1)

(a)Our Mishnah forbids someone who is Mekabel a field for only a few years, to plant flax. What does he mean by 'a few years'? What is the reason for this ruling?

(b)Why can the Tana only be speaking about Chakirus and not Kablanus?

(c)The Tana also forbids him to take 'be'Koros ha'Shikmah'. What does this mean? Why does the Tana forbid it?

(d)What will the Din then be if he received the field for seven years?

1)

(a)Our Mishnah forbids someone who is Mekabel a field for a few years - (less than seven) to plant flax - because flax weakens the land more than other plants, and it takes seven years for the field to regain its strength.

(b)The Tana can only be speaking about Chakirus and not Kablanus - because by Kablanus, the Mekabel may plant whatever he wishes, since the owner has a share in whatever grows.

(c)The Tana also forbids him to take 'be'Koros ha'Shikmah' - referring to the beams that one makes from the branches of a Shikmah (a non-fruit-bearing tree), which the Tana forbids, because there too, once these branches have been cut off, it takes seven years for them to re-grow. Consequently, it is clear that the Koros ha'Shikmah were not included in the contract.

(d)If he received the field for seven years however - he may plant flax and he may take the Koros ha'Shikmah.

2)

(a)According to Abaye, even though, in the Reisha, the Mekabel cannot cut off the branches for beams, he does receive 'Sh'vach Shikmah'. What is 'Sh'vach Shikmah'?

(b)What does Rava say?

(c)The Beraisa states with regard to a Mekabel who leaves the field - 'Shamin Lo'. How will Rava explain this? If not the Sh'vach Shikmah, what is there to assess?

(d)Why do we need to assess the vegetables and beets? Why can the Mekabel not just take them when he goes?

2)

(a)According to Abaye, even though, in the Reisha, the Mekabel cannot cut off the branches for beams, he does receive 'Sh'vach Shikmah', meaning - that should the tree grow fresh branches, the Mekabel will be entitled to claim the improvement from the owner.

(b)According to Rava however - he does not even take the Sh'vach Shikmah either.

(c)The Beraisa states with regard to a Mekabel who leaves the field - 'Shamin Lo', which, according to Rava refers (not to the Sh'vach Shikmah, but) to - vegetables and beets ...

(d)... which we need to assess - because the Tana is speaking when market day has not yet arrived, in which case there is no point in taking them seeing as he cannot sell them anyway.

3)

(a)We learned in another Beraisa 'ha'Loke'ach Sadeh me'Chaveiro ve'Higi'a Shevi'is, Shamin Lo'. Why do we amend the Beraisa from 'Shevi'is' to 'Yovel'?

(b)We also amend 'ha'Loke'ach' to 'ha'Mekabel', because even Yovel only negates a sale but not Kablanus. Why is that?

(c)Why can the assessment there not now refer to vegetables and beets?

(d)How did Abaye then reconcile the Beraisa with Rava (in whose opinion we do not normally assess the Sh'vach ha'Shikmah)?

(e)Why can we not learn the regular Din of Kablanus from there?

3)

(a)We learned in another Beraisa 'ha'Loke'ach Sadeh me'Chaveiro ve'Higi'a Shevi'is, Shamin Lo'. We amend the Beraisa from 'Shevi'is' to 'Yovel' - because Shevi'is does not negate any transaction.

(b)We also amend 'ha'Loke'ach' to 'ha'Mekabel', because even Yovel only negates a sale but not Kablanus. This is because the Torah writes "ve'ha'Aretz Lo Simacher li'Tzemisus", implying that Yovel only negates a permanent transaction, but not a temporary one.

(c)The assessment there cannot refer to vegetables and beets - because they are Hefker in the Yovel year.

(d)Abaye now reconciles the Beraisa with Rava (in whose opinion we do not normally assess the Sh'vach ha'Shikmah) - based on the Pasuk in Behar "ve'Yatz'a Mimkar Bayis", which teaches us that it is only the actual house (or field) that goes back to the owner in Yovel, but not the improvements.

(e)Neither can we learn the regular Din of Kablanus from there - because the obligation to return the land in the Yovel in the first place, is a 'Gezeiras ha'Kasuv' (so we cannot learn anything from the exceptions either).

4)

(a)What happened in the field that Rav Papa was Mekabel in order to plant Aspasta?

(b)What did Rav Shisha b'rei de'Rav Idi ask him when he claimed the Sh'vach?

(c)What did Rav Papa mean when he replied 'Hasam La'av Ada'ata de'Hachi Nachis ... '? What is the difference between the two cases?

(d)Does this mean that he holds like Abaye regarding the Din of Sh'vach Shikmah?

4)

(a)Date-palms grew in the field that Rav Papa had been Mekabel in order to plant Aspasta.

(b)When he claimed the Sh'vach, Rav Shisha b'rei de'Rav Idi asked him - whether he would also claim from the Sh'vach if a date-palm that had been there previously, grew in size.

(c)When Rav Papa replied 'Hasam La'av Ada'ata de'Hachi Nachis ... ', he meant - that he initially took over the field for whatever would grow in it, but not for side improvements.

(d)This does not mean that he holds like Abaye regarding the Din of Sh'vach Shikmah - because even Rava only denies the Mekabel the right to the Sh'vach Shikmah because it causes him no loss, whereas in this case, the date-palm grew in the space where he could have planted other things, causing him a loss.

5)

(a)What did Rav Papa reply when Rav Shisha rule that the owner should pay him for the Aspasta that he could have planted where the tree grew?

(b)How did Rav Shisha react to that?

(c)What did he mean when he said 'Sh'kol Kurkema de'Rishka ve'Tul'?

5)

(a)When Rav Shisha b'rei de'Rav Idi ruled that the owner should pay him for the Aspasta that he could have planted where the trees grew - he replied that he had intended to plant the finest crocuses (which were far more valuable than Aspasta) there.

(b)To which Rav Shisha B'rei de'Rav Idi replied - that he had now demonstrated that he was only interested in short-term gains, and not in more lasting ones (since he did not reply that he intended to plant date-palms). Consequently, he should take his crocuses and go ...

(c)... by which he meant - that when he leaves, he would be able to claim from the owner the value of the date-palms to be used for firewood (but not the value of the palms as fruit-trees).

6)

(a)What did Rav Bibi bar Abaye do on the borders of the field that he had been Mekabel?

(b)What did Rav Papi rule when, upon leaving, he claimed from the Sh'vach of the sorb-trees that grew there?

(c)In what way did this case differ from the previous case of Rav Papa, whose basic claim of the Sh'vach of the tree that grew in the field of Kablanus was justified?

(d)And what did Rav Papi mean when he chided him that it is not because he came from Mula'i, that he should make such 'cut-off' claims? What is 'Mula'i'?

6)

(a)When Rav Bibi bar Abaye was Mekabel a field - he built a raised border around the field.

(b)When, upon leaving, he claimed from the Sh'vach of the sorb-trees that grew there - Rav Papi forbade him to take it.

(c)This case differs from the previous case of Rav Papa, whose claim of the Sh'vach of the tree that grew in the field of Kablanus was justified - in that unlike there, where the tree caused him a loss, here, the tree grew on the raised border that he had built around the field, and it was not customary to plant anything on that raised border.

(d)Rav Papi chided him that it is not because he came from Mula'i, that he should make such 'cut-off' claims. 'Mula'i' means - the family of Eli (who were 'cut-off', and destined to die before the age of twenty).

7)

(a)What was Rav Yosef afraid of when his Shasla (planter of vineyards) died leaving five sons-in-law?

(b)So he tried to force them to leave by issuing them with an ultimatum based on a statement of Rav Yehudah (or Rav Huna or Rav Nachman). What did Rav Yehudah say?

(c)What was ultimatum did he then offer them?

(d)Was his ruling justified?

7)

(a)When Rav Yosef's Shasla (planter of vineyards) died leaving five sons-in-law, he was afraid - that working together, they would cause him a loss.

(b)So he tried to force them to leave by issuing them with an ultimatum, based on a statement of Rav Yehudah (or Rav Huna or Rav Nachman), who said - - that when a Shasla dies, one may send his Yesomim away without paying them Sh'vach.

(c)The ultimatum that he offered them was - that either they accept Sh'vach and leave, or he will send them away without Sh'vach.

(d)His ruling however - was not justified, because we do not rule like Rav Yehudah.

8)

(a)If that Shasla stipulated that, if he suffered a loss (in spite of the overall gains), he would leave, and a loss subsequently occurred, Rav Yehudah interpreted his words to mean that, should a loss subsequently occur, he would leave without taking any of the Sh'vach. What did Rav Kahana say?

(b)Rav Kahana conceded however, that if he said so specifically, then he would go out without Sh'vach. On what grounds did Rava disagree with him?

(c)How do we then reconcile Rava with the Mishnah earlier, 'Im Ovir ve'Lo A'avid, Ashalem be'Meitva'?

(d)Runya, the Shasla of Ravina, caused Ravina a loss. What did Rava ...

1. ... rule initially, when he complained that Ravina had terminated his contract?

2. ... reply, when Runya pointed out that he had received no warning?

8)

(a)If that Shasla stipulated that, if he suffered a loss (in spite of the overall gains) he would leave, Rav Yehudah interpreted his words to mean that, should a loss subsequently occur, he would leave without taking any of the Sh'vach. According to Rav Kahana however - that is not what he would have meant, and he would be entitled to take the Sh'vach.

(b)Rav Kahana conceded however, that if he specifically said so, then he would go out without Sh'vach. Rava disagreed with him however, on the grounds - that it was an Asmachta, and, as we learned in 'Eizehu Neshech', 'Asmachta Lo Kanya'.

(c)There is no Kashya on Rava from the Mishnah earlier, 'Im Ovir ve'Lo A'avid, Ashalem be'Meitva' - because there he only has to pay the loss that he caused the owner, whereas here, he is losing all the Sh'vach (in fact, the Din here will be like the Din there; he will lose whatever loss he caused the owner, but receives the remainder of the Sh'vach).

(d)Runya, the Shasla of Ravina, caused Ravina a loss. Rava ...

1. ... ruled initially, when he complained that Ravina had terminated his contract - that Ravina had acted correctly.

2. ... replied, when Runya pointed out that he had received no warning - that due to a ruling of his (Rava [which we will now discuss]), no warning was necessary.

109b----------------------------------------109b

9)

(a)What did Rava say about a children's Rebbe, a Shochet, a Mohel (or a blood-letter) and the town barber? What do they all have in common?

(b)Why does he categorize the mistake of a children's Rebbe as 'an error that cannot be rectified'?

9)

(a)Rava ruled that a children's Rebbe, a Shochet, a Mohel (or a blood-letter) and the town barber (or the Sofer, as some commentaries explain) - must consider themselves warned in advance.

(b)He categorizes the mistake of a children's Rebbe as 'an error that cannot be rectified' - because of the principle 'Shabeshta, Keyvan de'Al Al' (once an error creeps into one's learning, it is difficult to erase).

10)

(a)When that Shasla who had decided to go to Eretz Yisrael asked for the Sh'vach, on what grounds did Rava object when Rav Papa bar Shmuel instructed the owner ...

1. ... to comply with his request?

2. ... to give him half the Sh'vach?

(b)What did Rav Ashi have in mind when he initially thought that a quarter means a quarter that is a sixth? How much does the Aris receive?

(c)He cannot have meant literally a quarter, because of a statement issued by Rav Minyumi b'rei de'Rav Nechumi. What did Rav Minyumi say about a Shasla who wishes to withdraw?

(d)How does this bear out Rav Ashi's explanation?

10)

(a)When that Shasla who had decided to go to Eretz Yisrael asked for the Sh'vach, Rava objected to Rav Papa bar Shmuel's instructions to the owner ...

1. ... to comply with his request, on the grounds - that the land had as much hand in producing the Sh'vach as the Shasla (so why should the latter take all the Sh'vach).

2. ... to give him half the Sh'vach - because that was fine up to the time that he retracted, but from then on, the owner would have to pay the Aris only a third to look after the fruit, so why should the Shasla get paid in full (and the owner lose)?

(b)When Rav Ashi initially thought that a quarter means a quarter that is a sixth - he meant that after the Aris had taken his third (two Dinrim out of six Dinrim, for example), the Shasla would take a quarter of what was left (one Dinar), which is a sixth of the total Sh'vach.

(c)He cannot have meant literally a quarter, because of a statement issued by Rav Minyumi b'rei de'Rav Nechumi - that when a Shasla wishes to withdraw, he receives his portion of the Sh'vach and leaves, in a way that the owner should not lose.

(d)This bears out Rav Ashi's explanation - because if a quarter meant a quarter of the total (one and a half Dinrim), then the owner would lose half a Dinar.

11)

(a)Rav Acha b'rei de'Rav Yosef disagrees. How does he reconcile the Shasla taking literally a quarter, with the owner receiving his full half?

(b)What did Rav Ashi mean when he replied 'Ki Matis li'Shechitas Kodshim, Ta ve'Akshi li'?

(c)How do we know that he was not rejecting his Kashya?

(d)How much does the Shasla receive from ...

1. ... a vine in a vineyard that has become too old to produce any more fruit?

2. ... a vineyard that was swamped by a river that overflowed its banks and no longer produces fruit?

(e)Why the difference?

11)

(a)Rav Acha b'rei de'Rav Yosef reconciles the Shasla taking literally a quarter, with the owner receiving his full half - by the Shasla telling the owner that he should hire an Aris for his own half, but that he (the Shasla) has a right to do as he wishes with his. Consequently, he tells the owner to take three quarters (four and a half Dinrim) of the Sh'vach, of which he must give one and a half to the Aris. He then sells him his own share for one and a half Dinrim, of which he must then give another half a Dinar to the Aris (See Maharsha). In this way, the owner receives his full half (free of charge), the Aris a third, and the Shasla a quarter of the total.

(b)When Rav Ashi replied 'Ki Matis li'Shechitas Kodshim, Ta ve'Akshi li', he meant - that Rav Acha b'rei de'Rav Yosef was sharp-witted, and that he had to admit that he was right (though according to the Rif and many other commentaries, he was merely pushing him off, see Maharsha).

(c)We know that he was not rejecting his Kashya - because first of all, it was sound, and second of all, the Lashon 'Savar Rav Ashi' with which we introduced Rav Ashi's opinion, indicates that this was not his final opinion.

(d)The Shasla receives from ...

1. ... a vine in a vineyard that has become too old to produce any more fruit - half, like a regular Shasla, because, seeing as it is a common occurrence, he goes down to the field with that in mind.

2. ... a vineyard that was swamped by a river that overflowed its banks (either uprooting the trees, or softening the soil, preventing it from producing more fruit for a long time to come) - receives only a quarter ...

(e)... because he is like a Shasla who withdraws.

12)

(a)In the case where a debtor gave his creditor an orchard for ten years, the trees were actually destined to stop producing fruit in five years time. Either it was a Mashkanta de'Sura, or it was a Mashkanta de'Nachyasa. What is a Mashkanta ...

1. ... de'Sura?

2. ... de'Nachyasa?

(b)Abaye considered the trees Peiros. What did Rava say?

(c)The Beraisa discusses a case of 'Yavesh ha'Ilan O Niktzatz, Sheneihem Asurin Bo'. What does the Tana rule there?

(d)What do we mean when we presume 'Yavesh Dumya de'Niktzatz'? Why is this a Kashya on Abaye?

12)

(a)In the case where a debtor gave his creditor an orchard for ten years, the trees were actually destined to stop producing fruit in five years time. It was ...

1. ... either a Mashkanta de'Sura, where the creditor eats the fruit for five years, after which time the field is returned to the debtor, and the debt declared closed.

2. ... or it was a Mashkanta de'Nachyasa - from which one deducts from the debt as he eats, until the debt is paid in full.

(b)Abaye considered the trees Peiros - Rava considered it Keren. Consequently, they sold it, and with the proceeds, they were to purchase a plot of land, from which the creditor would eat the Peiros.

(c)The Beraisa discusses a case of 'Yavesh ha'Ilan O Niktzatz, Sheneihem Asurin Bo'. The Tana concludes 'Yimachru le'Eitzim, ve'Yilakach bahem Karka, ve'Hu Ochel Peiros'.

(d)When we presume 'Yavesh Dumya de'Niktzatz', we mean - that just as the latter is performed in its time (since one does not normally cut down a fruit-tree whilst it still produces fruit, as we learned above), so is the former. Now according to Abaye, the trees are considered Peiros, so why do they need to be sold? Why can the creditor simply not take the wood?

13)

(a)How will Abaye explain the above Beraisa to answer the Kashya?

(b)What does the Beraisa say about a woman who inherited old vines or olive-trees?

(c)What do we try and prove from here?

(d)To reconcile Abaye with the Beraisa, we initially amend the Beraisa to read (not 'Zekeinim', but) 've'Hizkinu' (implying that they aged prematurely), in which case Abaye agrees that they are not considered Peiros (as we already explained). How might we answer Abaye even without amending the wording?

(e)What is the significance of the fact that the woman inherited the trees in someone else's field?

13)

(a)To answer the Kashya - Abaye switches 'Yavesh Dumya de'Niktzatz' to 'Niktzatz Dumya de'Yavesh' which means that just as Yavesh happens prematurely (since one would normally cut it down as soon as it stops producing fruit, before it dries up), so too, does Niktzatz speak prematurely. And Abaye concedes that whatever is unforeseen, is not considered Peiros.

(b)The Beraisa rules that if a woman inherited old vines or olive-trees - they should be sold as firewood and land bought with the proceeds, for the husband to benefit from the Peiros.

(c)Since the trees were already old, it is clearly not a case of unforeseen benefits, yet the husband does not take them as they are - a proof for Rava (that old trees under all circumstances, are considered Keren (principle) and not Peiros.

(d)To reconcile Abaye with the Beraisa, we initially amend the Beraisa to read (not 'Zekeinim', but) 've'Hizkinu', that they aged prematurely, in which case Abaye agrees that they are not considered Peiros (as we already explained). Alternatively, we answer - that the woman inherited the trees in someone else's field.

(e)Consequently - even if the trees are considered Peiros, the husband cannot take them, since he can only take Peiros, if he leaves some Keren, and whereas in our case, the land is the Keren, in that case, it is not.