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BAVA METZIA 77

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PAST DEDICATION
BAVA METZIA 76-77 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.

SUMMARY

If workers are hired to plow a field and it rains the night before and flooded the land and it is impossible to plow if the workers inspected the land the day before they suffer the loss and they are not paid but if not the Ba'al ha'Bayis must pay them. (1)
 
If workers are hired to water a field and it rains and the field doesn't require watering it is the loss of the workers and they do not receive payment.
 
If a river overflowed and irrigated the field it is the loss of the Ba'al ha'Bayis and he must pay the workers the amount that an idle worker receives. (2)
 
If workers are hired to water a field and the river dried up in the middle of the day if it is not common for it to dry up it is the loss of the workers if it commonly dries up and the workers are not from that town it is the loss of the Ba'al ha'Bayis and he must pay the workers for the entire day.
 
If a person hired a worker for an entire day and the work was completed at midday if he has other work that is not more difficult than the original work he may give him that work until the end of the day and if not he must pay him for a complete day.
 
The Tana Kama holds if workers back out in the middle of the day they are paid for the work that they did even if the Ba'al ha'Bayis is forced to overpay for other workers to finish the job.
 
If the workers back out in middle of the day because the wages of workers went up and the Ba'al ha'Bayis appeased them and they completed the work he only pays them the amount they originally agreed to.
 
If the workers only agreed to work if they were paid more than the usual wages and than the wages of workers went up he only pays them the amount they originally agreed and he is not obligated to pay him extra.
 
R. Dosa says that if workers back out in the middle of the day and the Ba'al ha'Bayis must overpay for workers to finish the job the difference is subtracted from their wages.
 
If the wages of workers went down and the Ba'al ha'Bayis wanted to back out in the middle of the day and the workers appeased him and they completed the work they are paid the amount they originally agreed to.
 
If workers agreed to work for less than the usual wages and wages of workers went down they receive the amount they agreed upon and the Ba'al ha'Bayis may not give them less.
 
Rav says that a worker may back out of his job in the middle of the day and he is paid in full for the work that he did. (3)
 
If the workers backed out in middle of the day because one of their relatives died or they suffered a heat stroke even R. Dosa agrees that they are paid in full for the work they did even though the Ba'al ha'Bayis must overpay for workers to finish the job.
 
If the workers backed out in middle of the day and the Ba'al ha'Bayis will incur a loss if the work is not finished immediately he may overpay for workers to finish the job and subtract the difference form the first workers.
 
If someone buys land from his friend for a thousand Zuz and he gave a down payment of 200 Zuz if the seller backs out the buyer has the upper hand and he has the choice of taking his money back or taking Karka of the value of 200 Zuz and the seller must give him the best of the Karka.
 

 
If the buyer backs out the seller has the upper hand and he has the choice of giving the money back or giving him Karka for the value of 200 Zuz and he may give him the worst of the Karka
 
R. Shimon Ben Gamliel says if the buyer only has 200 Zuz to pay we may set up the sale in a way that they may not back out by writing that the outstanding 800 Zuz is a loan from the seller to the buyer
 
A Ba'al Chov collects his Chov from Beinonis while a Nizak collects from Idiyos.
 
If a person buys land and he gives a Mashkon and they agree that if the buyer retracts he will forfeit the Mashkon and if the seller retracts he will double the Mashkon they must keep their commitments according to R. Yosi. (4)
 

 
R. Yehudah holds they are not obligated to keep their commitments but he is Koneh a percentage of the land in accordance with the value of the Mashkon.
 
R. Shimon Ben Gamliel agrees with R. Yehudah that he is only Koneh a percentage of the item if he did not give the Mashkon as a partial payment, but if he gave it as a partial payment he is Koneh the entire land.
 
If the seller makes it obvious that he is desperate for the remaining sum the buyer is not Koneh the entire land unless the remaining sum was given to him as a loan. (5)
 
If someone borrows a sum of money from his friend and he pays him back one Zuz at a time it is a valid repayment but the lender may have a grievance against him.
 
If someone buys a donkey from his friend and he paid him the entire sum other than one Zuz and the seller is making futile efforts to collect the Zuz that is owed him the buyer is not Koneh.
 
If someone is selling his field because it is a poor field even if he is making futile efforts to collect the last Zuz that is owed to him the buyer is not Koneh.

A BIT MORE

1. If they checked out the land when it rains in is a result of their bad Mazal, but if they did not check out the land day before they can say that they did not know which land they would be asked to plow so it is not their Mazal that caused it to be flooded
 
2. The workers did not know if was common for the river to irrigate the field but the Ba'al ha'Bayis knew and therefore the Bah suffers the loss.
 
3. Rav holds with regards to a day worker like the Tana Kama that the workers have the upper hand; however with regards to a contracted worker he holds like R. Dosa that the Ba'al ha'Bayis has the upper hand.
 
4. The condition that they made is considered an Asmachta (a conditional commitment) and R. Yosi holds that an Asmachta is Koneh.
 
5. Since the seller sold the land because he needs the money desperately he expects the buyer to pay him the entire sum immediately and if not the buyer is not Koneh the land other than the portion of the land than he paid for.

BRIEF INSIGHT

SELLING WINE
 
A person was selling Chamra to his friend and he was still owed one Zuz and he going back and forth for the money the buyer is not Koneh. Rashi says Chamra means donkey. The Maharam explains that even though Chamra sometimes means wine Rashi says that in this case it means a donkey because sometimes a person's donkey is very dear to him and he doesn't want the sale to be final until he receives all of his money., however this logic doesn't apply to wine and therefore even if he is having a hard time collecting the last Zuz the buyer is Koneh. However, the Nimukei Yosef says that the reason Rashi says it means a donkey is because a donkey can't be divided up and if he doesn't receive all of his money the buyer isn't Koneh at all, while if he was selling wine since wine can be divided up he is Koneh some of the wine in accordance with the amount of money that he gave.

QUICK HALACHAH

BACKING OUT
 
If someone sells a field to his friend for a thousand Zuz and he made a partial payment and the seller was going back and forth in order to claim the remaining sum even if only one Zuz is remaining the buyer is not Koneh at all even though a Shtar was or he made a Chazakah. If the buyer backs out the seller has the upper hand; he has the choice to tell the buyer to take his money back or to take a portion of the Karka in accordance with the amount of money that he gave and he may give him Ziburis and he gives it to him according to the current price. If the seller backs out the buyer has the upper hand, he may tell the seller to give him the money back or to give him Karka in accordance with the amount of money that he gave and he takes the best of the Karka. If the seller wasn't going back and forth to claim his money the buyer is Koneh the entire Karka and neither one of them may back out and the remainder of the sum is a loan. (Shulchan Aruch CM 190:10)

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