Si uno contratara artesanos [contractualmente —tanto trabajo por tanto dinero], y se retiraron [después de hacer parte de él], tienen la ventaja. [Si el precio de la mano de obra subió y no puede encontrar a nadie para completar el trabajo en lo que se le debe al primero hacia su finalización, se detiene de lo que les debe todo lo que necesita para que el trabajo se complete al costo estipulado con el primero Y si el precio de la mano de obra bajó, y puede encontrar a alguien que complete el trabajo por menos (de lo que se le debe al primero hacia su finalización), estima lo que han hecho y los paga según lo estipulado. Si hicieron la mitad, les da la mitad de la paga; y no pueden decir: "Tienes otros trabajadores para completar el trabajo—dénos todo nuestro salario menos lo que toman "]. Si el empleador se retira, él tiene la mano más baja. [Debe pagarles por lo que han hecho; y si el precio de la mano de obra baja, debe forzosamente pagarles según lo estipulado (para todo el trabajo) menos lo que debe pagar para completarlo.] Quien haga los cambios tiene la mano más baja. [Como cuando uno le daba una lana de tintorero para teñirla de rojo y la teñía de negro. Si la mejora (en el lana) es mayor que el gasto, no le da su salario completo, sino solo lo que cubre el costo de la lana y los tintes. Y si el gasto es mayor que la mejora, le da la (cantidad de) la mejora.] Y el que se retira tiene la ventaja. [Esto incluye a alguien que vende su campo a su vecino por mil zuz, recibiendo doscientos por adelantado. Si el vendedor se retira, el comprador tiene la ventaja. Si lo desea, puede decirle: "Dame mi dinero" y, si lo desea, puede decirle: "Dame tierra por mi dinero". Y si el comprador se retira, el vendedor tiene e superior. Si lo desea, puede decirle: "Aquí está su dinero", y si lo desea, puede decirle: "Aquí hay tierra para su dinero"].
Rambam on Mishnah Bava Metzia
If a person hires artisans to harvest his field - for example - for two denarii and he gives them one denarius, if they change their minds [about performing the task], if they wish they can return the denarius to him or they can say to him, we will do [the portion of the job] that you have already paid us for. But - if [the workers] have already harvested half the field and they want to change their minds - [the field's owner] can make an evaluation of the value of their labor and if it exceeds one denarius, he does not need to give them more than the denarius that he has already given to them. And he can say to them, finish the job of harvesting the field and I will pay you your wage. And this is the meaning of "if they change their minds - they are in the weaker position." And if the owner changes his mind, he is in the weaker position. And he must give to [the workers] the value of their labor, if they should be paid more than one denarius. And [the Mishnah] said "whoever alters the agreement is in the weaker position": This is as we explained it, if a person purchases land and makes partial payment, if the seller is the one who changed his mind, the purchaser has the choice. If he wishes, he can take the amount of land that corresponds to his payment from the best land in the field that he bought. And if the purchaser is the one who changed his mind about the purchase - the situation is reversed. So long as [the purchaser] said "my earnest money acquires [the field]," he acquires the amount that corresponds to the money. And if the seller demands what remains of the money [to be paid for the field] and [the purchaser] delays payment - the sale is not complete until [the purchaser] pays the [full amount].
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Bartenura on Mishnah Bava Metzia
השוכר את האומנין – work on a contract (as opposed to time work): such work for such-and-such money.
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English Explanation of Mishnah Bava Metzia
If one hired craftsmen and they retracted, they are at a disadvantage. If one hired craftsmen and they retracted in the middle of fulfilling their contract, for instance painting a house, they are at a disadvantage. In such a case the householder who wants to have the rest of his house painted will need to hire more workers. If the second set of workers are more expensive than the first set the householder is allowed to reduce the wages paid to the first set of workers in order to compensate for paying more to the second set. If the second set are cheaper the first set of workers cannot ask for more money for doing the first half of the work, even though in the end the householder will pay a smaller total amount for the work. In this way the first workers who reneged in the middle of a deal can lose money but not gain.
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Bartenura on Mishnah Bava Metzia
וחזרו בהם – after they did part of the work.
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English Explanation of Mishnah Bava Metzia
If the householder (the retracted he is at a disadvantage. If, however, the employer changed his mind in the middle of the painting of the house, he is at a disadvantage. If the price of workers has gone up, he still must pay the first set of workers the full wage for the work they had done. If the price of workers has gone down he must pay the first workers the full total wage, minus what he has had to pay to the second workers. In such a way the employer will lose money, if the price of workers has gone up, but he will not gain, even if the price of workers has gone down.
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Bartenura on Mishnah Bava Metzia
ידם על התחתונה – if the price of workers increased and he does not find someone who will finish it at the salary that would come to those who would do so in the future, they withhold from their salary from what they did, all the while he needs to spend until his work is completed at the wages that he had stipulated with them. And if price of workers decreased, and he can find someone who will complete it (i.e., the work) for less, they should estimate for them what they did and give them what they stipulated; if they did half, he should give them half of their wages, and they cannot say to him: “Behold, other workers coming in place of us to complete your work and give us all of our salary except for what these [other workers] take.
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English Explanation of Mishnah Bava Metzia
Whosoever changes [the conditions of a contract] is at a disadvantage. If a person hires someone to do a certain piece of work in a certain way, for instance to color his wool red, and the employee did it in a different way, for instance he colored it green, the employee is at a disadvantage. If the cost of the dye was higher than the improvement in the price of the wool, from non-dyed wool to green wool, then the employer pays him the lower amount, that is the amount of improvement. If the amount that the wool was improved was higher than the cost of the dye than the employer only pays for the cost of the dye. (See Bava Kamma 9:4).
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Bartenura on Mishnah Bava Metzia
ואם בעה"ב חוזר בו ידו על התחתונה – he should give them according to what they did, and if the work performed was cheaper, he (i.e., the owner/boss), should by force give them as he stipulated, except for what he needs to expend in its completion.
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English Explanation of Mishnah Bava Metzia
And anyone who retracts is at a disadvantage. This section summarizes what was in the first section of the mishnah.
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Bartenura on Mishnah Bava Metzia
כל המשנה ידו על התחתונה – [See Mishnah Bava Kamma, Chapter 8, Mishnah 4 as the commentary below summarizes the contents of this Mishnah.] Such as the case where one gave wool to the dyer to be dyed read and he died it back, if the income from the improvement exceeds the outlay (see also Ketubot 80a), he does not give him his complete salary but only the cost of the outlay of wood and dyes, but if the [cost of the] outlay is greater than the improvements, then give him the value of the improvements.
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English Explanation of Mishnah Bava Metzia
Questions for Further Thought: • According to mishnah two does an employee have a right to stop working in the middle of a job? Compare this with contract law in modern times. How are they similar and how are they different?
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Bartenura on Mishnah Bava Metzia
וכל החוזר בו ידו על התחתונה – to include the person who sells a field to his fellow for one thousand zuz and he (i.e., the purchaser) gave him from them two hundred zuz – and the seller retracted. The hand of the purchaser is on top. If he (i.e., the purchaser) wanted, he could say to him (i.e., the seller), “give me my money;” if he wanted, he could say to him, “give me land corresponding to my money [which is currently in your hands].” If the purchaser retracts, the hand of the seller is on top. If he (i.e., the seller) wanted, he could say to him (i.e., the purchaser), “here is your money,” If he wanted, he could say to him, “here is land corresponding to your monies.”
