1)

WORKERS WHO WERE DECEIVED (cont.) [line 2]

(a)

(Continuation of Mishnah): Anyone who deviates or retracts has the lower hand.

(b)

(Gemara) Opinion #1: The Reisha does not say that they retracted, rather, they (the workers) tricked each other.

(c)

Question: What is the case?

(d)

Answer: Reuven told Shimon (a Shali'ach) to hire workers, and he tricked them.

(e)

Question: What is the case?

1.

If Reuven offered four (Zuz per day), and Shimon told them three, why do they have complaints? They accepted to work for three!

(f)

Answer #1: Reuven offered three, and Shimon told them four.

(g)

Question: What is the case?

1.

If Shimon promised to pay them himself, he must give them (the extra Zuz)!

i.

(Beraisa): Levi hired David to work for himself, and set him to work on what is really Moshe's property, Levi pays David, and can demand from Moshe the benefit Moshe received.

(h)

Answer: The case is, Shimon said that Reuven will pay them.

(i)

Question: We should see what workers normally receive! (If they receive four, Reuven must pay four, for this is the benefit he received!)

(j)

Answer #1: Some workers receive three, and others receive four. They may have complaints, for they could have looked to find someone who pays four.

(k)

Answer #2: (Regular workers receive three.) These workers do not usually work for others. They agreed only because they were told that they would be paid four.

(l)

Answer #3: These were regular workers, they normally receive three. They worked extra hard because they were told they would be paid four.

(m)

Question: We should see if they worked extra hard!

(n)

Answer: The case is, they dug a trench around a field.

(o)

Question: We can see how they dug it!

(p)

Answer: It is filled with water.

(q)

Answer #2 (to Question (e)): Really Reuven offered four, and Shimon told them three;

1.

They have complaints, for Shimon prevented them from receiving four.

2)

DO PEOPLE RELY ON A SHALI'ACH? [line 31]

(a)

The following is obvious. If Reuven offered three, and Shimon told them four, and the workers said 'we will work for what Reuven said', they (did not mean to accept less than four, rather, they) intended for the possibility that Reuven offered more than four.

(b)

Question: If Reuven offered four, and Shimon told them three, and the workers said 'we will work for what Reuven said', what is the law?

1.

Did they believe Shimon, and accept to work for three?

2.

Or, did they suspect that perhaps Reuven offered more, and want to get what he offered?

(c)

Answer: We learn from the following.

1.

(Rav Nachman): If Leah made Levi a Shali'ach to bring her Get (she is divorced only when she receives it), and he told her husband (Yehudah) 'I am a Shali'ach to receive her Get (she is divorced through my reception)', and Yehudah said 'take it like she said', even when she gets it, she is not divorced.

2.

This shows that Yehudah relies on what Levi said. If he intended for what Leah really said, Levi would be a Shali'ach to bring it, and she would be divorced when she gets it!

76b----------------------------------------76b

(d)

Rejection (Rav Ashi): We could have made a valid inference if Rav Nachman had taught the following case:

1.

Leah made Levi a Shali'ach to receive her Get, he told Yehudah 'I am a Shali'ach to bring her Get', and Yehudah said 'take it like she said';

i.

If Rav Nachman would say that she is divorced when he gets it, this would prove that Yehudah intends for what she said;

ii.

If Rav Nachman would say that she is divorced when she gets it, this would prove that Yehudah relies on what Levi said;

2.

However, we cannot learn from the case Rav Nachman actually taught. She is not divorced because Levi agreed only to be a Shali'ach to receive (which is more esteemed), but not to bring!

3)

WORKERS WHO RETRACTED [line 10]

(a)

Opinion #2: In the Mishnah, the employer or workers retracted. The Tana calls this 'tricked'.

(b)

(Beraisa): If Reuven hired workers and they tricked him or he tricked them, the hurt party has only complaints;

1.

This is when the workers did not go to the worksite, but if donkey-drivers or workers went and there was nothing to carry or the ground was wet and unworkable, the employer pays their full wage;

2.

However, there is a difference between carrying a burden and coming without a burden. They are paid like idle workers (what one would want to receive to consent to neglect his work and be idle).

(c)

The deceived party has only complaints. This is if they did not yet begin working; but if they began, we estimate the value of what they did;

1.

If Shimon was hired to harvest the crop or weave a garment for eight Dinarim, and he quit after doing half. If what he did is worth six Dinarim, he gets only four. He may finish the job to get eight.

i.

If his work is worth four (Gra's text - two) Dinarim, he gets four.

2.

R. Dosa says, we evaluate the work remaining. If it will cost six Dinarim to finish, he gets only two. He may finish the job to get eight.

i.

If it will cost four (Gra's text - two) Dinarim to finish, he gets four.

(d)

This is the law when there is no loss (if the work is not finished immediately). If there is a loss, Reuven hires others for more (and Shimon must pay the excess), or he tricks Shimon.

1.

To trick him, he may say 'originally I promised one Sela. Now I offer you two' (but he will pay only one).

2.

One may pay other workers an extra 40 or 50 at Shimon's expense.

3.

This is if there are no other workers there (to finish the job for the proper wage). If there are other workers there, he hires them. He has only complaints against Shimon.

4)

WHEN THE EMPLOYER RETRACTS [line 28]

(a)

A Chacham (reciting the above Beraisa): He pays them their full wage...

(b)

Rav: Rebbi Chiya said "I would pay them only like idle workers are paid"!

(c)

Question: The Beraisa explicitly says that there is a difference between carrying a burden...!

(d)

Version #1 - Answer: The Tana did not finish before Rav objected.

(e)

Version #2 - Answer: The Tana finished. Rav said in the name of R. Chiya that he would not pay him anything.

(f)

Question: The Beraisa says that they are paid like idle workers!

(g)

Answer: That is when the owner (Rambam; Rashi - the workers) did not see the worksite the night before (the employer should have told them not to come). Rav says that he would not pay them if he (or they) saw it (Rambam - then, he is blameless; Rashi - they should have realized that it will be wet and unworkable).

(h)

(Rava): If Reuven hired workers to dig trenches and it rained (so this cannot be done), if he saw (Rashi - showed to them) the worksite the night before, it is their loss. If not, Reuven must pay them like idle workers.