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Rosh Kollel: Rabbi Mordecai Kornfeld


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Bava Metzia 105

BAVA METZIA 101-105 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) WHAT IS CONSIDERED ONE ISKA

(a) (Rava): If two documents were written for one Iska, it is considered two investments, this hurts the lender (if there is a loss on one and a gain on the other, his share of the loss is more than his share of the gain (so it is not usury) - had it all been in one document, the loss and profit would have cancelled each other);
(b) If two Iskos were combined into one document, it is considered one investment, this hurts the borrower (if there is a loss on one and a gain on the other, they cancel each other - had it all been in two documents, his share of the loss would have been less than his share of the gain).
(c) (Rava): Reuven received an Iska from Shimon; there was a loss; Reuven then toiled (R. Chananel - after the time for the Iska expired; Ra'avad - using money of another Iska) and recovered the loss, without telling Shimon. He cannot force Shimon to accept a larger share of the loss than of the gain;
1. Shimon can say, Reuven toiled in order that people will not say that he is a failure regarding Iska.
(d) (Rava): Reuven and Shimon jointly received an Iska from Levi; there was a profit. Reuven wanted to stop in the middle - Shimon can demand that they continue for the agreed time:
1. Reuven cannot demand to take his share of the profits, because the profit is tied to the principal (perhaps they will need to use the profits);
2. He cannot demand to take his share of the profits and principal, each partner's share is tied to the other;
3. Even if Reuven offers 'If you will lose, I will share the loss with you' - Shimon can demand that they stay together, since the Mazel of two people is better than that of one.
2) RESPONSIBILITY OF A WORKER
(a) (Mishnah): If Reuven was Choker a field from Shimon; he cannot refuse to weed, even though he pays the agreed rental;
1. Shimon can say, I do not want the field to be full of weeds when you leave.
(b) (Gemara): Even if Reuven offers to plow afterwards to kill the weeds, Shimon can refuse - he can say, if you do not weed, (my share of the) the produce will be low quality.
1. Reuven cannot offer to buy good produce to pay the rental - Shimon can demand produce of his own field.
2. Reuven cannot offer to weed only the portion from which he must pay the rental - Shimon can say, I do not want my land to get a bad reputation.
(c) Objection (Mishnah): Shimon can say, I do not want the field to be full of weeds when you leave;
1. Apparently, this is Shimon's only claim!
(d) Retraction: Rather, Reuven's offer to plow afterwards is insufficient, for seeds of the weeds will sprout the next year.
(e) (Mishnah): If Reuven accepted to be a sharecropper on Shimon's field and it produced very little - if it produces enough to make a pile, Reuven must work it;
(f) R. Yehudah: That is unreasonable (the quantity should depend on the size of the field)!
1. Rather, it must yield as much as the seeds (this will be explained later).
(g) (Gemara - Beraisa): If Reuven accepted to be a sharecropper on Shimon's field and it produced very little - if it produces enough to make a pile, Reuven must work it, for so he writes: 'I will plow, seed, harvest, thresh, winnow and make a pile, and we will each take half'.
(h) Question: What is considered a pile?
(i) Answer (R. Yosi b'Rebbi Chanina): Enough that the pitchfork will stand in it.
(j) Question: If the prongs can be seen from both sides, what is the law?
(k) Answer (R. Avahu): the prongs must be totally covered.
(l) (Levi): It must produce 3 Sa'im.
(m) (D'vei R. Yanai): It must produce 2 Sa'im.
(n) (Reish Lakish): The 2 Sa'im are above the expenditures.
3) LAWS OF TUMAH RELATED TO WEAK THINGS
(a) (Mishnah - Beis Shamai): Priztei (this will be explained) olives and grapes receive Tum'ah;
(b) Beis Hillel say, they do not receive Tum'ah.
(c) Question: What are Pritzei olives?
(d) Answer (Rav Huna): Bad olives that never ripen.
(e) Question: How much oil can they produce and still be considered unripe?
(f) Answer #1 (R. Elazar): Four Kavim from the amount pressed under a beam.
(g) Answer #2 (D'vei R. Yanai): Two Sa'im from the amount pressed under a beam.
1. They do not argue - in R. Elazar's area, 1 Kor of olives are pressed under a beam, in R. Yanai's area, 3 Kor.
105b---------------------------------------105b

(h) (Beraisa): A Zav (a man Tamei on account of emissions) and a Tahor person went together on a weak tree or branch - the Tahor person is Tamei (Rambam - because the Zav makes the tree or branch bend, moving the Tahor person).
(i) Question: What is considered a weak tree?
(j) Answer (D'vei R. Yanai): The trunk (where the branches come out) is not the volume of a fourth of a Kav.
(k) Question: What is considered a weak branch?
(l) Answer (Reish Lakish): It can be concealed (surrounded) by one's hand.
(m) (Mishnah): One who walks through a Beis ha'Pras (a field in which a grave was plowed, we are concerned that the plow dragged bones) on top of rocks that a person can move, or rides on a weak person or animal - he is Tamei (mid'Rabanan, we suspect that his weight helped move a bone).
(n) Question: What is considered a weak person?
(o) Answer (Reish Lakish): When he carries someone, his knees knock together.
(p) Question: What is considered a weak animal?
(q) Answer (D'vei R. Yanai): When one rides it, it excretes.
4) LOADS THAT MUST BE PUT DOWN
(a) (D'vei R. Yanai): Four Kavim is the quantity regarding prayer and Tefilin.
(b) Question: To what law of prayer does he refer?
(c) Answer (Beraisa): One who is carrying a load - if it is less than four Kavim, he may pray while carrying it; if it is four Kavim or more, he must put it down before praying.
(d) Question: To what law of Tefilin does he refer?
(e) Answer (Beraisa): One may not carry a load of four Kavim on his head while wearing Tefilin on his head if it compresses them;
1. If it does not compress them it is permitted.
(f) (R. Chiya): One who is wearing Tefilin and carries manure on his head - he should not move the head Tefilin to the side or tie them on his thigh, for this is disgraceful;
1. Rather, he should tie them on his arm, next to his hand Tefilin.
(g) (D'vei Shila): One may not even carry a Tefilin bag on his head while wearing Tefilin on his head;
(h) Question: According to d'vei Shila, how much is forbidden to carry on one's head along with Tefilin?
(i) Answer (Abaye): Even a 16th of a Litra of Pumbadisa.
5) THE AMOUNT OF PRODUCE WORTH FARMING
(a) (Mishnah - R. Yehudah): It is unreasonable to say 'a pile' - rather, it must yield as much as the seeds.
(b) Question: How much is this?
(c) Version #1 (Rashi) Answer #1 (R. Ami citing R. Yochanan): If a Beis Kor (the amount of land in which a Kor of seed is sown) produces four Sa'im (which, when seeded, produces a Kor of seed). (Gra - four Kavim).
(d) Version #2 (Tosfos) Answer #1 (R. Ami citing R. Yochanan): If the amount of land fitting to produce a Kor only produces four Sa'im (the amount needed to seed land of this size).
(e) Answer #2 (R. Ami himself): If that amount of land produces eight Sa'im (Gra - Kavim).
(f) (An elder): (They do not argue) -in R. Yochanan's day, land was more fertile, from (Rashi - the yield of) four Sa'im one could seed such an area of land; in R. Ami's day, eight Sa'im were needed.
(g) (Mishnah): Wind scattered Reuven's sheaves (and we do not know how much Leket (fallen sheaves that must be left for the poor) was there) - we estimate how much Leket was fit to be there, and he gives this to the poor;
(h) Version #1 (Rashi): R. Shimon ben Gamliel says, (we need not estimate) the amount of Leket fit to fall (it is fixed).
(i) Version #2 (Rambam): R. Shimon ben Gamliel says, he gives the amount that was seeded.
(j) Question: How much is this?
(k) Answer (Rav Dimi citing R. Yochanan): Four Kavim to a Kor.
(l) Question (R. Yirmeyah): Does he mean for an area fit to produce a Kor of grain, or seed?
(m) Answer (Ravin): For a Kor of seed.
(n) Question: Does he mean, when seeding by hand, or (as it falls from a punctured vessel drawn) by oxen?
(o) This question is not resolved.
6) REGION-WIDE AFFLICTIONS
(a) (Mishnah): Reuven was a Choker on Shimon's field; the crop was stricken by locusts or withered (by the sun or wind).
1. If the entire province was stricken, he deducts from the rental; if not, he pays the full rental.
2. R. Yehudah says, if the rent was a fixed amount of money, in either case he pays the full rental.
(b) (Gemara) Question: What is a region-wide affliction?
(c) Answer #1 (Rav Yehudah): The majority of the valley was stricken.
(d) Answer #2 (Ula): Fields in all four directions were stricken.
(e) Questions (according to Ula): What if only the closest row of the surrounding fields was stricken? What if the surrounding fields were stricken, except for the row closest to Shimon's field?
(f) Questions: What if the following separated between them: a fallow field? Fields planted for fodder (that were not stricken - do we say, had they been planted with grain, they would have been stricken)? Fields planted for a different crop (for people, and they were not stricken)?
1. Question: (If a different crop is not a separation) - is wheat considered a different crop than barley?
(g) Question: If Shimon's field was stricken by dryness or withering, or vice-versa, what is the law?
(h) These questions are not resolved.
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