Se alguém aceita um campo de seu vizinho [em arisuth (agricultura de inquilinos), para doar (ao proprietário) metade, um terço ou um quarto (do rendimento) ou em chachiruth (aluguel), para tantos e tantos korin por ano], em um local onde o costume é cortar (o grão), ele o corta; para arrancar, ele arranca; arar depois dele, [depois do corte ou desenraizamento, a fim de derrubar raízes de gramíneas ruins e matá-las], ele lavra depois—tudo de acordo com o costume da terra. Assim como eles dividem o grão, também dividem a palha e a palha. Assim como eles dividem o vinho, eles também dividem os brotos e os cajados. E ambos fornecem as pautas. [Esta é a razão (pelo que precede), ou seja, por que eles dividem as pautas? Porque ambos fornecem as novas pautas todos os anos.]
Bartenura on Mishnah Bava Metzia
המקבל שדה – as a tenancy (who tills the owner’s ground for a certain share in the produce) for one half, a third or a quarter [of the produce] or a tenant who pays the landlord a fixed annual rent in kind, irrespective of the yield of the crops – for so many Kors per year.
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English Explanation of Mishnah Bava Metzia
Introduction
Most of the ninth chapter deals with arrangements between a field owner and his sharecropper, i.e. one who works the field and in return provides the owner with a fixed amount of produce (either through a percentage of the crops or a fixed amount). The first mishnah deals with some of the sharecroppers rights and obligations with regards to the field. The second mishnah deals with a field that has either a spring or a tree in it and the spring dries up or the tree is cut down.
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Bartenura on Mishnah Bava Metzia
לחרוש אחריו – after harvesting or the uprooting, in order to to turn over the roots of bad grasses that are there so that they will die.
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English Explanation of Mishnah Bava Metzia
If one leased a field from his fellow and the custom of the place was to cut the crops, he must cut them; If the custom was to uproot them, he must uproot them; If the custom was to plough after reaping, he must plough. Everything should follow local custom. A sharecropper must reap the field which he received from the owner in the manner that is normal for that type of crop in that area. If the custom was to cut the crops with a scythe then he must use the scythe. If the custom was to uproot the stalks then he must uproot them. Similarly, if the custom was to plough after reaping in order to uproot the weeds, then he must do so. If the custom was not to plough, the owner may not force him to do so. In summary, the owner of the field can force the sharecropper to treat the field in a “customary” manner, and the sharecropper need not perform “uncustomary” practices which the owner might demand.
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Bartenura on Mishnah Bava Metzia
ובקנים – that support the vines.
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English Explanation of Mishnah Bava Metzia
Just as they share the grain, so too they share the chopped straw and the stubble. Just as they share the wine, so too they share the [dead] branches and the reeds [used to prop the vines]. And both parties must [at the outset] provide [their share of] the reeds. A sharecropper gives the owner of the field a percentage of the produce that is harvested, for instance grain. Our mishnah teaches that he must also give the owner the same percentage of by-products. If the field is of grain, he must give the owner the same percentage of straw and stubble, which are the by-products of the grain stalks. If he harvests grapes to make wine, he must give the same percentage of the vine’s branches (which people would use to start fires) and reeds. The reeds referred to are those used to prop up the grape vines. The mishnah then adds that when a new vineyard is being started, the owner of the field and the sharecropper split the costs of the reeds needed to prop up the vines.
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Bartenura on Mishnah Bava Metzia
ובשניהם מספקים את הקנים – What is the reason that he stated it? What is the reason that they divide the canes? Because both (i.e. the owner and the renter) provide the new canes throughout the year.
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English Explanation of Mishnah Bava Metzia
Questions for Further Thought: Mishnah one: Why do you think the Mishnah quite frequently states that one must follow local custom? What does this say about the nature of these laws in the mishnah?
