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1) MEASURING OUT PART OF THE SALE (cont.)

(a) Question (against Rav and Shmuel - Beraisa): It is forbidden to hire a worker, paying him now 30 Dinarim for 30 days of work to be done later, when the normal wages are more (a Sela per day, on account of Ribis);

1. If he hires him to begin now, and pays immediately 100 Dinarim for 100 days of work, it is permitted, even though the normal wages will later be more;
2. If 'A Kor for 30, each Se'ah for a Sela', after each Se'ah is measured out, neither can retract, here also, the wages of each day are finished after that day, he works the last 30 days for 30 Dinarim he received in advance, it should be forbidden (as in the first clause)!
3. Counter-question (Rava): Also in the first clause, it should be permitted to hire oneself for less than the normal wages!
4. Question: Why is it forbidden in the first clause, but not in the second?
5. In the first clause, he is paid before he starts working, it looks like Ribis;

i. In the second clause, he starts working immediately, it does not looks like Ribis.

(b) (Mishnah): If it was attached to the ground and he detached any amount, he acquires.
(c) Question: Why does he acquire everything by detaching any amount?
(d) Answer (Rav Sheshes): The case is, the seller said 'Go make any improvement in the field and acquire it all'.

(a) (Mishnah): If Reuven sells wine or oil to Shimon, and the price went up or down: before the measure is filled, the wine still belongs to Reuven; after the measure is filled, the wine belongs to Shimon.

1. If a middleman was selling, if the barrel broke, he suffers the loss.

(b) He must hold the bottle (after the wine or oil stops flowing) until three drops come out;

1. After this, if he tilted the bottle and some drops accumulated, they belong to Reuven.

(c) A grocer need not wait for three drops;
(d) R. Yehudah says, just before Shabbos he need not wait.
(e) (Gemara) Question: Who owns the measuring vessel?

1. If Shimon - before the measure is filled, the wine should belong to Shimon!

(f) Answer: Reuven owns it.
(g) Question: After the measure is filled, the wine should still be Reuven's!
(h) Answer (R. Ila'i): It belongs to a middleman.
(i) Question: The next clause says, if a middleman was selling, if the barrel broke, he suffers the loss - implying that the first clause does not discuss a middleman!
(j) Answer: The first clause discusses the vessel of a middleman, the next clause is when the middleman himself was selling.
(k) (Mishnah): After this, if he tilted the bottle and some drops accumulated, they belong to Reuven.
(l) Contradiction (R. Elazar - Mishnah): (If one declared a bottle of wine to be Terumah), if he tilted the bottle (after pouring it out) and some drops accumulated, they are Terumah.

(m) Answer (R. Avahu): Here, they belong to Reuven because Shimon despairs (of getting any more) after the three drops.
(n) (Mishnah): A grocer need not wait for three drops (R. Yehudah says, just before Shabbos he need not wait).
(o) Question: Does R. Yehudah argue on the clause before this (that always obligates a regular person), and he is lenient just before Shabbos?

1. Or, does R. Yehudah argue on this clause (that always exempts a grocer), and he is stringent (except for just before Shabbos)?

(p) Answer (Beraisa - R. Yehudah): Just before Shabbos, a grocer need not wait because he is very busy.

(a) (Mishnah): Reuven sent his son (a minor, with a coin worth two Isarim) to a grocer (Shimon), who gave him an Isar worth of oil, and an Isar change. The child broke the flask and lost the Isar - Shimon is liable;
(b) R. Yehudah exempts him, for he did as Reuven wanted.
(c) Chachamim admit, if the child held the flask and Shimon measured into it, he is exempt.
(d) (Gemara) Question: We understand the argument about the Isar and the oil: Chachamim say that the child was sent to inform Shimon to send (the oil and Isar) with an adult, R. Yehudah says that he wanted Shimon to send them with the child;

1. Why do Chachamim obligate him for the flask - Reuven knowingly gave it to his son (who is prone to break it)!

(e) Answer #1 (R. Hoshaya): The case is, Reuven sells flasks; Shimon picked it up to see if he wants to buy it.

1. (Shmuel): If one takes a vessel from a craftsman to see if he wants to buy it, and Ones occurred, he is liable.

(f) Objection: If so, Shmuel's law is like Chachamim, but not like R. Yehudah!
(g) Answer #2 (Rabah and Rav Yosef): The case is, Shimon sells flasks (it was his flask); they argue about the flask as they argue about the Isar and oil.
(h) Objection (end of the Mishnah): Chachamim admit, if the child held the flask and Shimon measured into it, he is exempt.

1. If Shimon was supposed to send the oil with an adult, why is he exempt? (Tosfos - Rabah and Rav Yosef explain, the end of the Mishnah is when Reuven sent his son with a flask, but the Gemara does not accept this.)