Commentaire sur Bava Metzia 6:4
הַשּׂוֹכֵר אֶת הַפָּרָה לַחֲרשׁ בָּהָר וְחָרַשׁ בַּבִּקְעָה, אִם נִשְׁבַּר הַקַּנְקַן, פָּטוּר. בַּבִּקְעָה וְחָרַשׁ בָּהָר, אִם נִשְׁבַּר הַקַּנְקַן, חַיָּב. לָדוּשׁ בַּקִּטְנִית וְדָשׁ בַּתְּבוּאָה, פָּטוּר, לָדוּשׁ בַּתְּבוּאָה וְדָשׁ בַּקִּטְנִית, חַיָּב, מִפְּנֵי שֶׁהַקִּטְנִית מַחֲלָקֶת:
Si quelqu'un a loué une vache pour labourer sur une montagne [(et que tous les outils de labour du propriétaire et ses jeunes vont avec son animal et labourent avec lui)], et il a labouré dans une vallée —Si le coutre s'est cassé, il n'est pas responsable. (S'il le louait pour labourer dans une vallée) et il labourait sur une montagne—si le coutre s'est cassé, il est responsable, [car les montagnes, étant rocheuses, sont plus difficiles à labourer que les vallées.] Pour fouler le pouls, et il a foulé le grain, il n'est pas responsable [s'il a glissé]. Pour fouler le grain, et il a foulé le pouls, il est responsable, car le pouls est glissant.
Bartenura on Mishnah Bava Metzia
השוכר את הפרה לחרוש וכו' – and all of the utensils of the plough go to the owner of the cow, and his youth go with his animal and plough with it.
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English Explanation of Mishnah Bava Metzia
Introduction
The two mishnayoth which we will learn today continue to discuss the main topic of the chapter: breaches of contract.
Mishnah four deals with one who hires a cow to plow on a certain type of terrain and then uses the cow for a different terrain and the plow attached to the cow breaks. Alternatively he hires the cow to thresh a certain type of produce and then he uses it to thresh a different type of produce and the cow slips and is injured.
Mishnah five deals with one who hires a donkey to carry a load of a certain weight or volume and then adds on to that weight or volume, thereby causing the donkey and be injured.
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Bartenura on Mishnah Bava Metzia
נשבר הקנקן – the pin of the plough which has the iron.
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English Explanation of Mishnah Bava Metzia
The general principle behind this mishnah (and the other mishnayoth of the chapter) is that if one hires an animal to do work in which it is unlikely to sustain a certain type of injury and he then uses the animal for a work in which he would be more likely to sustain that injury and the animal is injured he is obligated. If however he uses the animal for work in which the animal would be less likely to be injured and the animal is injured he is exempt from paying damages.
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Bartenura on Mishnah Bava Metzia
חייב – for the mountains are harder to plough than the values because of the rocks that are there.
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English Explanation of Mishnah Bava Metzia
If one hired a cow to plow in the hill country and he plowed in the valley, if the plowshare was broken he is exempt. [If one hired a cow to plow] in the valley and he plowed in the hill country, if the plowshare was broken he is liable. The land in a valley is softer and less likely to break the plowshare than the land in the hill country. Therefore if he hires the cow and its plowshare to work in the rocky hill country and he uses it in the softer valley and the plowshare still breaks he is exempt. The assumption is that if it broke in the valley all the more so it would have broken in the hill country. If, however, he hired it to plow in the valley and he plowed with it in the hill country and the plowshare broke he is liable. The assumption is that if he had taken it to the valley, as he was supposed to, it would not have broken.
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Bartenura on Mishnah Bava Metzia
ודש בתבואה – he is exempt if it is smooth.
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English Explanation of Mishnah Bava Metzia
[If one hired it] to thresh beans and he threshed grain [and the cow slipped and was injured], he is exempt. [If one hired it] to thresh grain and he threshed beans [and the cow slipped and was injured], he is liable. An animal is more likely to slip and be damaged while threshing beans than while threshing grain. Therefore if he was supposed to thresh beans and he threshed grain and the animal slipped he is exempt. However, if he was supposed to thresh grain and he threshed beans he is liable, since he made the animal do a more difficult work than he had hired it for.
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English Explanation of Mishnah Bava Metzia
Questions for Further Thought:
• In mishnah three we learned that a hirer who does not abide by the terms of the contract is automatically liable for any damage. However, in mishnayoth four and five there are circumstances where he is not automatically liable even though he did not abide by the terms of the contract. How are these mishnayoth different from the previous one?
• In mishnah three we learned that a hirer who does not abide by the terms of the contract is automatically liable for any damage. However, in mishnayoth four and five there are circumstances where he is not automatically liable even though he did not abide by the terms of the contract. How are these mishnayoth different from the previous one?
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