BAVA METZIA 105 (6 Sivan) - Dedicated by Eddie and Esther Turkel in memory of Chaim Yosef ben Ephraim Henoch HaLevi z”l.

1)

A PLAGUED FIELD (Cont'd) (Yerushalmi Halachah 5 Daf 32b)

' . .

(a)

Shimon bar Vava citing R. Yochanan: (He may only reduce payment) if he had already sown (when the plague/ high winds struck; as if not), the owner can tell him, "If you would have planted it, you would have produced a large amount''...

[ ] '.

(b)

Question: If all of the neighboring fields were also stricken, how would it have helped to have already sown?

.

(c)

Answer: The owner could say, "Hash-m is patient with evildoers; perhaps He would have made a miracle and saved my crops!''

.

(d)

Question: But there were other fields there (that they partnered in) that were stricken? (It seems that Hash-m is punishing this landowner.)

:

(e)

Answer: The owner could say, "The other fields were a punishment, but this field is no longer a punishment (and it was the sharecropper's Mazal that caused it''.

2)

RUINED AND BAD QUALITY CROPS (Yerushalmi Halachah 6 Daf 33a)

(a)

(Mishnah): If a sharecropper received a field (in Chakirus with an agreement to give) ten Kur of wheat (per year and the wheat was) ruined by high winds, he should pay the owner from any crops that grew that year.

:

(b)

If good quality wheat grew, a sharecropper cannot say, "I am paying you from wheat I will buy in the market''; rather, he must give wheat from the field.

[ ] ( )

(c)

(Gemara) - Beraisa: If a sharecropper received a field from a Yisrael (in Chakirus), he must separate (only) Terumah (Gedolah) and then give the owner (the amount that they agreed upon. Maaser must then be separated by the owner.)

[ ]

(d)

R. Yehudah: If he gave him produce from that field and that species, the sharecropper separates (only) Terumah. If he gave from a different field or from a different species, he must also give Maaser before he gives the owner (his portion).

[ ] ( ) [ ]

(e)

Chachamim: If he gave from that field, whether from the same species or from a different one, he must (only) separate Terumah and then give the owner his portion.

() [] [ ] () . (' :)

1.

If he gave from another field, whether from the same species or from a different one, he must (also) take off Maaser and then give to the owner his portion.