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Today's Daf Yomi

December 8, 2016 | 讞壮 讘讻住诇讜 转砖注状讝

  • This month's learning is sponsored by Ron and Shira Krebs to commemorate the 73rd yahrzeit of Shira's grandfather (Yitzchak Leib Ben David Ber HaCohen v'Malka), the 1st yahrzeit of Shira's father (Gershon Pinya Ben Yitzchak Leib HaCohen v'Menucha Sara), and the bar mitzvah of their son Eytan who will be making a siyum on Mishna Shas this month.

  • This month's learning is sponsored for the refuah shleima of Naama bat Yael Esther.

Bava Metzia 73

Various cases of business transactions – many of them actual cases that were going on at the time of the amoraim – are brought and analyzed as to whether or not they are allowed or should be forbidden because they are considered聽interest payments or they looks like interest payments.


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讘专砖讜转 诪讜讻专 诪讜转专 讘专砖讜转 诇讜拽讞 讗住讜专

then, if the package remains in the possession of the seller, i.e., the seller accepts upon himself responsibility for any accidental damage that occurs along the way, it is permitted, as the transaction is not a loan. But if it is in the possession of the buyer, meaning that the buyer accepts responsibility for accidental damage, then the transaction is prohibited, as it is considered a loan with interest.

讛诪讜诇讬讱 驻讬专讜转 诪诪拽讜诐 诇诪拽讜诐 诪爪讗讜 讞讘讬专讜 讜讗诪专 诇讜 转谞诐 诇讬 讜讗谞讬 讗注诇讛 诇讱 驻讬专讜转 砖讬砖 诇讬 讘讗讜转讜 诪拽讜诐 讗诐 讬砖 诇讜 驻讬专讜转 讘讗讜转讜 诪拽讜诐 诪讜转专 讜讗诐 诇讗讜 讗住讜专 讜讛讞诪专讬谉 诪注诇讬诐 讘诪拽讜诐 讛讬讜拽专 讻讘诪拽讜诐 讛讝讜诇 讜讗讬谞谉 讞讜砖砖讬谉

With regard to one who transports produce from one place to another place, if another finds him and says to him: Give the produce to me now and I will repay you with produce that I have in that place to which you are going, then, if he actually has produce in that place, it is permitted, but if not, it is prohibited. But donkey drivers who transport merchandise from one place to another may accept money and set prices in a place where goods are sold at expensive prices according to the rate in effect in another place, where goods are sold at inexpensive prices, and need not be concerned, as this practice is permitted.

诪讗讬 讟注诪讗 专讘 驻驻讗 讗诪专 谞讬讞讗 诇讛讜 讚诪讙诇讜 诇讛讜 转专注讗 专讘 讗讞讗 讘专讬讛 讚专讘 讗讬拽讗 讗诪专 谞讬讞讗 诇讛讜 讚诪讜讝诇讬 讙讘讬讬讛讜

The Gemara asks: What is the reason this is permitted? Rav Pappa says: It is satisfactory to them to sell merchandise at a discounted rate, because by doing so the gates to the new market are opened for them, as in this way they begin to do business in this area and gain new customers. Rav A岣, son of Rav Ika, said: It is satisfactory to them because the prices are reduced for them in the places where they make their purchases. Since the sellers there hear that the donkey drivers will need to resell the merchandise at a lower price, the sellers give a discount to the donkey drivers. According to either opinion, the donkey drivers provide the additional produce to the customer not as interest on the loan but as a discount to promote their business.

诪讗讬 讘讬谞讬讬讛讜 讗讬讻讗 讘讬谞讬讬讛讜 转讙专讗 讞讚转讗

The Gemara asks: What is the difference between these two reasons to allow this practice? The Gemara answers: The difference between them concerns a merchant who is new in the area. According to the one who holds that the reason he may sell the produce is in order to open the market for him, it applies especially to a merchant in this situation. But according to the one who holds that the reason is that he can procure his merchandise inexpensively, the sellers will not believe him if he is new to his trade, and they will not sell it to him at a discount.

讘住讜专讗 讗讝诇讬 讗专讘注讛 讗专讘注讛 讘讻驻专讬 讗讝诇谉 砖讬转讗 砖讬转讗 讬讛讬讘 专讘 讝讜讝讬 诇讞诪专讬 讜拽讘讬诇 注诇讬讛 讗讜谞住讗 讚讗讜专讞讗 讜砖拽讬诇 诪讬谞讬讬讛讜 讞诪砖讛 讜谞砖拽讜诇 砖讬转讗 讗讚诐 讞砖讜讘 砖讗谞讬

The Gemara relates: In Sura, four se鈥檃 of wheat were going for a sela, and in the nearby town of Kafri they were going for six se鈥檃 for a sela. Rav gave money to donkey drivers to purchase wheat in Kafri and accepted upon himself responsibility for any accident that might happen on the way, rendering it permitted for him to set a price according to the rate in effect in Kafri, and he accepted five se鈥檃 of wheat for one sela from them. The Gemara challenges: Since he accepted responsibility for damage that might occur as a result of an accident, the produce was his at the time it was purchased, and therefore there was no loan. Consequently, he should have accepted six se鈥檃 for a sela. The Gemara explains: An important person is different, as he has to be more stringent with himself and more careful to avoid the appearance of interest.

讘注讗 诪讬谞讬讛 专讘讬 讗住讬 诪专讘讬 讬讜讞谞谉 诪讛讜 诇注砖讜转 讘讙专讜讟讗讜转 讻谉 讗诪专 诇讬讛 讘讬拽砖 专讘讬 讬砖诪注讗诇 讘专讘讬 讬讜住讬 诇注砖讜转 讻谉 讘讻诇讬 驻砖转谉 讜诇讗 讛谞讬讞讜 专讘讬 讗讬讻讗 讚讗诪专讬 讘讬拽砖 专讘讬 诇注砖讜转 讘讙专讜讟讗讜转 讻谉 讜诇讗 讛谞讬讞讜 专讘讬 讬砖诪注讗诇 讘专讘讬 讬讜住讬

Rabbi Asi asked Rabbi Yo岣nan: What is the halakha about doing so with metal scraps [bigerutaot]? Is it permitted to make an agreement to purchase metal scraps at the low rate in effect elsewhere, just as it is permitted with wheat and other produce? Rabbi Yo岣nan said to him: Rabbi Yishmael, son of Rabbi Yosei, wanted to do so with linen garments and Rabbi Yehuda HaNasi did not allow him to do so. There are those who say a different version of this exchange: Rabbi Yehuda HaNasi wanted to do so with metal scraps, and Rabbi Yishmael, son of Rabbi Yosei, did not permit him to do so.

驻专讚讬住讗 专讘 讗住专 讜砖诪讜讗诇 砖专讬 专讘 讗住专 讻讬讜谉 讚诇拽诪讬讛 砖讜讬讗 讟驻讬 诪转讞讝讬 讻讬 讗讙专 谞讟专 诇讬讛 讜砖诪讜讗诇 砖专讬 讻讬讜谉 讚讛讜讬 讘讬讛 转讬讜讛讗 诇讗 诪讬讞讝讬 讻讬 讗讙专 谞讟专 诇讬讛

With regard to one who wants to purchase the produce of an entire orchard, in advance of the harvest, at a cheaper price, Rav prohibits this practice and Shmuel permits it. The Gemara explains: Rav prohibits it because in the future the produce will be worth more, so it appears that the seller is paying interest to the buyer for waiting before receiving the produce, and that has the appearance of interest. And Shmuel permits it, as, since there can be spoilage in the produce of the orchard and the buyer took upon himself responsibility for any losses, it does not appear that the seller is paying interest to the buyer for waiting before receiving the produce, as the buyer may either gain or lose.

讗诪专 专讘 砖讬诪讬 讘专 讞讬讬讗 讜诪讜讚讬 专讘 讘转讜专讬 讚谞驻讬砖 驻住讬讚讬讬讛讜

Rav Shimi bar 岣yya said: Rav concedes to Shmuel that an arrangement like this would be permitted in a case where one arranges to purchase young oxen at a later date, as their loss is likely to be great. Since it is common for one to incur a discernible loss when raising oxen, as some may die, this arrangement is regarded as an investment.

讗诪专 诇讛讜 砖诪讜讗诇 诇讛谞讛讜 讚砖讘砖讬 砖讘砖讗 讛驻讜讻讜 讘讗专注讗 讻讬 讛讬讻讬 讚拽谞讬 诇讻讜 讙讜驻讗 讚讗专注讗 讜讗讬 诇讗 讛讜讬讗 诇讻讜 讻讛诇讜讗讛 讜讗住讜专

Shmuel said to those who purchase branches of grapevines and pay in advance for the vine shoots that will be harvested later: Since the risk in this transaction is small, it has the appearance of interest and therefore you should turn over a bit of the land yourselves, i.e., perform some labor in farming the orchard, so that you acquire some of the land itself for yourselves, and by doing this you become partners with the owner. And this action is necessary because if you do not do this it will be like a loan for you and it will be prohibited for you to accept the branches.

讗诪专 诇讛讜 专讘讗 诇讛谞讛讜 讚诪谞讟专讬 讘讗讙讬 驻讜拽讜 讛驻讜讻讜 讘讘讬 讚专讬 讻讬 讛讬讻讬 讚诇讗 转砖转诇诐 砖讻讬专讜转 讚讬讚讻讜 注讚 讛讛讬讗 砖注转讗 讚砖讻讬专讜转 讗讬谞讛 诪砖转诇诪转 讗诇讗 讘住讜祝 讜讛讛讬讗 砖注转讗 讗讜讝讜诇讬 讚拽讗 诪讜讝诇讬 讙讘讬讬讻讜

Similarly, Rava said to those who guard fields [bagei] until the harvest is complete and receive their wages from the crops when the harvest is over: Go out and turn over some of the crops in the threshing floor, and thereby assist the owners in their work in order that the wages for your hire are not payable until that time. If you assist in the actual farming work, the halakhic period of your employment will continue until the processing of the grain is complete, and according to the halakha that the obligation to pay a person鈥檚 wage is incurred only at the end of the period for which he was hired, it is then that the owners make a reduction for the guards by giving them the crops at a reduced rate, and it is not payment of interest for delaying the wages that they should have been paid earlier. Consequently, such an arrangement is permitted.

讗诪专讜 诇讬讛 专讘谞谉 诇专讘讗 拽讗 讗讻讬诇 诪专 专讘讬转 讚讻讜诇讬 注诇诪讗 砖拽诇讬 讗专讘注讛 讜诪住诇拽讬 诇讗专讬住讗 讘谞讬住谉 诪专 谞讟专 诇讛讜 注讚 讗讬讬专 讜砖拽讬诇 砖讬转讗

The Rabbis said to Rava: The Master, meaning Rava, consumes interest. They explained: Everyone else who leases his field to a sharecropper receives four kor of grain as payment, and the owners accept this payment and remove the sharecropper from the field in the month of Nisan. But the Master waits until the month of Iyar and then takes six kor from them. Consequently, they accused Rava of accepting an additional payment for waiting an extra month to take back his field.

讗诪专 诇讛讜 讗转讜谉 拽讗 注讘讚讬转讜谉 砖诇讗 讻讚讬谉 讗专注讗 诇讗专讬住 诪砖转注讘讚 讗讬 讗转讜谉 诪住诇拽讬转讜 诇讛讜 讘谞讬住谉 诪驻住讬讚转讜 诇讛讜 讘讻诪讛 讗谞讗 谞讟专谞讗 诇讛讜 注讚 讗讬讬专 讜诪专讜讜讞谞讗 诇讛讜 讘讻诪讛

Rava said to them: On the contrary, you are the ones who are acting unlawfully, as in truth all of the land is liened to the sharecropper until he finishes working it and harvests all that he can from it. If you remove sharecroppers from the field in Nisan you cause them to lose a great deal, as they do not have enough time to harvest all the produce from the field. I wait for them until Iyyar, and in this way I enable them to profit a great deal. Consequently, I act in accordance with halakha and receive a suitable payment for leasing the field for the proper length of time, whereas you deprive the sharecroppers of what is due to them, even though you receive less direct remuneration.

专讘 诪专讬 讘专 专讞诇 诪砖讻谉 诇讬讛 讛讛讜讗 谞讻专讬 讘讬转讗 讛讚专 讝讘谞讛 诇专讘讗 谞讟专 转专讬住专 讬专讞讬 砖转讗 砖拽诇 讗讙专 讘讬转讗 讗诪讟讬 诇讬讛 诇专讘讗 讗诪专 诇讬讛 讛讗讬 讚诇讗 讗诪讟讗讬 诇诪专 讗讙专 讘讬转讗 注讚 讛讗讬讚谞讗 讚住转诐 诪砖讻谞转讗 砖转讗 讗讬 讘注讬 谞讻专讬 诇住诇拽讬 诇讗 讛讜讛 诪爪讬 诪住诇拽 诇讬 讛砖转讗 诇砖拽讜诇 诪专 讗讙专 讘讬转讗

The Gemara relates: A certain gentile mortgaged a house to Rav Mari bar Ra岣l for a loan that Rav Mari had provided him. Afterward, the gentile sold the house to Rava. Rav Mari waited for twelve months of the year to pass, took the amount of money necessary to pay rent for the house and brought it to Rava, who was now the owner of the house. Rav Mari said to Rava: This fact that I did not bring the rental fee for the house to the Master until now is because an unspecified mortgage is in effect for a period of one year. If that gentile wanted to remove me from the house by paying back the loan, he could not remove me from it until now. Consequently, the house actually belonged to me for that year, and I was not required to pay rent. Now, since the gentile can remove me from the house by repaying the loan, the house belongs to you. Therefore, let the Master now take the rental fee for the house for the coming year.

讗诪专 诇讬讛 讗讬 讛讜讛 讬讚注谞讗 讚讛讜讛 诪诪讜砖讻谉 诇讬讛 诇诪专 诇讗 讛讜讛 讝讘讬谞谞讗 诇讬讛 讛砖转讗 讻讚讬谞讬讛诐 注讘讚讬谞谉 诇讱 讻诇 讗讬诪转 讚诇讗 诪住诇拽讬 讘讝讜讝讬 诇讗 砖拽讬诇 讗讙专 讘讬转讗 讗谞讗 谞诪讬 诇讗 砖拽讬诇谞讗 诪讬谞讱 讗讙专 讘讬转讗 注讚 讚诪住诇拽谞讗 诇讱 讘讝讜讝讬

Rava said to him: Had I known that this house was mortgaged to the Master, I would not have purchased it at all, as I would have given you the chance to purchase it first. Now, therefore, I will act toward you according to the law of the gentiles, as I assumed the rights previously held by the gentile. According to gentile law, as long as the borrower does not remove the lender by paying back the money, he also does not take a rental fee for the house, as there is no prohibition against a gentile paying or receiving interest. Therefore, I too will not take a rental fee for the house from you until I remove you by forcing the gentile to pay the money that is owed to you.

讗诪专 诇讬讛 专讘讗 诪讘专谞讬砖 诇专讘 讗砖讬 讞讝讬 诪专 专讘谞谉 讚拽讗 讗讻诇讬 专讘讬转讗 讚讬讛讘讬 讝讜讝讬 讗讞诪专讗 讘转砖专讬 讜诪讘讞专讬 诇讛 讘讟讘转

The Gemara relates: Rava of Barnish said to Rav Ashi: The Master sees the Sages who consume interest, as they give people money for wine in the month of Tishrei, and they select the wine later, in the month of Tevet. Had they taken the wine immediately upon payment, there is a chance that it would have spoiled. Now, in return for paying for the wine in advance, they receive the benefit of guaranteeing that the wine they receive will not be spoiled. Rava of Barnish understood that this benefit, received in exchange for advance payment, is a form of interest.

讗诪专 诇讬讛 讗讬谞讛讜 谞诪讬 讗讞诪专讗 拽讗 讬讛讘讬 讗讞诇讗 诇讗 拽讗 讬讛讘讬 诪注讬拽专讗 讚讞诪专讗 讞诪专讗 讚讞诇讗 讞诇讗 讛讛讬讗 砖注转讗 讛讜讗 讚拽诪讘讞专讬

Rav Ashi said to him: They too gave the money at the outset for wine, but they did not give it for vinegar. That which was wine at the outset is still wine, and that which became vinegar was vinegar when they paid for it but they did not know it. It was at that time of selection that they merely selected the wine that they had paid for previously. Since they agreed to buy wine, not vinegar, the benefit of actually receiving wine does not constitute interest.

专讘讬谞讗 讛讜讛 讬讛讬讘 讝讜讝讬 诇讘谞讬 讗拽专讗 讚砖谞讜讜转讗 讜砖驻讻讬 诇讬讛 讟驻讬 讻讜驻讬转讗 讗转讗 诇拽诪讬讛 讚专讘 讗砖讬 讗诪专 诇讬讛 诪讬 砖专讬 讗诪专 诇讬讛 讗讬谉 讗讞讜诇讬 讛讜讗 讚拽讗 诪讞诇讬 讙讘讱

The Gemara relates: Ravina would give money in advance to the people of the fortress [akra] at the river Shanvata in order to buy wine to be supplied after the grape harvest, and when they supplied the wine they would pour an extra jug [kufita] of wine for him as a gift, although there was no stipulation between them requiring this. Ravina came before Rav Ashi to ask whether this involved interest. Ravina said to him: Is it permitted to do this? Rav Ashi said to him: Yes, it is permitted, as they forgo payment for the extra wine to your benefit in order to maintain good relations with you. Since the additional wine is not provided as consideration for the advance payment, there is no problem of interest.

讗诪专 诇讬讛 讛讗 讗专注讗 诇讗讜 讚讬讚讛讜 讛讬讗 讗诪专 诇讬讛 讗专注讗 诇讟住拽讗 诪砖注讘讚讗 讜诪诇讻讗 讗诪专 诪讗谉 讚讬讛讬讘 讟住拽讗 诇讬讻讜诇 讗专注讗

Ravina said to him: But the land is not theirs. The people of the fortress at Shanvata worked land belonging to others who abandoned their fields because they could not pay the real estate taxes. The people of the fortress paid the taxes and were therefore able to use the fields. Ravina was concerned that perhaps they did not own the grapes and were therefore unable to forgo payment for the additional amount as it did not belong to them. Rav Ashi said to him: The land is liened to the king as payment for the taxes [letaska], and the king says: Whoever pays the tax may consume the produce of the land. Consequently, the ones who pay the taxes have ownership of the wine by dint of the law of the kingdom.

讗诪专 诇讬讛 专讘 驻驻讗 诇专讘讗 讞讝讬 诪专 讛谞讬 专讘谞谉 讚讬讛讘讬 讝讜讝讬 讗讻专讙讗 讚讗讬谞砖讬 讜诪砖注讘讚讬 讘讛讜 讟驻讬 讗诪专 诇讬讛 讛砖转讗 讗讬讻讜 砖讻讬讘讗 诇讗 讗诪专讬 诇讻讜 讛讗 诪讬诇转讗 讛讻讬 讗诪专 专讘 砖砖转 诪讜讛专拽讬讬讛讜 讚讛谞讬 讘讟驻住讗 讚诪诇讻讗 诪谞讞 讜诪诇讻讗 讗诪专 诪讗谉 讚诇讗 讬讛讬讘 讻专讙讗 诇砖转注讘讬讚 诇诪讗谉 讚讬讛讬讘 讻专讙讗

The Gemara relates that Rav Pappa said to Rava: Let the Master see these Sages who pay money for the tax [akarga] on behalf of other people and afterward make them work more than is reasonable for the amount of money they paid. Rava said to him: Now, if I were dead I could not say the explanation of this matter to you, so it is good that you asked me while I am still alive, as I know that this is what Rav Sheshet said: The document [moharkayyhu] of servitude of these people lies in the treasury of the king, i.e., all of his subjects are considered his servants, and the king said: The one who does not pay the head tax shall serve the one who does pay the head tax, and consequently, by dint of the law of the kingdom they can have them work as much as they want.

专讘 住注讜专诐 讗讞讜讛 讚专讘讗 讛讜讛 转拽讬祝 讗讬谞砖讬 讚诇讗 诪注诇讜 讜诪注讬讬诇 诇讛讜 讘讙讜讛专拽讗 讚专讘讗 讗诪专 诇讬讛 专讘讗 砖驻讬专 拽讗 注讘讚转 讚转谞讬谞讗 专讗讬转 砖讗讬谞讜 谞讜讛讙 讻砖讜专讛 诪谞讬谉 砖讗转讛 专砖讗讬 诇讛砖转注讘讚 讘讜 转诇诪讜讚 诇讜诪专 诇注讜诇诐 讘讛诐 转注讘讚讜 讜讘讗讞讬讻诐 讬讻讜诇 讗驻讬诇讜 谞讜讛讙 讻砖讜专讛 转诇诪讜讚 诇讜诪专 讜讘讗讞讬讻诐 讘谞讬 讬砖专讗诇 讗讬砖 讘讗讞讬讜 讜讙讜壮

The Gemara relates: Rav Se鈥檕ram, the brother of Rava, would forcefully seize people who were not acting properly and have them carry Rava鈥檚 sedan chair. Rava said to him: You acted correctly, as we learn: If you see a Jew who does not behave properly, from where is it derived that you are permitted to have him work as a slave? The verse states: 鈥淥f them you may take your slaves forever; and over your brothers鈥 (Leviticus 25:46). It is derived from the conjunctive 鈥渁nd鈥 linking the two clauses of the verse that there are circumstances where it is permitted to treat a fellow Jew as if he were a slave. One might have thought that this is the halakha even if a Jew acts properly. To counter this, the verse states in the continuation: 鈥淎nd over your brothers the children of Israel you shall not rule, one over another, with rigor.鈥

讗诪专 专讘 讞诪讗 讛讗讬 诪讗谉 讚讬讛讬讘 讝讜讝讬 诇讞讘专讬讛 诇诪讬讝讘谉 诇讬讛 讞诪专讗 讜驻砖注 讜诇讗 讝讘讬谉 诇讬讛 诪砖诇诐 诇讬讛 讻讚拽讗 讗讝讬诇 讗驻专讜讜转讗 讚讝讜诇砖驻讟

Rav 岣ma said: With regard to one who gave money to another to purchase wine for him, and the other, i.e., the agent, was negligent and did not purchase it for him, the agent must pay the one who gave him the money according to the going rate of wine in the port city of Zolshefat, where the main wine market was located, and he must purchase the wine according to the price in that market even if it is more expensive than the amount he was given initially.

讗诪专 讗诪讬诪专 讗诪专讬转讗 诇砖诪注转讗 拽诪讬讛 讚专讘 讝讘讬讚 诪谞讛专讚注讗 讗诪专 讻讬 拽讗诪专 专讘 讞诪讗 讛谞讬 诪讬诇讬 讘讬讬谉 住转诐 讗讘诇 讘讬讬谉 讝讛 诇讗 诪讬 讬讬诪专 讚诪讝讘谞讬 诇讬讛 谞讬讛诇讬讛

Ameimar said: I said this halakha before Rav Zevid of Neharde鈥檃, and when he heard it he said: When Rav 岣ma said this, he said that statement in a case where the buyer asked the agent to purchase wine without specification concerning exactly which wine he wanted. But if he said to the agent: Buy this specific wine for me, the agent who neglected to buy the wine is not obligated to buy it at a higher price later, as when he was sent to buy it initially, who says that the owner would have sold it to him? The one who gave the money to the agent was aware of the fact that the agent may not be able to successfully purchase that specific wine. Consequently, the obligation of the agent is simply to return the money, and nothing may be added to that sum, due to the prohibition of interest.

专讘 讗砖讬 讗诪专 讗驻讬诇讜 住转诐 谞诪讬 诇讗 诪讗讬 讟注诪讗 讗住诪讻转讗 讛讬讗 讜讗住诪讻转讗 诇讗 拽谞讬讗

Rav Ashi said: Even if he asked the agent to buy wine without specification, the agent is also not obligated to buy wine later for more than the amount he was given. What is the reason for this? The implicit obligation that the agent accepted upon himself, to pay the one who hired him with wine of a higher value than the amount of money he received, is a transaction with inconclusive consent [asmakhta], as any situation where one will have to pay more money than he received is similar to the payment of a fine, and the acceptance of an asmakhta does not effect acquisition, as his acceptance is assumed to be insincere.

讜诇专讘 讗砖讬 诪讗讬 砖谞讗 诪讛讗 讚转谞谉 讗诐 讗讜讘讬专 讜诇讗 讗注讘讬讚 讗砖诇诐 讘诪讬讟讘讗 讛转诐 讘讬讚讜

The Gemara asks: And according to Rav Ashi, in what way is this case different from that which we learned in a mishna (104a) concerning a rental agreement for land, in which a sharecropper agreed to cultivate a field in return for a share of the produce and wrote: If I let the field lie fallow and do not cultivate it, I will pay with the best-quality produce? In that case, the sharecropper agreed to pay the amount he caused the owner to lose due to his lack of activity, and it was not ruled an asmakhta. The Gemara answers: There, the matter is in his power, as he can decide whether to work the field or not to work it.

  • This month's learning is sponsored by Ron and Shira Krebs to commemorate the 73rd yahrzeit of Shira's grandfather (Yitzchak Leib Ben David Ber HaCohen v'Malka), the 1st yahrzeit of Shira's father (Gershon Pinya Ben Yitzchak Leib HaCohen v'Menucha Sara), and the bar mitzvah of their son Eytan who will be making a siyum on Mishna Shas this month.

  • This month's learning is sponsored for the refuah shleima of Naama bat Yael Esther.

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Bava Metzia 73

The William Davidson Talmud | Powered by Sefaria

Bava Metzia 73

讘专砖讜转 诪讜讻专 诪讜转专 讘专砖讜转 诇讜拽讞 讗住讜专

then, if the package remains in the possession of the seller, i.e., the seller accepts upon himself responsibility for any accidental damage that occurs along the way, it is permitted, as the transaction is not a loan. But if it is in the possession of the buyer, meaning that the buyer accepts responsibility for accidental damage, then the transaction is prohibited, as it is considered a loan with interest.

讛诪讜诇讬讱 驻讬专讜转 诪诪拽讜诐 诇诪拽讜诐 诪爪讗讜 讞讘讬专讜 讜讗诪专 诇讜 转谞诐 诇讬 讜讗谞讬 讗注诇讛 诇讱 驻讬专讜转 砖讬砖 诇讬 讘讗讜转讜 诪拽讜诐 讗诐 讬砖 诇讜 驻讬专讜转 讘讗讜转讜 诪拽讜诐 诪讜转专 讜讗诐 诇讗讜 讗住讜专 讜讛讞诪专讬谉 诪注诇讬诐 讘诪拽讜诐 讛讬讜拽专 讻讘诪拽讜诐 讛讝讜诇 讜讗讬谞谉 讞讜砖砖讬谉

With regard to one who transports produce from one place to another place, if another finds him and says to him: Give the produce to me now and I will repay you with produce that I have in that place to which you are going, then, if he actually has produce in that place, it is permitted, but if not, it is prohibited. But donkey drivers who transport merchandise from one place to another may accept money and set prices in a place where goods are sold at expensive prices according to the rate in effect in another place, where goods are sold at inexpensive prices, and need not be concerned, as this practice is permitted.

诪讗讬 讟注诪讗 专讘 驻驻讗 讗诪专 谞讬讞讗 诇讛讜 讚诪讙诇讜 诇讛讜 转专注讗 专讘 讗讞讗 讘专讬讛 讚专讘 讗讬拽讗 讗诪专 谞讬讞讗 诇讛讜 讚诪讜讝诇讬 讙讘讬讬讛讜

The Gemara asks: What is the reason this is permitted? Rav Pappa says: It is satisfactory to them to sell merchandise at a discounted rate, because by doing so the gates to the new market are opened for them, as in this way they begin to do business in this area and gain new customers. Rav A岣, son of Rav Ika, said: It is satisfactory to them because the prices are reduced for them in the places where they make their purchases. Since the sellers there hear that the donkey drivers will need to resell the merchandise at a lower price, the sellers give a discount to the donkey drivers. According to either opinion, the donkey drivers provide the additional produce to the customer not as interest on the loan but as a discount to promote their business.

诪讗讬 讘讬谞讬讬讛讜 讗讬讻讗 讘讬谞讬讬讛讜 转讙专讗 讞讚转讗

The Gemara asks: What is the difference between these two reasons to allow this practice? The Gemara answers: The difference between them concerns a merchant who is new in the area. According to the one who holds that the reason he may sell the produce is in order to open the market for him, it applies especially to a merchant in this situation. But according to the one who holds that the reason is that he can procure his merchandise inexpensively, the sellers will not believe him if he is new to his trade, and they will not sell it to him at a discount.

讘住讜专讗 讗讝诇讬 讗专讘注讛 讗专讘注讛 讘讻驻专讬 讗讝诇谉 砖讬转讗 砖讬转讗 讬讛讬讘 专讘 讝讜讝讬 诇讞诪专讬 讜拽讘讬诇 注诇讬讛 讗讜谞住讗 讚讗讜专讞讗 讜砖拽讬诇 诪讬谞讬讬讛讜 讞诪砖讛 讜谞砖拽讜诇 砖讬转讗 讗讚诐 讞砖讜讘 砖讗谞讬

The Gemara relates: In Sura, four se鈥檃 of wheat were going for a sela, and in the nearby town of Kafri they were going for six se鈥檃 for a sela. Rav gave money to donkey drivers to purchase wheat in Kafri and accepted upon himself responsibility for any accident that might happen on the way, rendering it permitted for him to set a price according to the rate in effect in Kafri, and he accepted five se鈥檃 of wheat for one sela from them. The Gemara challenges: Since he accepted responsibility for damage that might occur as a result of an accident, the produce was his at the time it was purchased, and therefore there was no loan. Consequently, he should have accepted six se鈥檃 for a sela. The Gemara explains: An important person is different, as he has to be more stringent with himself and more careful to avoid the appearance of interest.

讘注讗 诪讬谞讬讛 专讘讬 讗住讬 诪专讘讬 讬讜讞谞谉 诪讛讜 诇注砖讜转 讘讙专讜讟讗讜转 讻谉 讗诪专 诇讬讛 讘讬拽砖 专讘讬 讬砖诪注讗诇 讘专讘讬 讬讜住讬 诇注砖讜转 讻谉 讘讻诇讬 驻砖转谉 讜诇讗 讛谞讬讞讜 专讘讬 讗讬讻讗 讚讗诪专讬 讘讬拽砖 专讘讬 诇注砖讜转 讘讙专讜讟讗讜转 讻谉 讜诇讗 讛谞讬讞讜 专讘讬 讬砖诪注讗诇 讘专讘讬 讬讜住讬

Rabbi Asi asked Rabbi Yo岣nan: What is the halakha about doing so with metal scraps [bigerutaot]? Is it permitted to make an agreement to purchase metal scraps at the low rate in effect elsewhere, just as it is permitted with wheat and other produce? Rabbi Yo岣nan said to him: Rabbi Yishmael, son of Rabbi Yosei, wanted to do so with linen garments and Rabbi Yehuda HaNasi did not allow him to do so. There are those who say a different version of this exchange: Rabbi Yehuda HaNasi wanted to do so with metal scraps, and Rabbi Yishmael, son of Rabbi Yosei, did not permit him to do so.

驻专讚讬住讗 专讘 讗住专 讜砖诪讜讗诇 砖专讬 专讘 讗住专 讻讬讜谉 讚诇拽诪讬讛 砖讜讬讗 讟驻讬 诪转讞讝讬 讻讬 讗讙专 谞讟专 诇讬讛 讜砖诪讜讗诇 砖专讬 讻讬讜谉 讚讛讜讬 讘讬讛 转讬讜讛讗 诇讗 诪讬讞讝讬 讻讬 讗讙专 谞讟专 诇讬讛

With regard to one who wants to purchase the produce of an entire orchard, in advance of the harvest, at a cheaper price, Rav prohibits this practice and Shmuel permits it. The Gemara explains: Rav prohibits it because in the future the produce will be worth more, so it appears that the seller is paying interest to the buyer for waiting before receiving the produce, and that has the appearance of interest. And Shmuel permits it, as, since there can be spoilage in the produce of the orchard and the buyer took upon himself responsibility for any losses, it does not appear that the seller is paying interest to the buyer for waiting before receiving the produce, as the buyer may either gain or lose.

讗诪专 专讘 砖讬诪讬 讘专 讞讬讬讗 讜诪讜讚讬 专讘 讘转讜专讬 讚谞驻讬砖 驻住讬讚讬讬讛讜

Rav Shimi bar 岣yya said: Rav concedes to Shmuel that an arrangement like this would be permitted in a case where one arranges to purchase young oxen at a later date, as their loss is likely to be great. Since it is common for one to incur a discernible loss when raising oxen, as some may die, this arrangement is regarded as an investment.

讗诪专 诇讛讜 砖诪讜讗诇 诇讛谞讛讜 讚砖讘砖讬 砖讘砖讗 讛驻讜讻讜 讘讗专注讗 讻讬 讛讬讻讬 讚拽谞讬 诇讻讜 讙讜驻讗 讚讗专注讗 讜讗讬 诇讗 讛讜讬讗 诇讻讜 讻讛诇讜讗讛 讜讗住讜专

Shmuel said to those who purchase branches of grapevines and pay in advance for the vine shoots that will be harvested later: Since the risk in this transaction is small, it has the appearance of interest and therefore you should turn over a bit of the land yourselves, i.e., perform some labor in farming the orchard, so that you acquire some of the land itself for yourselves, and by doing this you become partners with the owner. And this action is necessary because if you do not do this it will be like a loan for you and it will be prohibited for you to accept the branches.

讗诪专 诇讛讜 专讘讗 诇讛谞讛讜 讚诪谞讟专讬 讘讗讙讬 驻讜拽讜 讛驻讜讻讜 讘讘讬 讚专讬 讻讬 讛讬讻讬 讚诇讗 转砖转诇诐 砖讻讬专讜转 讚讬讚讻讜 注讚 讛讛讬讗 砖注转讗 讚砖讻讬专讜转 讗讬谞讛 诪砖转诇诪转 讗诇讗 讘住讜祝 讜讛讛讬讗 砖注转讗 讗讜讝讜诇讬 讚拽讗 诪讜讝诇讬 讙讘讬讬讻讜

Similarly, Rava said to those who guard fields [bagei] until the harvest is complete and receive their wages from the crops when the harvest is over: Go out and turn over some of the crops in the threshing floor, and thereby assist the owners in their work in order that the wages for your hire are not payable until that time. If you assist in the actual farming work, the halakhic period of your employment will continue until the processing of the grain is complete, and according to the halakha that the obligation to pay a person鈥檚 wage is incurred only at the end of the period for which he was hired, it is then that the owners make a reduction for the guards by giving them the crops at a reduced rate, and it is not payment of interest for delaying the wages that they should have been paid earlier. Consequently, such an arrangement is permitted.

讗诪专讜 诇讬讛 专讘谞谉 诇专讘讗 拽讗 讗讻讬诇 诪专 专讘讬转 讚讻讜诇讬 注诇诪讗 砖拽诇讬 讗专讘注讛 讜诪住诇拽讬 诇讗专讬住讗 讘谞讬住谉 诪专 谞讟专 诇讛讜 注讚 讗讬讬专 讜砖拽讬诇 砖讬转讗

The Rabbis said to Rava: The Master, meaning Rava, consumes interest. They explained: Everyone else who leases his field to a sharecropper receives four kor of grain as payment, and the owners accept this payment and remove the sharecropper from the field in the month of Nisan. But the Master waits until the month of Iyar and then takes six kor from them. Consequently, they accused Rava of accepting an additional payment for waiting an extra month to take back his field.

讗诪专 诇讛讜 讗转讜谉 拽讗 注讘讚讬转讜谉 砖诇讗 讻讚讬谉 讗专注讗 诇讗专讬住 诪砖转注讘讚 讗讬 讗转讜谉 诪住诇拽讬转讜 诇讛讜 讘谞讬住谉 诪驻住讬讚转讜 诇讛讜 讘讻诪讛 讗谞讗 谞讟专谞讗 诇讛讜 注讚 讗讬讬专 讜诪专讜讜讞谞讗 诇讛讜 讘讻诪讛

Rava said to them: On the contrary, you are the ones who are acting unlawfully, as in truth all of the land is liened to the sharecropper until he finishes working it and harvests all that he can from it. If you remove sharecroppers from the field in Nisan you cause them to lose a great deal, as they do not have enough time to harvest all the produce from the field. I wait for them until Iyyar, and in this way I enable them to profit a great deal. Consequently, I act in accordance with halakha and receive a suitable payment for leasing the field for the proper length of time, whereas you deprive the sharecroppers of what is due to them, even though you receive less direct remuneration.

专讘 诪专讬 讘专 专讞诇 诪砖讻谉 诇讬讛 讛讛讜讗 谞讻专讬 讘讬转讗 讛讚专 讝讘谞讛 诇专讘讗 谞讟专 转专讬住专 讬专讞讬 砖转讗 砖拽诇 讗讙专 讘讬转讗 讗诪讟讬 诇讬讛 诇专讘讗 讗诪专 诇讬讛 讛讗讬 讚诇讗 讗诪讟讗讬 诇诪专 讗讙专 讘讬转讗 注讚 讛讗讬讚谞讗 讚住转诐 诪砖讻谞转讗 砖转讗 讗讬 讘注讬 谞讻专讬 诇住诇拽讬 诇讗 讛讜讛 诪爪讬 诪住诇拽 诇讬 讛砖转讗 诇砖拽讜诇 诪专 讗讙专 讘讬转讗

The Gemara relates: A certain gentile mortgaged a house to Rav Mari bar Ra岣l for a loan that Rav Mari had provided him. Afterward, the gentile sold the house to Rava. Rav Mari waited for twelve months of the year to pass, took the amount of money necessary to pay rent for the house and brought it to Rava, who was now the owner of the house. Rav Mari said to Rava: This fact that I did not bring the rental fee for the house to the Master until now is because an unspecified mortgage is in effect for a period of one year. If that gentile wanted to remove me from the house by paying back the loan, he could not remove me from it until now. Consequently, the house actually belonged to me for that year, and I was not required to pay rent. Now, since the gentile can remove me from the house by repaying the loan, the house belongs to you. Therefore, let the Master now take the rental fee for the house for the coming year.

讗诪专 诇讬讛 讗讬 讛讜讛 讬讚注谞讗 讚讛讜讛 诪诪讜砖讻谉 诇讬讛 诇诪专 诇讗 讛讜讛 讝讘讬谞谞讗 诇讬讛 讛砖转讗 讻讚讬谞讬讛诐 注讘讚讬谞谉 诇讱 讻诇 讗讬诪转 讚诇讗 诪住诇拽讬 讘讝讜讝讬 诇讗 砖拽讬诇 讗讙专 讘讬转讗 讗谞讗 谞诪讬 诇讗 砖拽讬诇谞讗 诪讬谞讱 讗讙专 讘讬转讗 注讚 讚诪住诇拽谞讗 诇讱 讘讝讜讝讬

Rava said to him: Had I known that this house was mortgaged to the Master, I would not have purchased it at all, as I would have given you the chance to purchase it first. Now, therefore, I will act toward you according to the law of the gentiles, as I assumed the rights previously held by the gentile. According to gentile law, as long as the borrower does not remove the lender by paying back the money, he also does not take a rental fee for the house, as there is no prohibition against a gentile paying or receiving interest. Therefore, I too will not take a rental fee for the house from you until I remove you by forcing the gentile to pay the money that is owed to you.

讗诪专 诇讬讛 专讘讗 诪讘专谞讬砖 诇专讘 讗砖讬 讞讝讬 诪专 专讘谞谉 讚拽讗 讗讻诇讬 专讘讬转讗 讚讬讛讘讬 讝讜讝讬 讗讞诪专讗 讘转砖专讬 讜诪讘讞专讬 诇讛 讘讟讘转

The Gemara relates: Rava of Barnish said to Rav Ashi: The Master sees the Sages who consume interest, as they give people money for wine in the month of Tishrei, and they select the wine later, in the month of Tevet. Had they taken the wine immediately upon payment, there is a chance that it would have spoiled. Now, in return for paying for the wine in advance, they receive the benefit of guaranteeing that the wine they receive will not be spoiled. Rava of Barnish understood that this benefit, received in exchange for advance payment, is a form of interest.

讗诪专 诇讬讛 讗讬谞讛讜 谞诪讬 讗讞诪专讗 拽讗 讬讛讘讬 讗讞诇讗 诇讗 拽讗 讬讛讘讬 诪注讬拽专讗 讚讞诪专讗 讞诪专讗 讚讞诇讗 讞诇讗 讛讛讬讗 砖注转讗 讛讜讗 讚拽诪讘讞专讬

Rav Ashi said to him: They too gave the money at the outset for wine, but they did not give it for vinegar. That which was wine at the outset is still wine, and that which became vinegar was vinegar when they paid for it but they did not know it. It was at that time of selection that they merely selected the wine that they had paid for previously. Since they agreed to buy wine, not vinegar, the benefit of actually receiving wine does not constitute interest.

专讘讬谞讗 讛讜讛 讬讛讬讘 讝讜讝讬 诇讘谞讬 讗拽专讗 讚砖谞讜讜转讗 讜砖驻讻讬 诇讬讛 讟驻讬 讻讜驻讬转讗 讗转讗 诇拽诪讬讛 讚专讘 讗砖讬 讗诪专 诇讬讛 诪讬 砖专讬 讗诪专 诇讬讛 讗讬谉 讗讞讜诇讬 讛讜讗 讚拽讗 诪讞诇讬 讙讘讱

The Gemara relates: Ravina would give money in advance to the people of the fortress [akra] at the river Shanvata in order to buy wine to be supplied after the grape harvest, and when they supplied the wine they would pour an extra jug [kufita] of wine for him as a gift, although there was no stipulation between them requiring this. Ravina came before Rav Ashi to ask whether this involved interest. Ravina said to him: Is it permitted to do this? Rav Ashi said to him: Yes, it is permitted, as they forgo payment for the extra wine to your benefit in order to maintain good relations with you. Since the additional wine is not provided as consideration for the advance payment, there is no problem of interest.

讗诪专 诇讬讛 讛讗 讗专注讗 诇讗讜 讚讬讚讛讜 讛讬讗 讗诪专 诇讬讛 讗专注讗 诇讟住拽讗 诪砖注讘讚讗 讜诪诇讻讗 讗诪专 诪讗谉 讚讬讛讬讘 讟住拽讗 诇讬讻讜诇 讗专注讗

Ravina said to him: But the land is not theirs. The people of the fortress at Shanvata worked land belonging to others who abandoned their fields because they could not pay the real estate taxes. The people of the fortress paid the taxes and were therefore able to use the fields. Ravina was concerned that perhaps they did not own the grapes and were therefore unable to forgo payment for the additional amount as it did not belong to them. Rav Ashi said to him: The land is liened to the king as payment for the taxes [letaska], and the king says: Whoever pays the tax may consume the produce of the land. Consequently, the ones who pay the taxes have ownership of the wine by dint of the law of the kingdom.

讗诪专 诇讬讛 专讘 驻驻讗 诇专讘讗 讞讝讬 诪专 讛谞讬 专讘谞谉 讚讬讛讘讬 讝讜讝讬 讗讻专讙讗 讚讗讬谞砖讬 讜诪砖注讘讚讬 讘讛讜 讟驻讬 讗诪专 诇讬讛 讛砖转讗 讗讬讻讜 砖讻讬讘讗 诇讗 讗诪专讬 诇讻讜 讛讗 诪讬诇转讗 讛讻讬 讗诪专 专讘 砖砖转 诪讜讛专拽讬讬讛讜 讚讛谞讬 讘讟驻住讗 讚诪诇讻讗 诪谞讞 讜诪诇讻讗 讗诪专 诪讗谉 讚诇讗 讬讛讬讘 讻专讙讗 诇砖转注讘讬讚 诇诪讗谉 讚讬讛讬讘 讻专讙讗

The Gemara relates that Rav Pappa said to Rava: Let the Master see these Sages who pay money for the tax [akarga] on behalf of other people and afterward make them work more than is reasonable for the amount of money they paid. Rava said to him: Now, if I were dead I could not say the explanation of this matter to you, so it is good that you asked me while I am still alive, as I know that this is what Rav Sheshet said: The document [moharkayyhu] of servitude of these people lies in the treasury of the king, i.e., all of his subjects are considered his servants, and the king said: The one who does not pay the head tax shall serve the one who does pay the head tax, and consequently, by dint of the law of the kingdom they can have them work as much as they want.

专讘 住注讜专诐 讗讞讜讛 讚专讘讗 讛讜讛 转拽讬祝 讗讬谞砖讬 讚诇讗 诪注诇讜 讜诪注讬讬诇 诇讛讜 讘讙讜讛专拽讗 讚专讘讗 讗诪专 诇讬讛 专讘讗 砖驻讬专 拽讗 注讘讚转 讚转谞讬谞讗 专讗讬转 砖讗讬谞讜 谞讜讛讙 讻砖讜专讛 诪谞讬谉 砖讗转讛 专砖讗讬 诇讛砖转注讘讚 讘讜 转诇诪讜讚 诇讜诪专 诇注讜诇诐 讘讛诐 转注讘讚讜 讜讘讗讞讬讻诐 讬讻讜诇 讗驻讬诇讜 谞讜讛讙 讻砖讜专讛 转诇诪讜讚 诇讜诪专 讜讘讗讞讬讻诐 讘谞讬 讬砖专讗诇 讗讬砖 讘讗讞讬讜 讜讙讜壮

The Gemara relates: Rav Se鈥檕ram, the brother of Rava, would forcefully seize people who were not acting properly and have them carry Rava鈥檚 sedan chair. Rava said to him: You acted correctly, as we learn: If you see a Jew who does not behave properly, from where is it derived that you are permitted to have him work as a slave? The verse states: 鈥淥f them you may take your slaves forever; and over your brothers鈥 (Leviticus 25:46). It is derived from the conjunctive 鈥渁nd鈥 linking the two clauses of the verse that there are circumstances where it is permitted to treat a fellow Jew as if he were a slave. One might have thought that this is the halakha even if a Jew acts properly. To counter this, the verse states in the continuation: 鈥淎nd over your brothers the children of Israel you shall not rule, one over another, with rigor.鈥

讗诪专 专讘 讞诪讗 讛讗讬 诪讗谉 讚讬讛讬讘 讝讜讝讬 诇讞讘专讬讛 诇诪讬讝讘谉 诇讬讛 讞诪专讗 讜驻砖注 讜诇讗 讝讘讬谉 诇讬讛 诪砖诇诐 诇讬讛 讻讚拽讗 讗讝讬诇 讗驻专讜讜转讗 讚讝讜诇砖驻讟

Rav 岣ma said: With regard to one who gave money to another to purchase wine for him, and the other, i.e., the agent, was negligent and did not purchase it for him, the agent must pay the one who gave him the money according to the going rate of wine in the port city of Zolshefat, where the main wine market was located, and he must purchase the wine according to the price in that market even if it is more expensive than the amount he was given initially.

讗诪专 讗诪讬诪专 讗诪专讬转讗 诇砖诪注转讗 拽诪讬讛 讚专讘 讝讘讬讚 诪谞讛专讚注讗 讗诪专 讻讬 拽讗诪专 专讘 讞诪讗 讛谞讬 诪讬诇讬 讘讬讬谉 住转诐 讗讘诇 讘讬讬谉 讝讛 诇讗 诪讬 讬讬诪专 讚诪讝讘谞讬 诇讬讛 谞讬讛诇讬讛

Ameimar said: I said this halakha before Rav Zevid of Neharde鈥檃, and when he heard it he said: When Rav 岣ma said this, he said that statement in a case where the buyer asked the agent to purchase wine without specification concerning exactly which wine he wanted. But if he said to the agent: Buy this specific wine for me, the agent who neglected to buy the wine is not obligated to buy it at a higher price later, as when he was sent to buy it initially, who says that the owner would have sold it to him? The one who gave the money to the agent was aware of the fact that the agent may not be able to successfully purchase that specific wine. Consequently, the obligation of the agent is simply to return the money, and nothing may be added to that sum, due to the prohibition of interest.

专讘 讗砖讬 讗诪专 讗驻讬诇讜 住转诐 谞诪讬 诇讗 诪讗讬 讟注诪讗 讗住诪讻转讗 讛讬讗 讜讗住诪讻转讗 诇讗 拽谞讬讗

Rav Ashi said: Even if he asked the agent to buy wine without specification, the agent is also not obligated to buy wine later for more than the amount he was given. What is the reason for this? The implicit obligation that the agent accepted upon himself, to pay the one who hired him with wine of a higher value than the amount of money he received, is a transaction with inconclusive consent [asmakhta], as any situation where one will have to pay more money than he received is similar to the payment of a fine, and the acceptance of an asmakhta does not effect acquisition, as his acceptance is assumed to be insincere.

讜诇专讘 讗砖讬 诪讗讬 砖谞讗 诪讛讗 讚转谞谉 讗诐 讗讜讘讬专 讜诇讗 讗注讘讬讚 讗砖诇诐 讘诪讬讟讘讗 讛转诐 讘讬讚讜

The Gemara asks: And according to Rav Ashi, in what way is this case different from that which we learned in a mishna (104a) concerning a rental agreement for land, in which a sharecropper agreed to cultivate a field in return for a share of the produce and wrote: If I let the field lie fallow and do not cultivate it, I will pay with the best-quality produce? In that case, the sharecropper agreed to pay the amount he caused the owner to lose due to his lack of activity, and it was not ruled an asmakhta. The Gemara answers: There, the matter is in his power, as he can decide whether to work the field or not to work it.

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