פירוש על בבא מציעא 9:5

המקבל שדה מחבירו – for one-half, one third or one-fourth like a tenant.

Introduction Mishnah five deals with a sharecropper whose crops are not ruined but nevertheless produce an extremely low yield. The question is asked must the sharecropper harvest the crop even though the effort will not be worth the yield. Mishnah six deals with a sharecropper’s liability to uphold his share in the rental agreement when his crops are ruined by either locusts or strong winds.

ולא עשתה – grain other than a little bit. And the tenant farmer came to him to prevent from engaging with it (i.e., the field) more, for there isn’t there worth his toil.

If one leased a field from his fellow and it was not fruitful, if there was enough produce to make a heap, he must still tend to it. Rabbi Judah says: “What type of measure is a ‘heap’? Rather, [he must tend to it] only if it yields as much grain as was sown there.” In mishnah three we discussed a sharecropper who decided not to care for the field at all. In mishnah five we learn of a sharecropper who did plant the field with grain as he was supposed to, but the crops did not produce enough of a yield for it to be worthwhile for him to harvest them. The question is asked must the sharecropper nevertheless toil to give back to the owner of the field something, even if it is a small amount, or is he allowed to not harvest the field. According to the first opinion in the mishnah, as long as there is enough produce in the field to make a heap of grain he must harvest it. Even though for the sharecropper this will not be worthwhile for his labor is worth more than the value of crops harvested, he must nevertheless do so, so that he can give the owner his percentage. Rabbi Judah states that a “heap” is not a fixed enough measure, since it is not relative to the amount planted. In other words, a large field that produces a heap is not to be treated the same as a small field which produces a heap. Instead, according to Rabbi Judah, as long as there is enough produce in the field to replicate the grain that was sown there, the sharecropper must harvest it. In other words the needed yield is relative to the amount sown.

אם יש בה כרי – to make of its grain a pile, that there is enough to cover the winnowing shovel that one winnows/scatters with it the grain, and if it is close to two Seah, one is obligated to engage with it against his will

Questions for Further Thought:
• Mishnah five: Why does Rabbi Judah say that for the sharecropper to be obligated to harvest the field the field must yield as much grain as was used to seed the field? What is the significance of such an amount? How does this differ from the opinion in the first clause?

מה קצבה בכרי – this limit is not appropriate that would be a large field with the measurement of a pile and a small field with the measurement of a pile, and the care of a large field is not similar to the care of a small field.

אלא אם יש בו כדי נפילה – that is to say, according to the measurement of what he sows in it, he is liable to engage with it. But the Halakha is not according to Rabbi Yehuda.