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BAVA METZIA 105

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SUMMARY

If someone receives an Iska (merchandise on condition to bring it to a place where it is worth more and they will split the profits) in two Shtaros it is regarded as two separate Iska'os and the lender loses out. (1)
 
If a person is given two Iska'os but they are both written in one Shtar is regarded as only one Iska and the borrower loses out.
 
If someone receives money for an Iska and he suffers a loss if the borrower covers for the loss out of his own pocket without informing the lender he may not subsequently force the lender to split the loss with him. (2)
 
If two people receive money together for an Iska and they make a profit one partner may not force the other partner to divide up the principle or the profits and if his partner wants to reinvest the profits he may do so until the end of the term of the Iska.
 
If someone leases a field he must weed the field even if he gives the owner the full amount of the lease because the owner can say I don't want weeds to grow in my field. (3)
 
If a sharecropper doesn't want to work the field because it is producing very little and it is not worth his time if it will produce enough grain that a pitchfork can is inserted in the pile and it will stand up and the ends will not protrude he must work the field.
 
R. Yehudah says if the field will produce enough grain that the seeds from the grain are sufficient for the planting of the next year he must work the field.
 
If olive and grapes do not fully ripen and only produce four Kav of oil or wine per one Kor of fruit or two Se'ah of oil or wine per three Kor of fruit according to Beis Shamai it is susceptible to Tumas Ochlin while Beis Hillel holds they not susceptible.
 
If a Zav and a Tahor go up together on a weak tree or on a weak branch the Tahor is Tamei because it is tantamount to the Tahor leaning on the Zav or vice versa. (4)
 
If someone walks in a Beis ha'Pras (a field that contains a grave that was plowed over) on top of loose stones he is Tamei. (5)
 
If someone walks in a Beis ha'Pras riding on the back of a weak person or animal he is Tamei. (6)
 
If someone is carrying package that weighs less than four Kavim he shall sling it over his back when he wants to pray.
 
If the package weighs four Kavim or more he shall place it on the ground when he wants to pray.
 
A person may not carry a package that weighs four Kavim on his head while he is wearing Tefilin.
 
D'Vei Shila says a person shall not even carry the bag of his Tefilin on his head while he is wearing his Tefilin.
 

 
If someone is carrying fertilizer and he shall not move his Tefilin Shel Rosh to the side or tie it to his hip and instead he shall tie the Tefilin to his arm.
 
If the wind blows bundles of grain on the Leket and we don't know how much Leket there was we estimate how much Leket the field should have produced and it is given to the poor.
 
R. Shimon Ben Gamliel says we give four Kavim of Leket to the poor for every Kor of seeds if we don't know who much Leket there was in the field.
 
If someone leases a field and the produce is eaten by locust or is windblown if it is a Makas Medinah (the damage was very widespread) he may subtract from his lease payment.
 
R. Yehudah says if the lease is paid in money even if it is a Makas Medinah he may not subtract from his lease payment.
 
R. Yehudah says if most of the valley was affected it is considered a Makas Medinah, while Ula says if the four fields on the four sides of the field were affected it is a Makas Medinah.
 
It is a Safek according to Ula if only the first row of the four fields around the field were windblown, or if one row around the field was not windblown and the four fields around it were wind blown if it is a Makas Medinah.
 
It is a Safek according to Ula if the four fields around the field were uncultivated but the next four fields were windblown, or if grain was grown for animal feed in the four fields around the field and they were not windblown and the next four fields were wind blown if it is a Makas Medinah.

A BIT MORE

1. A standard Iska agreement is that the lender takes half of the looses but only a third of the profit because an Iska is half Pikadon and half loan and if he took also half of the profit it would look like Ribis because the borrower is taking care of the Pikadon in exchange for receiving the loan. Therefore if an Iska is given in two Shtaros and one of the Iska'os profits fifteen Zuz and the other loses five if we would consider both one Iska and the sum profit would be ten Zuz. The lender would take a third of the profit which is three and a third but if it is considered two Iska'os the lender would take half of the losses of the five Zuz and one third of the profit of fifteen Zuz and he would only receive altogether two and a half Zuz. Therefore it is to the benefit of the borrower that since the Iska was given in two Shtaros and is considered two separate Iska'os.
 
2. The lender takes half of the losses and only a third of the profit however in this case since the borrower covered for the loss out of his own pocket the loss is subtracted from the profit and the lender takes a third of the total profit.
 
3. Even if he plows the field after the harvest some the weeds that were in the field before he harvested will have already taken root.
 
4. If the tree is not thick enough to carve in it a quarter of a Kav or if the branch is very thin that a person can put his entire hand around the branch it is considered a weak tree or branch.
 
5. We are concerned for a bone the size of a barley which is Mitamei with Maga and Masa which might be moved by the stones and will be Mitamei him.
 
6. Since the person or animal is weak and it is buckling under the weight of the person riding on it if it kicks a bone the size of a barley it is tantamount to the rider kicking the bone and he is Tamei.

BRIEF INSIGHT

FOLLOWING THE MINHAG
 
If someone leases a field he must weed the field even if he gives the owner the full amount of the lease because the owner can say I don't want weeds in my field. The Tosfos Yom Tov says he is only obligated to weed the field in a place where there is no known Minhag. However, in a place where the Minhag is that the sharecropper doesn't weed the field he is not obligated to weed the field because we always follow the Minhag.

QUICK HALACHAH

A PILE OF GRAIN
 
If a sharecropper receives a field but it produces very little, if it produces two Se'ah besides his expenses the sharecropper must work the field because he writes (in his contract) that I will put a pile of grain in front of you and you will take your share. Even if he didn't write that it is the same as if he wrote it. (Shulchan Aruch CM 328:1)
 
The Chachamim estimate that two Se'ah besides the expenses is enough for a pile of grain and he must work the field. (Sma)

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