76b----------------------------------------76b
5)
(a) We would have been able to resolve our She'eilah had Rav presented the reverse case. What would the case then have been?
(b) What would Rav then have ruled had he maintained that the husband relies on ...
1. ... what the woman really said?
2. ... the Shali'ach?
(c) Why do we not rule in the former case, that having informed the husband that the woman had asked him to become a Shali'ach l'Holachah, the Shali'ach clearly declined to be a Shali'ach l'Kabalah, like we just explained in the case of Rav (in which case, she ought not to be divorced at all)?
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6)
(a) Although we have explained 've'Hit'u Zeh Es Zeh' in many ways, how do we finally explain it, based on the Beraisa 'ha'Socher Es ha'Umnin ve'Hit'u Es Ba'al ha'Bayis ... ', Ein lahem Ela Tar'umos'? How do we resolve our original problem concerning the Lashon 've'Hit'u Zeh Es Zeh'?
(b) Should he retract, what will the ...
1. ... employer say to the laborer?
2. ... laborer say to the employer?
(c) How does the Tana qualify this ruling? When would the laborer have a monetary claim against the employer? How much would he be obligated to pay him?
(d) What does the Tana mean when he says 'Aval Eino Domeh ha'Ba Ta'un le'Ba Reikan Oseh Melachah le'Yoshev Batel'?
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7)
(a) The Beraisa then switches to the Din of a contractor (see Maharsha) who retracts after having begun to work. What will be the Din if a laborer who was hired to reap a field of corn or to weave a garment for two Sela'im, retracts half way, assuming the laborer who replace him ...
1. ... also asks the same price?
2. ... asks six Dinarim (one and a half Sela'im) for the second half of the work?
(b) With which point does Rebbi Dosa disagree? What does he say?
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8)
(a) And what does the Tana say in a case where their retraction causes the employer a loss?
(b) 'Socher Aleihen O Mata'an'. How do we interpret 'Mata'an'?
(c) Up to how much is the employer permitted to employ new laborers at their expense?
(d) In which case does the employer not have anything more than complaints against laborers who retract, even if their retraction causes a loss?
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9)
(a) How did the Beraisa-expert explain the above-mentioned Beraisa ('Aval Halchu Chamarim ve'Lo Matz'u Tevu'ah ... , Nosen lahen S'charan mi'Shalem')?
(b) What did Rav comment on this?
(c) Why did the Beraisa-expert ignore the continuation of the Beraisa, which supports Rav's opinion?
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10)
(a) In the second Lashon, the Beraisa-expert did cite the continuation of the Beraisa. What did Rav then comment on that?
(b) How do we reconcile Rav with the Beraisa?
(c) What does Rava say about someone who hires laborers to dig in his field, and then it rains heavily. In which case do the laborers bear the loss, and in which case must the employer pay them like a Po'el Batel?
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Index to Review Questions and Answers for Maseches Bava Metzia
