody will transport barrels for others (See Tos. Yom-Tov).

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