Bava Metzia 9

הַמְקַבֵּל שָׂדֶה מֵחֲבֵרוֹ, מְקוֹם שֶׁנָּהֲגוּ לִקְצֹר, יִקְצֹר, לַעֲקֹר, יַעֲקֹר, לַחֲרשׁ אַחֲרָיו, יַחֲרשׁ. הַכֹּל כְּמִנְהַג הַמְּדִינָה. כְּשֵׁם שֶׁחוֹלְקִין בַּתְּבוּאָה, כָּךְ חוֹלְקִין בַּתֶּבֶן וּבַקַּשׁ. כְּשֵׁם שֶׁחוֹלְקִין בַּיַּיִן, כָּךְ חוֹלְקִין בַּזְּמוֹרוֹת וּבַקָּנִים. וּשְׁנֵיהֶם מְסַפְּקִין אֶת הַקָּנִים:

If one accepts a field from his neighbor [in arisuth (tenant-farming), to give (to the owner) a half, a third, or a fourth (of the yield), or in chachiruth (rental), for so many and so many korin a year], in a place where the custom is to cut (the grain), he cuts it; to uproot, he uproots; to plow after it, [after the cutting or the uprooting, in order to overturn roots of bad grasses in it and kill them], he plows after it — all according to the custom of the land. Just as they divide the grain, so they divide the straw and the stubble. Just as they divide the wine, so they divide the shoots and the (vine) staves. And both supply the staves. [This is the reason (for what precedes), i.e., Why is it that they divide the staves? Because both supply the new staves each year.]

הַמְקַבֵּל שָׂדֶה מֵחֲבֵרוֹ, וְהִיא בֵית הַשְּׁלָחִין אוֹ בֵית הָאִילָן, יָבַשׁ הַמַּעְיָן וְנִקְצַץ הָאִילָן, אֵינוֹ מְנַכֶּה לוֹ מִן חֲכוֹרוֹ. אִם אָמַר לוֹ חֲכֹר לִי שְׂדֵה בֵית הַשְּׁלָחִין זֶה אוֹ שְׂדֵה בֵית הָאִילָן זֶה, יָבַשׁ הַמַּעְיָן וְנִקְצַץ הָאִילָן, מְנַכֶּה לוֹ מִן חֲכוֹרוֹ:

If one received a field from his neighbor, and it were beth hashlachin [dry land, lacking sufficient rain (and, therefore, irrigated)] or a tree-field, [and "beloved" of the tenant-farmer by virtue of the tree, being enabled to share in the fruits without exertion] — If the well [from which the field were irrigated] dried up, or the tree were cut, this does not reduce his rental [if he received the field on rental, so many and so many korin a year; for in the beginning he did not indicate that he was adding to the rental because of the well or the field.] If he (the renter) said to him (the owner): Rent me this beth hashlachin field, or this tree-field — If the well dried up or the tree were cut, his rental is reduced, [the renter having indicated that he was adding to the rental because of the well].

הַמְקַבֵּל שָׂדֶה מֵחֲבֵרוֹ וְהוֹבִירָהּ, שָׁמִין אוֹתָהּ כַּמָּה רְאוּיָה לַעֲשׂוֹת וְנוֹתֵן לוֹ, שֶׁכָּךְ כּוֹתֵב לוֹ, אִם אוֹבִיר וְלֹא אַעֲבֵיד, אֲשַׁלֵּם בְּמֵיטְבָא:

If one received a field from his neighbor [for a half, a third, or a quarter of the yield], and he let it lie fallow [neither plowing nor sowing it], its yield-potential is assessed, and he (the renter) gives it (that yield) to him (the owner). For thus does he write to him: "If I let it lie fallow and do not work it, I will pay according to its potential" [i.e., according to what it would yield if it were properly plowed and seeded.]

הַמְקַבֵּל שָׂדֶה מֵחֲבֵרוֹ וְלֹא רָצָה לְנַכֵּשׁ, וְאָמַר לוֹ מָה אִכְפַּת לְךָ, הוֹאִיל וַאֲנִי נוֹתֵן לְךָ חֲכוֹרָהּ, אֵין שׁוֹמְעִין לוֹ, מִפְּנֵי שֶׁיָּכוֹל לוֹמַר לוֹ, לְמָחָר אַתָּה יוֹצֵא מִמֶּנָּה, וּמַעֲלָה לְפָנַי עֲשָׂבִים:

If one received a field from his neighbor and did not wish to weed it [i.e., to remove bad grass, which weakens the soil and impedes the growth of the grain], and he (the renter) said to him: "What difference does it make to you [if my share is less because the grasses reduce the ears]? I will give you the rental" [so many and so many korin, that I agreed to], he is not heeded, because he (the owner) can tell him: "Tomorrow you may leave it, and it will raise (bad) grasses for me."

הַמְקַבֵּל שָׂדֶה מֵחֲבֵרוֹ וְלֹא עָשְׂתָה, אִם יֶשׁ בָּהּ כְּדֵי לְהַעֲמִיד כְּרִי, חַיָּב לְטַפֵּל בָּהּ. אָמַר רַבִּי יְהוּדָה, מַה קִּצְבָּה בַכְּרִי. אֶלָּא אִם יֶשׁ בָּהּ כְּדֵי נְפִילָה:

If one received a field from his neighbor [for half, a third, or a quarter of the yield, as a tenant-farmer], and it did not yield [i.e., it yielded very little; and the tenant-farmer came to him to (inform him that he would) stop working it, it not being worth his effort] — If there is enough in it (the field) to cover the winnowing shovel (leha'amid kri) [close to two sa'ah], he must work it [perforce]. R. Yehudah said: What kind of measurement is kri? [The kri measurement is not appropriate for both a large and a small field, for the cultivation of the one is not comparable to that of the other.] Rather, (the criterion is) if there is enough (to equal) the dropping (of seed). [If the measure of the yield equals that of the sowing, he must cultivate it. The halachah is not in accordance with R. Yehudah.]

הַמְקַבֵּל שָׂדֶה מֵחֲבֵרוֹ וַאֲכָלָהּ חָגָב אוֹ נִשְׁדְּפָה, אִם מַכַּת מְדִינָה הִיא, מְנַכֶּה לוֹ מִן חֲכוֹרוֹ, אִם אֵינוֹ מַכַּת מְדִינָה, אֵינוֹ מְנַכֶּה לוֹ מִן חֲכוֹרוֹ. רַבִּי יְהוּדָה אוֹמֵר, אִם קִבְּלָהּ הֵימֶנּוּ בְמָעוֹת, בֵּין כָּךְ וּבֵין כָּךְ אֵינוֹ מְנַכֶּה לוֹ מֵחֲכוֹרוֹ:

If one received a field from his neighbor [in rental — so many and so many korin], and it were eaten by locusts or blasted — If it were "a plague of the land" [i.e., if most of the fields of that land were locust-eaten or blasted], he deducts from his rental. If it were not "a plague of the land," he does not deduct from his rental, [for he (the owner) says to him: "It's your hard luck."] R. Yehudah says: If he received it from him for (payment in) money, in either event, [even if it were a plague of the land], he does not deduct, [for the "decree" did not go forth against money.]

הַמְקַבֵּל שָׂדֶה מֵחֲבֵרוֹ בַּעֲשָׂרָה כּוֹר חִטִּים לְשָׁנָה, לָקְתָה, נוֹתֵן לוֹ מִתּוֹכָהּ. הָיוּ חִטֶּיהָ יָפוֹת, לֹא יֹאמַר לוֹ הֲרֵינִי לוֹקֵחַ מִן הַשּׁוּק, אֶלָּא נוֹתֵן לוֹ מִתּוֹכָהּ:

If one received a field from his neighbor [in rental] for ten [i.e., for such and such] kor of wheat for a year, and it were blasted, he gives him [the stipulated ten kor] from its midst [i.e., from this blasted wheat, and the other cannot claim good wheat.] If the wheat were prime, he (the renter) cannot tell him (the owner): "I will buy some (for you) from the market," but he must give him from its midst.

הַמְקַבֵּל שָׂדֶה מֵחֲבֵרוֹ לְזָרְעָהּ שְׂעֹרִים, לֹא יִזְרָעֶנָּה חִטִּים, חִטִּים, יִזְרָעֶנָּה שְׂעֹרִים. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹסֵר. תְּבוּאָה, לֹא יִזְרָעֶנָּה קִטְנִית, קִטְנִית, יִזְרָעֶנָּה תְבוּאָה. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹסֵר:

If one received a field from his neighbor [in rental] to sow it with barley [i.e., for so much barley or wheat or money], he may not sow it with wheat; (If he received it to sow it with) wheat, he may sow it with barley, [for wheat weakens the soil more than barley.] R. Shimon b. Gamliel forbids it. [For it is harmful to the soil to sow it with one kind (of seed) one year, and with a different kind another. As to the halachah, all is according to the soil and the place. If the stipulation were for something that weakens the soil a little, he cannot change it and sow something that weakens it a lot. If the reverse, it is permitted.] (If he received it to sow it) with grain, he may not sow it with pulse; with pulse, he may sow it with grain. R. Shimon b. Gamliel forbids it.

הַמְקַבֵּל שָׂדֶה מֵחֲבֵרוֹ לְשָׁנִים מֻעָטוֹת, לֹא יִזְרָעֶנָּה פִשְׁתָּן, וְאֵין לוֹ בְקוֹרַת שִׁקְמָה. קִבְּלָהּ הֵימֶנּוּ לְשֶׁבַע שָׁנִים, שָׁנָה רִאשׁוֹנָה יִזְרָעֶנָּה פִשְׁתָּן, וְיֶשׁ לוֹ בְקוֹרַת שִׁקְמָה:

If one received a field from his neighbor for few years, [less than seven], he may not sow it with flax, [for flax seed greatly weakens the soil, and its roots remain in the ground for seven years], and he has no (cutting privileges) in the trunk of a sycamore, [a wild fig tree, whose branches are cut for beams.] If he received it from him for seven years, the first year he may sow it with flax, and he has (cutting privileges) in the trunk of a sycamore. [The sycamore is a wild fig tree whose branches are cut for beams. When cut, they grow again, but in fewer than seven years, they cannot be made into beams. Therefore, if he received it for fewer than seven years, he may not cut it for beams, not having received it for this purpose. For in a few years they cannot grow back (to be suitable) for beams. But if he received it for seven years, the first year he may sow it with flax, and he may cut the sycamore that is in it.]

הַמְקַבֵּל שָׂדֶה מֵחֲבֵרוֹ לְשָׁבוּעַ אַחַת בִּשְׁבַע מֵאוֹת זוּז, הַשְּׁבִיעִית מִן הַמִּנְיָן. קִבְּלָהּ הֵימֶנּוּ שֶׁבַע שָׁנִים בִּשְׁבַע מֵאוֹת זוּז, אֵין הַשְּׁבִיעִית מִן הַמִּנְיָן:

If one received a field from his neighbor for one seven-year period for seven hundred zuz, the shemitah year (in which the field must lie fallow) is included. If he received it from him for seven years for seven hundred zuz, the shemitah year is not included (and he has it for another "productive" year).

שְׂכִיר יוֹם גּוֹבֶה כָל הַלַּיְלָה, שְׂכִיר לַיְלָה גּוֹבֶה כָל הַיּוֹם, שְׂכִיר שָׁעוֹת גּוֹבֶה כָל הַלַּיְלָה וְכָל הַיּוֹם. שְׂכִיר שַׁבָּת, שְׂכִיר חֹדֶשׁ, שְׂכִיר שָׁנָה, שְׂכִיר שָׁבוּעַ, יָצָא בַיּוֹם, גּוֹבֶה כָל הַיּוֹם, יָצָא בַלַּיְלָה, גּוֹבֶה כָל הַלַּיְלָה וְכָל הַיּוֹם:

A hired day-laborer claims (his wages) the entire night. A hired night-laborer claims the entire day. [("A hired day-laborer claims the entire night":) after that day, it being written (Leviticus 19:13): "There shall not abide the wages of a hired man with you until the morning." This cannot be speaking of a hired night-laborer, for hire is paid only at the end (of the working period), it being written (Ibid. 25:53): "As a hired man, year by year," which is expounded: The hire for this year is paid (only) at the beginning of the next year, whence we derive that he (the employer) is not indebted to the day-laborer until sunset. And (Deuteronomy 24:15): "the sun shall not go down upon it" must, perforce, apply to a hired night-laborer, the employer not being indebted to him until morning.] A hired hour-laborer claims the entire day and the entire night. [This is what is intended: A hired day hour-laborer claims the entire day; a hired night hour-laborer claims the entire night.] A hired week-laborer, a hired month-laborer, a hired year-laborer, a hired shemitah-laborer — if his hire ended in the day [i.e., in the morning or during the day], he claims the entire day, [and when the sun sets, the employer transgresses: "There shall not abide, etc."]. If his hire ended at night, he claims the entire night and the entire day. [For since his work continued into dark, he is like a hired night-laborer, and he (the employer) does not transgress in the morning until the next day at sunset.]

אֶחָד שְׂכַר אָדָם וְאֶחָד שְׂכַר בְּהֵמָה וְאֶחָד שְׂכַר כֵּלִים, יֶשׁ בּוֹ מִשּׁוּם (דברים כד) בְּיוֹמוֹ תִתֵּן שְׂכָרוֹ, וְיֶשׁ בּוֹ מִשּׁוּם (ויקרא יט) לֹא תָלִין פְּעֻלַּת שָׂכִיר אִתְּךָ עַד בֹּקֶר. אֵימָתַי, בִּזְמַן שֶׁתְּבָעוֹ, לֹא תְבָעוֹ, אֵינוֹ עוֹבֵר עָלָיו. הִמְחָהוּ אֵצֶל חֶנְוָנִי אוֹ אֵצֶל שֻׁלְחָנִי, אֵינוֹ עוֹבֵר עָלָיו. שָׂכִיר, בִּזְמַנּוֹ נִשְׁבָּע וְנוֹטֵל, עָבַר זְמַנּוֹ אֵינוֹ נִשְׁבָּע וְנוֹטֵל. אִם יֵשׁ עֵדִים שֶׁתְּבָעוֹ, הֲרֵי זֶה נִשְׁבָּע וְנוֹטֵל. גֵּר תּוֹשָׁב יֶשׁ בּוֹ מִשּׁוּם בְּיוֹמוֹ תִתֵּן שְׂכָרוֹ, וְאֵין בּוֹ מִשּׁוּם לֹא תָלִין פְּעֻלַּת שָׂכִיר אִתְּךָ עַד בֹּקֶר:

Both the hire of a man, the hire of a beast, and the hire of vessels are subsumed in (Deuteronomy 24:15): "In his (or its) day shall you give his (or its) hire," and in (Leviticus 19:13): "There shall not abide the work of what is hired with you until morning" [ — everything whose work is with you, even beast and vessels.] When is this so? (that he transgresses) When he claims (his wage). If he does not claim, he does not transgress, [it being written: "with you" (i.e., when the "abiding" is) by your will, and against his.] If he "diverted" him [from himself] to a shopkeeper, [saying: "Give this worker fruit for a dinar and I will pay"], or to a money changer, [telling him: "Give him a dinar in currency"], he does not transgress, [it being written: "with you," and not if he is diverted to a shopkeeper.] A hired laborer (who claims his wage) in his (appointed) time, swears and takes. [Because the employer is busy with his workers and sometimes thinks that he has given when he has not, they "took" the oath from him and imposed it on the laborer.] If the time has passed, he does not swear and take. [Even though the employer is busy with his workers, when the time of indebtedness arrives, it "weighs" upon him and he remembers, and the employer is not suspect of transgressing "There shall not abide."] If there are witnesses that he claimed (and was not paid), he swears and takes. A ger-toshav [someone (a non-Jew) who took it upon himself not to serve idolatry, and who eats carrion] is subsumed in "In his day shall you give his wage," but not in "There shall not abide the wages of a hired man with you until the morning," [the verse beginning "Do not oppress your fellow" — your fellow (Jew), and not a ger-toshav.]

הַמַּלְוֶה אֶת חֲבֵרוֹ, לֹא יְמַשְׁכְּנֶנּוּ אֶלָּא בְּבֵית דִּין, וְלֹא יִכָּנֵס לְבֵיתוֹ לִטֹּל מַשְׁכּוֹנוֹ, שֶׁנֶּאֱמַר (דברים כד) בַּחוּץ תַּעֲמֹד. הָיוּ לוֹ שְׁנֵי כֵלִים, נוֹטֵל אֶחָד וּמַנִּיחַ אֶחָד, וּמַחֲזִיר אֶת הַכַּר בַּלַּיְלָה וְאֶת הַמַּחֲרֵשָׁה בַיּוֹם. וְאִם מֵת, אֵינוֹ מַחֲזִיר לְיוֹרְשָׁיו. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, אַף לְעַצְמוֹ אֵינוֹ מַחֲזִיר אֶלָּא עַד שְׁלשִׁים יוֹם, וּמִשְּׁלשִׁים יוֹם וּלְהַלָּן מוֹכְרָן בְּבֵית דִּין. אַלְמָנָה, בֵּין שֶׁהִיא עֲנִיָּה בֵּין שֶׁהִיא עֲשִׁירָה, אֵין מְמַשְׁכְּנִין אוֹתָהּ, שֶׁנֶּאֱמַר (דברים כד) וְלֹא תַחֲבֹל בֶּגֶד אַלְמָנָה. הַחוֹבֵל אֶת הָרֵחַיִם, עוֹבֵר בְּלֹא תַעֲשֶׂה, וְחַיָּב מִשּׁוּם שְׁנֵי כֵלִים, שֶׁנֶּאֱמַר (שם) לֹא יַחֲבֹל רֵחַיִם וָרָכֶב. וְלֹא רֵחַיִם וָרֶכֶב בִּלְבַד אָמְרוּ, אֶלָּא כָל דָּבָר שֶׁעוֹשִׂין בּוֹ אֹכֶל נֶפֶשׁ, שֶׁנֶּאֱמַר (דברים כד) כִּי נֶפֶשׁ הוּא חֹבֵל:

If one gave a loan to his neighbor, [and the time came and he did not repay him], he may not take a pledge from him [forcibly, even in the marketplace], except through [a messenger of] beth-din; and he [the messenger of beth-din (and, it goes without saying, the creditor himself)] may not enter his house to take his pledge, it being written (Deuteronomy 24:11): "Outside shall you stand." If he had two vessels, [his debt being against both, and both standing in pledge], he takes one and returns one [when the other needs it. He returns it, and keeps the other with him, viz.:] He returns the pillow at night and the plow in the daytime. And if he (the debtor) dies, he (the creditor) does not return (the pledge) to his heirs, [there being no mitzvah to return it, it being written (Ibid. 13): "Return shall you return to him the pledge" — to him, and not to his heirs.] R. Shimon b. Gamliel says: Even to him (the debtor) himself, he returns it only until thirty days [the time of beth-din], and from the thirtieth day on it is sold in beth-din. [The halachah is not in accordance with R. Shimon b. Gamliel.] A pledge is not taken from a widow, whether she be poor or rich, it being written (Deuteronomy 24:17): "And you shall not take as a pledge the garment of a widow." [Because there is one who holds that it is a poor widow from whom a pledge is not taken, for since you must return it to her, and she comes and goes with you, you give her a bad name with her neighbors — but with a rich one, to whom this does not apply, we might think that a pledge is taken; we must, therefore, be apprised to the contrary, viz.: "You shall not take the pledge of a widow" subsumes both a poor and a rich widow.] If one takes a mill as a pledge, he transgresses a negative commandment, and he is liable (individually) for two implements, viz. (Ibid. 6): "One shall not take as a pledge the nether millstone nor the upper millstone." And it is not only nether and upper millstone that were interdicted, but all things which are used for food processing, viz. (Ibid.): "for it is a soul that he takes as a pledge."