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BAVA METZIA 104

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SUMMARY If someone leases a field which requires irrigation and the water dries up he may not subtract from the lease payment because he can bring water with pails. (1)   If he said lease me this field with an irrigation channel if the water dries up he may subtract from the lease payment.   If someone says I am selling you a Bias Kor even if the field is only a Lesech (half of a Beis Kor) the sale is valid as long as it is called a Beis Kor.   If someone says I am selling you a vineyard even if it doesn't have grapes the sale is valid as long as it is called a vineyard.   If someone says I am selling you an orchard even if it doesn't have any fruit the sale is valid as long as it is called an orchard.   If a sharecropper fails to work on the field we estimate how much the field would have produced and he must give that amount to the owner because in the contract it is written if I abandon the field and do not work on it I will pay from the best.   A husband must bring a Korban Ashir for his wife if he is Chayav a Korban after giving birth or for Zivah. (2)   When a husband divorces his wife he is Patur from bringing Korbanos for her even for the Korbanos that she was Chayav to bring while they were still married. (3)   IN Alexandria people would grab the Kalah from under the Chupah however Hillel said that the children are not Mamzeirim because in the Kesuvah it states when you enter the Chupah you will be my wife. (4)   R. Yehoshua Ben Korchah says that a lender who takes a Mashkon by way of the Shali'ach Beis Din may not take a Mashkon that is worth more than the Chov. (5)   R. Yochanan says if a lender returned a Mashkon and the borrower died he may collect the Mashkon from the sons. (6)   R. Yosi says in a place where the Minhag is that when a wife is divorced she collects the dowry written in her Kesuvah just as a Ba'al Chov collects a loan the Chasan may also collect the dowry from his father-in- law just as he collects a loan.   In a place where he Minhag is when the value of the dowry is estimated double the value is of the dowry is written in the Kesuvah when the wife collects the dowry after a divorce she only collects half.   Rava says if a sharecropper writes that he will pay a thousand Zuz if he doesn't work the field it is an Asmachta and he doesn't have to pay. (7)   If a sharecropper agreed to plant sesame and he planted wheat instead and the crop was so successful its value was equal prohibited more than the value of sesame he must pay the owner his full share even though the owner saved money because sesame is harder on land than wheat.   Nehardai says if a person receives an Iska (merchandise on condition to bring it to a place where it is worth more and they will split the profits) it is half Pikadon and half loan and he may use the half loan for his personal needs.   Rava says the reason it is called an Iska is because even though it is half loan he may not use the half loan for his personal needs and he must use it to try to make a profit.   R. Idi Bar Avin says if the person who received the money dies the half loan may not be collected from the Metaltelin of the children just like any other loan.   Rava says the reason it is called an Iska is because even the half loan may be collected from the Metaltelin of the children. A BIT MORE 1. Since the river didn't dry up and only the irrigation channel that brings the water from the river to the field dried up it is not a Makas Medinah and he may not subtract from the lease payment.   2. Even though his wife is poor he since he is Chayav to bring her Korbanos he must bring a Korban Ashir, however he is not Chayav to bring a Korban Neder or Nedavah for his wife.   3. Because the wife writes in her receipt for her Kesuvah that I have received my Kesuvah and all previous responsibilities that you have.   4. Even though the Kalah was grabbled after the Kidushin since the Kidushin is not valid until the Chupah at the time they were grabbed the Kidushin was not yet valid.   5. The Shtar states that he will collect his Chov from the Mashkon and if the Mashkon is worth more than the Chov he will collect more than he is owed.   6. Even though the sons do not have to pay the debts of their father from Metaltelin however since the lender had the Metaltelin as a Mashkon it is considered that it already belongs to him and he may collect from it.   7. A thousand Zuz is an exaggerated payment and therefore it is an Asmachta but if he writes that he will pay for the losses from Meitav since it is not an exaggerated payment it is not an Asmachta.

BRIEF INSIGHT AN ASMACHTA   If a sharecropper fails to work on the field we estimate how much the field would have produced and he must give that amount to the owner because in the contract it is written if I abandon the field and do not work on it I will pay from the best. Tosfos says that even if he didn't write it in the contract he must pay because it is the usual practice to write it in the contact and therefore even if he doesn't write it is as if he wrote it. If he only had to pay if he wrote it in the contract it is Pashut that he must pay since it is not an Asmachta. QUICK HALACHAH DEMOLISHED STRUCTURE   All of the Korbanos a woman is Chayav to bring her husband must bring for her. If he is an Ani he brings for her a Korban Ani and if he is an Ashir he brings a Korban Ashir. A person may bring for his son, daughter, or servant a Korban Ani and he may give them to eat from the Korban. (Rambam Hilchos Shegagos 10:6)   Even if he is an Ashir he may bring for his son or daughter a Korban Ani since he is not bringing the Korban for himself. (Lechem Mishnah)

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