(a)The Mishnah discusses Reuven who is Mekabel a field from Shimon. 'Mekabel incorporates Arisus and Chakirus. What is the difference between an Aris and a Choker?
(b)The Tana lists three tasks where the Mekabel must follow the local custom; one is to reap, another is to be Oker. What does 'TO BE Oker' mean (See Tos. Yom-Tov)?
(c)The third task on the list is plowing after the harvesting. What is the point of plowing after the harvesting?
(d)On what principle are these rulings based?
1)
(a)The Mishnah discusses Reuven who is Mekabel a field from Shimon. 'Mekabel incorporates Arisus and Chakirus. An Aris and a Choker both rent a field, and both pay in crops; only whereas the former pays a half, a third or a quarter (depending on the local custom), the latter pays a fixed amount (so many Kurim) per annum
(b)The Tana lists three tasks where the Mekabel must follow the local custom; one is to reap, another is to be Oker (la'Akor'), which means - to pull out the crops together with their roots (See Tos. Yom-Tov).
(c)The third task on the list is plowing after the harvesting - which one does in order to destroy the weeds.
(d)These rulings are based on the principle - 'ha'Kol ke'Minhag ha'Medinah' (See Tos. Yom-Tov).
2)
(a)Reuven and Shimon divide up the grain proportionately. What about the straw and the stubble?
(b)Likewise, they divide the wine. What does the Tana say about the branches and the canes? What are the canes?
(c)Who provides the canes initially?
(d)Why does the Mishnah mention it only now?
2)
(a)Reuven and Shimon divide up the grain proportionately, and - the same applies to the straw and the stubble.
(b)Likewise, they divide the wine - as well as the branches and the canes - (that are used to prop up the vines
(c)Both Reuven and Shimon initially provide the canes ...
(d)... and the Mishnah mentions it only now - because it is the reason that they divide them.
Mishnah 2
3)
(a)What is ...
1. ... a 'Beis ha'Shalachin'?
2. ... a 'Beis ha'Ilan'?
(b)In a case where Reuven is Choker a 'Beis ha'Shalachin' which has a spring nearby or 'Beis ha'Ilan', and the fountain dries up or the tree dies, why would we have thought that he is entitled to deduct from the Chakirus?
(c)Then why isn't he?
(d)On what condition will he therefore be able to deduct from the Chakirus?
3)
(a)A 'Beis...
1. ... ha'Shalachin' is - an arid field (See also Tos. Yom-Tov) that cannot make do with rain alone but needs to be watered manually.
2. ... ha'Ilan' is - field with trees growing in it.
(b)In a case where Reuven is Choker a 'Beis ha'Shalachin' which has a spring nearby or 'Beis ha'Ilan', and the spring dries up or the tree dies, we would have thought that he is entitled to deduct from the Chakirus (See Tos. Yom-Tov) - because it is obvious that the field that he rents is particularly dear to him on account of the spring (See Tos. Yom-Tov) or the tree (which provides more fruit for less work
(c)He isn't however - because he did not specifically say so when he hired it.
(d)Consequently, he will be able to deduct from the Chakirus - if he indicates that they are dear to him by mentioning them at the time of renting (See Tos. Yom-Tov).
Mishnah 3
4)
(a)The Mishnah now discusses ha'Mekabel Sadeh me'Chavero ve'Hovirah'. What does 've'Hovirah' mean?
(b)What does the Mishnah say about it? What is the Mekabel (Reuven) Chayav to give Shimon?
(c)The reason for this is based in the wording of the written contract. What does Reuven insert in the contract to cover the current contingency?
(d)Why must the Tana be speaking about an Aris and not a Choker?
4)
(a)The Mishnah now discusses ha'Mekabel Sadeh me'Chavero ve'Hovirah' - which means that he decides neither to plow nor to plant that year (See Tos. Yom-Tov).
(b)The Mishnah rules that - we assess how much the field would have been expected to produce and the Mekabel (Reuven) must give Shimon his dues from that.
(c)The reason for this is based on the wording of the written contract (See Tos. Yom-Tov), in which Reuven inserts - 'In the event that I leave the field barren and fail to work it, I will pay "be'Meitava" (according to what it would have been expected to produce had I plowed and planted)'.
(d)The Tana must be speaking about an Aris and not a Choker - because, regarding the latter, it is obvious that he is obligated to pay whatever they agreed upon at the outset.
Mishnah 4
5)
(a)What will be the Din if Reuven the Choker (See Tos. Yom-Tov) refuses to weed the field (See Tos. Yom-Tov), and promises to give Shimon his due when the harvest season arrives?
(b)Why is that? Why do we not accept his claim that since he is anyway giving Shimon his Chakirus, what difference does it make to Shimon if his (Reuven's) share is full of weeds?
5)
(a)If Reuven the Choker (See Tos. Yom-Tov) refuses to weed the field (See Tos. Yom-Tov), and promises to give Shimon his due when the harvest season arrives - Shimon is entitled to insist that he nevertheless weeds it ...
(b)... because, despite Reuven's claim that since he is anyway giving Shimon his Chakirus, what difference does it make to Shimon if his (Reuven's) share is full of weeds - Shimon can retort that when Reuven leaves, he does not want to be landed with a field full of weeds (See Tos. YomTov).
Mishnah 5
6)
(a)According to the Tana Kama, how much must the field yield to obligate the Mekabel to continue working on it even though it yielded very little the previous year?
(b)Which category of Mekabel is the Tana referring to?
(c)On what grounds does Rebbi Yehudah disagree with the Tana Kama?
(d)What does he say?
(e)Like whom is the Halachah?
6)
(a)According to the Tana Kama, to obligate the Mekabel to continue working on the field even though it yielded very little the previous year, the field must yield - enough to make a pile of corn (See Tos. Yom-Tov DH 'Chayav ... ').
(b)The Tana is referring to - an Aris (See Tos. Yom-Tov)
(c)Rebbi Yehudah disagrees with the Tana Kama - in that 'a pile' does not draw a distinction between a small field and a large one, and it is illogical to give the same Shi'ur for both.
(d)He therefore says - that the Mekabel is obligated to continue looking after the field according to the amount that he planted (See Meleches Sh'lomoh)
(e)The Halachah is - like the Tana Kama.
Mishnah 6
7)
(a)In a case where Reuven is Mekabel a field from Shimon and it is invaded by locusts or its crops destroyed by drought, the Mishnah permits him to deduct from his dues if it is a Makas Medinah. What is a Makas Medinah?
(b)On what grounds is he then Chayav to pay in full if it is not a Makas Medinah?
(c)Which category of Mekabel is the Tana referring to?
(d)Rebbi Yehudah rules that if Reuven agreed to pay money instead of crops, he is Chayav to pay, even if it is a Makas Medinah. Why is that?
(e)Like whom is the Halachah?
7)
(a)In a case where Reuven is Mekabel a field from Shimon and it is invaded by locusts or its crops destroyed by drought, the Mishnah permits him to deduct from his dues (See Tos. Yom-Tov) if it is a Makas Medinah - where most of the local fields (of that valley or town (See Tos. Yom-Tov) have been stricken too.
(b)He is Chayav to pay in full however, if it is not a Makas Medinah - since Shimon can say to Reuven that it is his (Reuven's) Mazal that brought about the loss.
(c)This ruling refers to - Chakirus (See Tos. Yom-Tov).
(d)Rebbi Yehudah rules that if Reuven agreed to pay money instead of crops, he is Chayav to pay even if it is a Makas Medinah - because the plague involves crops, not money.
(e)The Halachah is like the Tana Kama.
Mishnah 7
8)
(a)The Mishnah now discusses a case where Reuven is Choker a field from Shimon at ten Kur of wheat or barley per annum, and the field produces a harvest of either poor or high-quality crops. What does the Tana say ...
1. ... in the former case, where Shimon demands that Reuven pays with better-quality crops that he purchases from the market?
2. ... in the latter case if Reuven says that he will pay with regular crops that he buys from the market?
(b)Which category of Mekabel is this Mishnah referring to (See Tos. Yom-Tov)?
8)
(a)The Mishnah now discusses a case where Reuven is Choker (See Tos. Yom-Tov) a field from Shimon at ten Kur of wheat or barley per annum, and the field produces a harvest of either poor or high-quality crops. Whether ...
1. ... in the former case, Shimon demands that Reuven pays with better-quality crops that he purchases from the market or ...
2. ... in the latter case, Reuven says that he will pay with regular crops that he buys from the market, the Tana rules that - he pays only from the harvest itself ...
(b)This Mishnah is referring to a Choker (See Tos. Yom-Tov).
Mishnah 8
9)
(a)What does the Tana Kama say in a case where Reuven is Choker (See Tos. Yom-Tov) a field from Shimon to plant ...
1. ... barley, though he agrees to give Shimon so many Kurin of wheat, barley or the equivalent in money?
2. ... wheat on the same conditions?
(b)Why the difference?
(c)What does Rabban Shimon ben Gamliel say?
(d)What is his reason?
9)
(a)In a case where Reuven is Choker (See Tos. Yom-Tov) a field from Shimon to plant ...
1. ... barley, though he agrees to give Shimon so many Kurin of wheat, barley or the equivalent in money, the Tana Kama - forbids him to plant wheat, but ...
2. ... he permits the reverse ...
(b)... because wheat weakens the ground more than barley.
(c)Rabban Shimon ben Gamliel - forbids both cases ...
(d)... because it is bad for the field to change from one year to the next. Consequently, even in the latter case - Shimon may want to plant wheat the following year, and he will therefore cause Shimon a loss if he plants barley this year (See also Tos. Yom-Tov).
10)
(a)In similar vein to the previous case, if Reuven is Choker a field from Shimon to plant corn or legumes, which one does the Tana Kama permit him to switch and which one does he not?
(b)What does Rabban Shimon ben Gamliel say?
(c)What is the Halachah?
10)
(a)In similar vein to the previous case, if Reuven is Choker a field from Shimon to plant corn or legumes, the Tana Kama - permits him to switch 'legumes for corn, but not vice-versa (See Tos. Yom-Tov).
(b)Rabban Shimon ben Gamliel - forbids both.
(c)The Halachah is that - it all depends on the quality of the earth in that area. Reuven is allowed to change from something which weakens the ground more to something which weakens it less, but not vice-versa.
Mishnah 9
11)
(a)What does the Tana forbid a Mekabel to plant if he is Choker a field (See Tos. Yom-Tov) for only a few years?
(b)What is considered 'a few years'?
(c)What is the reason for this ruling?
11)
(a)If a Mekabel is Choker a field (See Tos. Yom-Tov) for only a few years, the Tana forbids him to plant - flax.
(b)Up to seven years is considered 'a few years' ...
(c)... and the reason for this ruling is - because flax considerably weakens the ground and what's more, the roots remain in the ground for seven years.
12)
(a)The Mishnah now discusses Koras ha'Shikmah. What is ...
1. ... a 'Shikmah'?
2. ... 'Koras ha'Shikmah'?
(b)Why, if the Mekabel 'rents' the field in which the Shikmah is growing for less than seven years, may he not take the Koras ha'Shikmah?
(c)What does the Mishnah therefore say about the planting flax and taking the Koras ha'Shikmah if he is Mekabel the field for seven years?
12)
(a)The Mishnah now discusses Koras ha'Shikmah. A ...
1. ... 'Shikmah' is - a wild fig-tree, and ...
2. ... 'Koras ha'Shikmah' - refers to the branches that one cuts off for building each year, which re-grow.
(b)The reason that if the Mekabel 'rents' the field in which the Shikmah is growing for less than seven years, he may not take the Koras ha'Shikmah is - because once cut, it takes seven years for the branches that re-grow to be fit once again for building.
(c)Consequently, if he is Mekabel the field for seven years - the Mishnah permits the Mekabel to plant flax and take the Koras ha'Shikmah, but only the first year (See Tos. Yom-Tov).
Mishnah 10
13)
(a)What is a 'Shavu'a' in terms of 'renting' a field?
(b)What distinction does the Tana draw between where Reuven 'rents' a field for a Shavu'a for seven hundred Zuz and where he rents it for a hundred Zuz p.a. forseven years?
13)
(a)A 'Shavu'a' in terms of 'renting' a field - is a consecutive group of seven years.
(b)The Mishnah rules that if Reuven 'rents' a field for a Shavu'a for seven hundred Zuz - the Sh'mitah year is included (See Tos. Yom-Tov), whereas if he rents it for a hundred Zuz p.a. for seven years - it is not.
Mishnah 11
14)
(a)What do we learn from the Pasuk in Kedoshim "Lo Salin Pe'ulas Sachir itcha ad Boker"?
(b)This cannot be referring to a night-worker, due to the Pasuk there "ki'Sechir Shanah be'Shanah". How does the Gemara Darshen this Pasuk?
(c)Which principle do we now learn from there?
(d)And what do we then learn from the Pasuk in Ki Seitzei "ve'Lo Savo alav ha'Shemesh"?
14)
(a)We learn from the Pasuk in Kedoshim "Lo Salin Pe'ulas Sachir itcha ad Boker" - that a day worker's wages fall due at nightfall and must be paid before daybreak.
(b)This cannot be referring to a night-worker, due to the Pasuk there "ki'Sechir Shanah be'Shanah" which the Gemara Darshens to mean that - the wages for this year's work fall due at the beginning of next year.
(c)The principle we now learn from there is - 'Ein S'chirus Mishtalemes Ela be'Sofah' (one does not become obligated to pay a worker until the termination of his work)'.
(d)And we learn from the Pasuk in Ki Seitzei "ve'Lo Savo alav ha'Shemesh" that - one is only obligated to a night worker during the day (before sunset [See also Tos. Yom-Tov]).
15)
(a)When does the Tana really mean when he says that a S'chir Sha'os may claim his wages all day and all night?
(b)When can a 'S'chir Shabbos, Chodesh, Shanah and Shavu'a claim their wages should they finish during ...
1. ... the day?
2. ... the night?
(c)What if the employer fails to pay them by that time?
15)
(a)When the Tana says that a S'chir Sha'os may claim his wages all day and all night, what he really means is that - if he worked a few hours in the day, he can claim until nightfall, and if he worked a few hours in the night, he can claim until daybreak.
(b)A S'chir Shabbos, Chodesh, Shanah and Shavu'a who finish during ...
1. ... the day - can claim until nightfall.
2. ... the night - can claim the entire night and the following night until nightfall (See Tos. Yom-Tov).
(c)If the employer fails to pay them by that time - he transgresses the various La'avin and Ase'in of not paying his worker on time (See following Mishnah).
Mishnah 12
16)
(a)Besides the Asei of "be'Yomo Titein S'charo" (and its accompanying La'av [See Tos. Yom-Tov]), which La'av does an employer who does not pay his workers on time, transgress?
(b)Who else, besides someone who employs workers, transgresses them?
(c)How do we learn this from the wording of the La'av?
16)
(a)Besides the Asei of "be'Yomo Titein S'charo" (and its accompanying La'av [See Tos. Yom-Tov]), an employer who does not pay his workers on time also transgresses - "Lo Salin Pe'ulas Sachir It'cha ad Boker".
(b)Besides someone who employs workers - someone who hires animals or vessels transgresses too.
(c)We learn this from the wording of the above La'av - "Pe'ulas Sachir", which implies whatever you have hired or rented.
17)
(a)What do we learn from the word "It'cha"?
(b)On what condition does the employer not transgress even if the employee does claim his wages?
(c)'What does the word 'Himcheihu eitzel Chenvani' mean?
17)
(a)From the word "It'cha" we learn that - the employer only transgress if the employee actually claims his wages.
(b)Even if he does however, the employer will not transgress - if he asked a storekeeper to pay the employee with goods or a banker with money ('Himcheihu eitzel Chenvani ... '), and he will reimburse him later.
(c)'Himcheihu eitzel Chenvani ' means that - 'he disconnected from him (See Tos. Yom-Tov), and placed the responsibility of paying him on the shoulders of the storekeeper'.
18)
(a)What happens if the employee claims that he has not yet received his wages and the employer counters that he paid him before the final time of payment expired?
(b)Why does the principle that 'One swears and is Patur' not apply here?
(c)Then why, after the time, does the employee not swear and take?
(d)On what condition does the employee swear and take even then?
18)
(a)If the employee claims that he has not yet received his wages and the employer counters that he paid him before the final time of payment expired - he swears and takes.
(b)The principle that 'One swears and is Patur' does not apply here - since we suspect that the employer is so busy with his employees (See Tos. Yom-Tov) that he honestly believes that he already paid him (See Tos. Yom-Tov DH 'Avar Z'mano').
(c)And the reason that, after the time, he does not swear and take is - because we assume that, before the final time of payment expires, the employer will have recalled that he has not paid him, in order not to transgress.
(d)Even then, the employee swears and takes - if witnesses testify that at the last moment, the employer still maintains that he paid (See Tos Yom-Tov).
19)
(a)The Mishnah now discusses the Din of an employee who is a Ger Toshav. What is a 'Ger Toshav'?
(b)If the employer is subject to "be'Yomo Titein S'charo", why is he not subject to "Lo Salin"?
19)
(a)The Mishnah now discusses the Din of an employee who is a 'Ger Toshav' - a Nochri who undertakes not to worship idols, but who still eats Neveilos.
(b)Although the employer is subject to "be'Yomo Titein S'charo", he is not subject to "Lo Salin" - because at the beginning of the Pasuk, the Torah inserts the word "Re'eihu" to preclude him (See Tos. Yom-Tov).
Mishnah 13
20)
(a)What does the Mishnah mean when it says that if Reuven lends Shimon money he may only take a Mashkon (a security) with the Beis-Din's permission?
(b)When is this permitted?
(c)What is the Shali'ach Beis-Din not allowed to do?
(d)From where does the Tana learn this?
(e)What about Reuven himself claiming the Mashkon from Shimon in the street?
20)
(a)When the Mishnah says that if Reuven lends Shimon money, he may only take a Mashkon (a security) with the Beis-Din's permission it really means that - only a Shali'ach Beis-Din may actually claim it.
(b)This is permitted - after the time of payment has fallen due and Shimon failed to pay.
(c)The Shali'ach Beis-Dinis is not allowed - to enter Shimon's house to claim the Mashkon ...
(d)... as the Torah explicitly states writes - "ba'Chutz Ta'amod" ...
(e)... neither is Reuven himself permitted to claim the Mashkon from Shimon - even in the street (See Tos. Yom-Tov).
21)
(a)If Reuven (via the Shali'ach Beis-Din) takes a cushion and a plow, which combined add up to the amount of the loan, what does the Mishnah obligate him to do?
(b)What does the Tana learn from the word 'lo' (in the Pasuk in Ki Seitzei "Hashev Tashiv lo es ha'Avot")?
21)
(a)If Reuven (via the Shali'ach Beis-Din) takes a cushion and a plow, which combined add up to the amount of the loan, the Mishnah obligates him - to return the former each night and the latter each day (See Tos. Yom-Tov).
(b)The Tana learns from the word 'lo' (in the Pasuk in Ki Seitzei "Hashev Tashiv lo es ha'Avot") that - if Reuven dies, Shimon is not obligated to return the Mashkon each day to his heirs (See Tiferes Yisrael).
22)
(a)For how long does the obligation to return the Mashkon last according to Rabban Shimon ben Gamliel?
(b)What is the significance of this time period)?
(c)What is Reuven permitted to do after the thirty days have expired?
(d)Like whom is the Halachah?
22)
(a)According to Rabban Shimon ben Gamliel, the obligation to return the Mashkon lasts - thirty days ...
(b)... which is the period that Beis-Din give a litigant to comply with their instructions (See Tos. Yom-Tov).
(c)After the thirty days have expired, Reuven is permitted - to sell the Mashkon in Beis-Din.
(d)The Halachah is - like the Tana Kama.
23)
(a)From whom does the Torah forbid taking a Mashkon?
(b)Why do other Tana'im (See Meleches Sh'lomoh) confine this prohibition to a widow who is poor?
(c)What is the Halachah?
(d)Why is that?
23)
(a)The Torah forbids taking a Mashkon - from a widow (See Tos. R. Akiva Eiger).
(b)Other Tana'im (See Meleches Sh'lomoh) confine this prohibition to a widow who is poor - because then he has to go each day (or night) to return the Mashkon, thereby sparking off rumors (that he is visiting the widow for other purposes).
(c)The Halachah is that - there is no difference between a widow who is poor and a widow who is rich ...
(d)... as implied by the Pasuk.
24)
(a)The Pasuk writes "Lo Yachbol Rechayim va'Rachev". What is the difference between "Rechayim" and "Rachev"?
(b)Why does the Torah see fit to insert them both?
(c)And what do we learn from the continuation of the Pasuk "Ki Nefesh hu Chovel"?
24)
(a)The Pasuk writes "Lo Yachbol 'Rechayim' - (the lower mill-stone [See Tos. Yom-Tov]) va'Rachev" (the upper mill-stone) ...
(b)... inserting them both to teach us that - each one is subject to an independent La'av (See Tos. Yom-Tov DH 've'Chayav ... ' & 'she'Ne'emar').
(c)We learn from the continuation of the Pasuk "Ki Nefesh hu Chovel" that- this prohibition extends to all implements connected with food (See Tiferes Yisrael).
