1)

WHEN THERE IS NO WORK TO BE DONE [line 2 from end on previous Amud]

(a)

(Rava): If Reuven hired workers to irrigate a field, and it rained (so there is no need to water it), the workers lose;

1.

Version #1 (Rashi): If a river overflowed and irrigated it, Reuven must pay them like idle workers (he knows that this is prone to happen, so he should have told them).

2.

Version #2 (Rashba): If a river overflowed and facilitated irrigating it, Reuven must pay them their full wage.

(b)

(Rava): If Reuven hired workers to irrigate a field, and in the middle of the job, the river dried up:

1.

If it is not prone to dry up, the workers lose;

2.

If it is prone to dry up, if the workers are from this city, the workers lose, for they should have known that the river is prone to dry up. If they are not from this city, Reuven pays them like idle workers, for he should have told them.

(c)

(Rava): If Reuven hired workers for the day, and they finished the job in the middle of the day:

1.

If he had other work which is easier or just as hard, he may tell them to do it;

2.

If the only other work he has is harder, he cannot force them to do it. He must pay their full wage.

3.

Question: He should pay them only like idle workers (for the rest of the day)!

4.

Answer: Rava discusses workers who carry burdens. (They prefer not to be idle, for) if they are idle from work, they grow weak.

2)

A WORKER WHO QUIT IN THE MIDDLE [line 20]

(a)

(Beraisa): (If he quit after doing half) we estimate what he did. If is worth six Dinarim, he gets only four. He may finish the job to get eight.

1.

Chachamim hold that workers have the upper hand.

(b)

(Beraisa): He may finish the job to get eight.

(c)

Objection: This is obvious!

(d)

Answer: The case is, the price of labor increased. Shimon quit, and Reuven entreated him to finish.

1.

One might have thought that (since Chachamim say that workers have the upper hand) he agreed only for more wages. The Beraisa teaches that this is not so. Reuven can say, I agreed to feed you nicely.

(e)

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

(f)

Objection: This is obvious!

(g)

Answer: The case is, initially the price of labor was low. Shimon agreed to work for more than the normal wage, and later the price of labor increased.

1.

One might have thought that (since Chachamim say that workers have the upper hand) Shimon agreed only for more than the going wage. The Beraisa teaches that this is not so. Reuven can say that he agreed to give extra only when the price of labor was low.

(h)

(Beraisa - R. Dosa): 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.

1.

He holds that workers have the lower hand.

(i)

(Beraisa): He may finish the job to get eight.

(j)

Objection: This is obvious!

(k)

Answer: The case is, the price of labor decreased. Reuven cancelled the contract, and Shimon entreated him to let him finish.

1.

One might have thought that (since R. Dosa says that workers have the lower hand) he agreed only for a lower wage. The Beraisa teaches that this is not so. Shimon can say, I agreed to do very good work.

(l)

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

(m)

Objection: This is obvious!

(n)

Answer (Rav Huna brei d'Rav Nasan): The case is, initially the price of labor was high. They agreed to work for less than the normal wage, and later the price of labor decreased.

1.

One might have thought that (since R. Dosa says that workers have the lower hand) they agreed for less than the going wage. The Beraisa teaches that this is not so. Shimon can say that he agreed to work for less only when the price of labor was high.

3)

WHAT IS THE HALACHAH? [line 46]

(a)

(Rav): The Halachah follows R. Dosa.

(b)

Contradiction: Rav said that a worker can quit in the middle of the day!

1.

Suggestion: Perhaps R. Dosa taught only about Kablanim (workers hired to do a specific task), but not about day laborers.

2.

Rejection (Beraisa): If Reuven hired Shimon, and in the middle of the day, Shimon (heard that he) lost a relative, or he fell ill, if he is a day laborer, he is paid for the part of the day he worked. If he is a Kablan, he is paid for the part of the task that he finished.

77b----------------------------------------77b

3.

Question: Who is the Tana of the Beraisa?

i.

If it is Chachamim, why must it say that he lost a relative or fell sick? Even without Ones, if he quits in the middle, he has the upper hand!

4.

Answer #1: Rather, it is R. Dosa. He taught about Kablanim and day laborers.

(c)

Answer #1 (and Answer #2 to Question #3 - Rav Nachman bar Yitzchak): R. Dosa taught only about Kablanim, but not about day laborers;

1.

The Beraisa discusses a job that will entail a loss if it is not finished. All agree that he can quit only due to Ones.

(d)

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

1.

We understand 'anyone who deviates has the lower hand.' The Mishnah is R. Yehudah, who argues (78b) with R. Meir about a worker who deviated from what he was asked to do.

2.

Question: What does 'anyone who retracts has the lower hand' teach?

3.

Answer #1: It refers to a day laborer, according to R. Dosa!

(e)

Answer #2: Really, R. Dosa taught about Kablanim and day laborers;

1.

Rav agrees with R. Dosa regarding Kablanim, he argues about day laborers.

(f)

Answer #3 (and Answer #2 to Question d:2): (Really, R. Dosa taught only about Kablanim.) 'Anyone who retracts has the lower hand' teaches like the following.

1.

(Beraisa): If Reuven sold a field to Shimon for 1000, and Shimon paid 200, if Reuven retracts, Shimon has the upper hand. He can demand his money back, or land worth 200;

i.

Shimon may take Idis (best quantity land).

2.

If Shimon retracts, Reuven has the upper hand. He can return the money, or give land worth 200.

i.

He may give Ziburis (worst quantity land).

3.

R. Shimon ben Gamliel says, we teach them not to retract. Rather, they write a document saying that Shimon bought the field and still owes 800, which he may pay later.

(g)

(Beraisa): Shimon may take the Idis (of Reuven's property).

(h)

Question #1: Shimon is a creditor! (He should get Beinonis!)

1.

(Mishnah): A creditor collects Beinonis (middle quantity land).

(i)

Question #2: Shimon should take from the land he bought!

(j)

Answer #1 (to both questions - Rav Nachman bar Yitzchak): The Beraisa means that he collects from the Idis or Ziburis (in the Reisha and Seifa, respectively) of that field.

(k)

Answer #2 (Rav Acha brei d'Rav Ika): To raise money to buy such an expensive land, Shimon probably had to sell his Metaltelim or small fields at a loss. Therefore, Reuven is considered a Mazik, who pays from Idis.

4)

A SELLER ANXIOUS FOR THE MONEY [line 37]

(a)

(Beraisa #1 - R. Shimon ben Gamliel): We teach them not to retract. Rather, they write...

(b)

Inference: Without writing this, Shimon would not acquire the field!

(c)

Contradiction (Beraisa #2 - R. Yosi): If Levi gave Shimon a security, and said 'if I retract (from buying), you may keep this', and Shimon said 'if I retract, I will give double your security (worth of the sale item)', their Tanayim take effect;

1.

This is like R. Yosi holds elsewhere, that Asmachta (an exaggerated promise) takes effect.

2.

R. Yehudah says, he acquires only as much as the value of the security (and if the buyer retracts, he gets back his security);

3.

R. Shimon ben Gamliel: They argue when he said 'my security should acquire (like a security. It is not the beginning of payment)';

i.

However, if Levi bought land and paid half of the price, he acquires it all immediately. The rest of the money can be given years later.

(d)

Answer: In Beraisa #1, the seller pursues the buyer to get the money. (This shows that he sold only because he needs the money. Since Shimon cannot pay the full amount, he does not acquire, unless they write...) In Beraisa #2, the seller does not show anxiety for the money (so Shimon acquires);

1.

(Rava): If the seller shows anxiety for the money, the buyer does not acquire (unless he pays right away). If the seller does not show anxiety for the money, the buyer acquires.

(e)

(Rava): If Reuven borrowed 100 Zuz and paid it back Zuz by Zuz, this is valid payment, but the lender may bear a grudge, for he loses small amounts.

(f)

A case occurred in which Reuven sold a donkey to Shimon. He showed anxiety for the last Zuz.

(g)

Question (Rav Ashi): Does Shimon acquire?

(h)

Answer (Rav Mordechai): Rava taught that one Zuz is like many. He does not acquire.

(i)

Question (Rav Acha brei d'Rav Yosef): People say in the name of Rava that he acquires!

(j)

Answer (Rav Ashi): Rava said so when he sells his field due to its poor quality.