BAVA METZIA 105 (6 Sivan) - Dedicated by Eddie and Esther Turkel in memory of Chaim Yosef ben Ephraim Henoch HaLevi z”l.

1)

WHAT IS CONSIDERED ONE ISKA? [last line on previous Amud]

(a)

(Rava): If two documents were written for one Iska, it is considered two investments. This hurts the lender (if there is a loss on one and a gain on the other, his share of the loss is more than his share of the gain, so it is not Ribis. Had it all been in one document, the loss and profit would have cancelled each other);

(b)

If two Iskos were combined into one document, it is considered one investment. This hurts the borrower (if there is a loss on one and a gain on the other, they cancel each other. Had it all been in two documents, his share of the loss would have been less than his share of the gain.)

(c)

(Rava): If Reuven received an Iska from Shimon, and there was a loss, and Reuven then toiled (R. Chananel - after the time for the Iska expired; Ra'avad - using money of another Iska) and recovered the loss, without telling Shimon, he cannot force Shimon to accept a larger share of the loss than of the gain;

1.

Shimon can say that Reuven toiled in order that people will not say that he is a failure regarding Iska.

(d)

(Rava): If Reuven and Shimon jointly received an Iska from Levi, and there was a profit, and Reuven wanted to stop in the middle, Shimon can demand that they continue for the agreed time;

1.

Reuven cannot demand to take his share of the profits, because the profit is tied to the principal (perhaps they will need to use the profits).

2.

He cannot demand to take his share of the profits and principal. Each partner's share is tied to the other;

3.

Even if Reuven offers 'if you will lose, I will share the loss with you', Shimon can demand that they stay together, for the Mazal of two people is better than that of one.

2)

RESPONSIBILITY OF A WORKER [line 15]

(a)

(Mishnah): If Reuven was Chocher a field from Shimon; he cannot refuse to weed, even though he pays the agreed rental;

1.

Shimon can say 'I do not want the field to be full of weeds when you leave.'

(b)

(Gemara): Even if Reuven offers to plow afterwards to kill the weeds, Shimon can refuse. He can say 'if you do not weed, (my share of the) the Peros will be low quality.'

1.

Reuven cannot offer to buy good Peros to pay the rental. Shimon can demand Peros of his own field.

2.

Reuven cannot offer to weed only the portion from which he must pay the rental. Shimon can say 'I do not want my land to get a bad reputation.'

(c)

Objection (Mishnah): Shimon can say 'I do not want the field to be full of weeds when you leave.'

1.

Inference: This is Shimon's only claim!

(d)

Retraction: Rather, Reuven's offer to plow afterwards is insufficient, for seeds of the weeds will sprout the next year.

(e)

(Mishnah): If Reuven accepted to be a sharecropper on Shimon's field and it produced very little, if it produces enough to make a pile, Reuven must work it;

(f)

R. Yehudah: That is unreasonable (the quantity should depend on the size of the field)!

1.

Rather, it must yield as much as the seeds (this will be explained later).

(g)

(Gemara - Beraisa): If Reuven accepted to be a sharecropper on Shimon's field and it produced very little, if it produces enough to make a pile, Reuven must work it, for he writes 'I will plow, seed, harvest, thresh, winnow and make a pile, and we will each take half.'

(h)

Question: What is considered a pile?

(i)

Answer (R. Yosi b'Rebbi Chanina): Ii enough that the pitchfork will stand in it.

(j)

Question: If the prongs can be seen from both sides, what is the law?

(k)

Answer (R. Avahu): The prongs must be totally covered.

(l)

(Levi): It must produce three Sa'im.

(m)

(D'Vei R. Yanai): It must produce two Sa'im.

(n)

(Reish Lakish): The two Sa'im are above the expenditures.

3)

LAWS OF TUM'AH THAT DEPEND ON WEAK THINGS [line 31]

(a)

(Mishnah - Beis Shamai): Pritzei (this will be explained) olives and grapes receive Tum'ah;

(b)

Beis Hillel say, they do not receive Tum'ah.

(c)

Question: What are Pritzei olives?

(d)

Answer (Rav Huna): They are bad olives that never fully ripen.

(e)

Question: How much oil can they produce and still be considered Pritzei?

(f)

Answer #1 (R. Elazar): The limit is four Kavim of oil from the amount of olives pressed at once under a beam.

(g)

Answer #2 (d'Vei R. Yanai): It is two Sa'im (12 Kavim) from this amount of olives.

1.

They do not argue. In R. Elazar's area, one Kor (30 Sa'im) of olives are pressed under a beam at once. In R. Yanai's area, three Kor are pressed.

105b----------------------------------------105b

(h)

(Beraisa): If a Zav (a man Tamei due to emissions) and a Tahor person went together on a weak tree or branch, the Tahor person is Tamei. (Rambam - the Zav makes the tree or branch bend. This moves the Tahor person.)

(i)

Question: What is considered a weak tree?

(j)

Answer (d'Vei R. Yanai): At the trunk (Chachmas Mano'ach - where the branches come out), it is too thin to carve out a quarter of a Kav.

(k)

Question: What is considered a weak branch?

(l)

Answer (Reish Lakish): It is so thin that it can be concealed (surrounded) by one's hand.

(m)

(Mishnah): (A Beis ha'Pras is a field in which a grave was plowed. We are concerned lest the plow dragged bones.) If one walked through a Beis ha'Pras on top of rocks that one can move, or rode on a weak person or animal, he is Tamei (mid'Rabanan, for perhaps his weight helped move a bone).

(n)

Question: What is considered a weak person?

(o)

Answer (Reish Lakish): When he carries someone, his knees knock together.

(p)

Question: What is considered a weak animal?

(q)

Answer (d'Vei R. Yanai): When one rides it, it excretes.

4)

LOADS THAT MUST BE PUT DOWN [line 10]

(a)

(D'Vei R. Yanai): Four Kavim is the quantity for prayer and Tefilin.

(b)

Question: To which law of prayer does he refer?

(c)

Answer (Beraisa): If one is carrying a load on his shoulder, if it is less than four Kavim, he casts it on his back and prays. If it is four Kavim or more, he must put it down before praying.

(d)

Question: To which law of Tefilin does he refer?

(e)

Answer (Beraisa): One may not carry a load of four Kavim on his head while wearing Tefilin on his head if it compresses them;

1.

If it does not compress them, it is permitted.

(f)

(R. Chiya): If one is wearing Tefilin and carries manure on his head, he should not move the head Tefilin to the side or tie them on his thigh, for this is disgraceful;

1.

Rather, he should tie them on his arm, next to his hand Tefilin.

(g)

(D'Vei Shila): One may not carry even a Tefilin bag on his head while wearing Tefilin on his head.

(h)

Question: According to d'Vei Shila, how much may one carry on his head along with Tefilin?

(i)

Answer (Abaye): Even a 16th of a Litra of Pumbedisa is forbidden.

5)

THE AMOUNT OF PEROS WORTH FARMING [line 24]

(a)

(Mishnah - R. Yehudah): It is unreasonable to say 'a pile.' Rather, it must yield as much as the seeds.

(b)

Question: How much is this?

(c)

Version #1 (Rashi) Answer #1 (R. Ami citing R. Yochanan): It is when a Beis Kor produces (enough grain so that the volume of its seeds is) four Sa'im (Gra - four Kavim. Normally, when seeded, this produces a Kor.)

(d)

Version #2 (Tosfos) Answer #1 (R. Ami citing R. Yochanan): It is when the amount of land fitting to produce a Kor of Peros produces only four Sa'im (the amount needed to seed land of this size). (end of Version #2)

(e)

Answer #2 (R. Ami himself): It is when that amount of land produces eight Sa'im (Gra - Kavim).

(f)

(An elder): (They do not argue). In R. Yochanan's day, land was more fertile. From (Rashi - the yield of) four Sa'im one could seed such an area of land. In R. Ami's day, eight Sa'im were needed.

(g)

(Mishnah): If wind scattered Reuven's sheaves (and we do not know how much Leket (fallen sheaves that must be left for the poor) was there), we estimate how much Leket normally falls, and he gives this to the poor;

(h)

Version #1 (Rashi): R. Shimon ben Gamliel says, (we need not estimate;) he gives the amount of Leket that normally falls (it is fixed).

(i)

Version #2 (Rambam): R. Shimon ben Gamliel says, he gives the amount that we seed (in a field of this size). (end of Version #2)

(j)

Question: How much is this?

(k)

Answer (Rav Dimi citing R. Yochanan): It is four Kavim to a Kor.

(l)

Question (R. Yirmiyah): Does he mean an area that normally produces a Kor of grain, or in which one plants a Kor of seeds?

(m)

Answer (Ravin): It is for a Kor of seed.

(n)

Question: Does he refer to seeding by hand, or (when the seeds fall from a punctured Kli drawn) by oxen?

(o)

This question is not resolved.

6)

REGION-WIDE AFFLICTIONS [line 34]

(a)

(Mishnah): If Reuven was a Chocher on Shimon's field and the crop was stricken by locusts or withered (by the sun or wind):

1.

If the entire province was stricken, he deducts from the rental. If not, he pays the full rental.

2.

R. Yehudah says, if the rent was a fixed amount of money, in either case he pays the full rental.

(b)

(Gemara) Question: What is a region-wide affliction?

(c)

Answer #1 (Rav Yehudah): The majority of the valley was stricken.

(d)

Answer #2 (Ula): Fields in all four directions were stricken.

(e)

Questions (according to Ula): If only the closest row of the surrounding fields was stricken, what is the law? If the surrounding fields were stricken, except for the row closest to Shimon's field, what is the law?

(f)

Questions: What if the law if the following separated between them: a fallow field; fields planted for fodder (that were not stricken. Do we say that had they been planted with grain, they would have been stricken?); fields planted for a different crop (for people, and they were not stricken)?