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1) WHEN THERE IS NO WORK TO BE DONE

(a) (Rava): Reuven hired workers to irrigate a field; it rained (so there is no need to water it) - the workers lose;

1. Version #1 (Rashi): If a river overflowed and irrigated it, Reuven must pay them as idle workers (he knows that this is prone to happen, he should have told them).
2. Version #2 (Rashba): If a river overflowed and facilitated irrigating it, Reuven must pay them their full wage.

(b) (Rava): Reuven hired workers to irrigate a field; in the middle of the job, the river dried up:

1. If it is not prone to dry up, the workers lose;
2. If it is prone to dry up - if the workers are from this city, the workers lose, for they should have known that the river is prone to dry up; if they are not from this city, Reuven pays them as idle workers, for he should have told them.

(c) (Rava): Reuven hired workers for the day; they finished the job in the middle of the day.

1. If he had other work which is easier or just as hard, he may tell them to do it;
2. If the only other work he has is harder, he cannot force them to do it, he must pay their full wage.
3. Question: He should only pay them as idle workers (for the rest of the day)!
4. Answer: Rava speaks of workers that carry burdens; if they are idle from work, they grow weak.

(a) (Beraisa): (If he quit after doing half) we estimate what he did: if is worth six Dinarim, he only gets four; he may finish the job to get eight.

1. Chachamim hold that workers have the upper hand.

(b) (Beraisa): He may finish the job to get eight.
(c) Objection: This is obvious!
(d) Answer: The case is, the price of labor increased; Shimon quit, and Reuven entreated him to finish.

1. One might have thought, (since Chachamim say that workers have the upper hand) he only agreed for more wages - the Beraisa teaches, this is not so - Reuven can say, I agreed to feed you nicely.

(e) (Beraisa): If his work is worth four (Gra's text - two) Dinarim, he gets four (Gra - two).
(f) Objection: This is obvious!
(g) Answer: The case is, the price of labor was originally low; Shimon only agreed to work for more than the normal wage, and later the price of labor increased.

1. One might have thought, (since Chachamim say that workers have the upper hand) Shimon only agreed for more than the going wage - the Beraisa teaches, this is not so - Reuven can say, I agreed to give you extra when the price of labor was low.

(h) (Beraisa - R. Dosa): We evaluate the work remaining: if it will cost six Dinarim to finish, he only gets two; he may finish the job to get eight.

1. He holds that workers have the lower hand.

(i) (Beraisa): He may finish the job to get eight.
(j) Objection: This is obvious!
(k) Answer: The case is, the price of labor decreased; Reuven cancelled the contract, and Shimon entreated him to let him finish.

1. One might have thought, (since R. Dosa says that workers have the lower hand) he only agreed for a lower wage - the Beraisa teaches, this is not so - Shimon can say, I agreed to do very good work.

(l) (Beraisa): If his work is worth four (Gra's text - two) Dinarim, he gets four (Gra - two).
(m) Objection: This is obvious!
(n) Answer (Rav Huna brei d'Rav Noson): The case is, the price of labor was originally high; they agreed to work for less than the normal wage, and later the price of labor decreased.

1. One might have thought, (since R. Dosa says that workers have the lower hand) they agreed for less than the going wage - the Beraisa teaches, this is not so - Shimon can say, I only agreed to work for less when the price of labor was high.

(a) (Rav): The Halachah follows R. Dosa.
(b) Contradiction: But Rav said, a worker can quit in the middle of the day!

1. Suggestion: Perhaps R. Dosa only said his law regarding Kablanim (workers hired to a specific task), not regarding day laborers.
2. Rejection (Beraisa): Reuven hired Shimon; in the middle of the day, Shimon (heard that he) lost a relative, or he fell ill - if he is a day laborer, he is paid for the part of the day he worked; if he is a Kablan, he is paid for the part of the task that he finished.

3. Question: Who is the Tana of the Beraisa?

i. If Chachamim - why must it say that he lost a relative or fell sick - even without Ones, if he quits in the middle, he has the upper hand!

4. Answer #1: Rather, it is R. Dosa; he said his law regarding Kablanim and day laborers.

(c) Answer #1 (and Answer #2 to Question #3 - Rav Nachman bar Yitzchak): R. Dosa only said his law regarding Kablanim, not regarding day laborers;

1. The Beraisa speaks of a job that will entail a loss of not finished; all agree that he can only quit on account of Ones.

(d) Objection (Mishnah): Anyone who deviates or retracts, he has the lower hand.

1. We understand 'Anyone who deviates has the lower hand' - our Mishnah is R. Yehudah, who argues with R. Meir regarding a worker that deviated from what he was asked to do.
2. Question: 'Anyone who retracts has the lower hand' - what does this teach?
3. Answer #1: It refers to a day laborer, according to R. Dosa!

(e) Answer #2: Really, R. Dosa said his law regarding Kablanim and day laborers;

1. Rav agrees with R. Dosa regarding Kablanim, he argues regarding day laborers.

(f) Answer #3 (and Answer #2 to Question d:2): (Really, R. Dosa only said his law regarding Kablanim); 'Anyone who retracts has the lower hand' teaches as the following.

1. (Beraisa): Reuven sold a field to Shimon for 1000; Shimon paid 200. If Reuven retracts, Shimon has the upper hand - he can demand his money back, or land worth 200;

i. Shimon may take Idis (best quantity land).

2. if Shimon retracts, Reuven has the upper hand - he can return the money, or give land worth 200.

i. He may give Ziburis (worst quantity land).

3. R. Shimon ben Gamliel says, we teach them not to retract: rather, they write a document saying that Shimon bought the field and still owes 800, which he may pay later.

(g) (Beraisa): Shimon may take the Idis (of Reuven's property).
(h) Question #1: Shimon is a creditor!

1. (Mishnah): A creditor collects Beinonis (middle quantity land).

(i) Question #2: Shimon should take from the land he bought!
(j) Answer #1 (to both questions - Rav Nachman bar Yitzchak): The Beraisa means, he collects from the Idis or Ziburis of that field.
(k) Answer #2 (Rav Acha brei d'Rav Ika): To raise money to buy such an expensive land, Shimon probably had to sell his Metaltelim or small fields at a loss, therefore, Reuven is considered a Mazik, who pays from Idis;

(a) (Beraisa): R. Shimon ben Gamliel says, we teach them not to retract: rather, they write...
(b) Inference: Without writing this, Shimon would not acquire the field!
(c) Question (Beraisa - R. Yosi): Levi gave Shimon a pledge, saying 'If I retract (from buying), you may keep this'; Shimon said, 'If I retract, I will give double your pledge (worth of the sale item)' - their stipulations take effect;

1. This is as R. Yosi holds elsewhere, that Asmachta (an exaggerated promise) takes effect.
2. R. Yehudah says, he only acquires as much as the value of the pledge (and if the buyer retracts, he gets back his pledge);
3. R. Shimon ben Gamliel: They argue when he said 'My pledge should acquire (as a pledge, it is not the beginning of payment)';

i. But if Levi was buying land and paid half of the price, he acquires it all immediately; the rest of the money can be given years later.

(d) Answer: If the seller is pressing the buyer for the money, this shows that he only sold because he needs the money; therefore, (since Shimon cannot pay the full amount) without writing the document, Shimon would not acquire the field;

1. If the seller is not anxious for the money, Shimon acquires without writing the document.

(e) (Rava): If the seller is pressing the buyer for the money, the buyer does not acquire (unless he pays right away);

1. If the seller is not anxious for the money, the buyer acquires.

(f) (Rava): Reuven borrowed 100 Zuz and paid it back Zuz by Zuz - this is valid payment, but the lender has a right to complaints, for he loses small amounts.
(g) Reuven sold a donkey to Shimon; he was pressing him for the last Zuz.
(h) Question (Rav Ashi): Does Shimon acquire?
(i) Answer (Rav Mordechai): Rava taught, 1 Zuz is like many - he does not acquire.
(j) Question (Rav Acha brei d'Rav Yosef): But people cite Rava as saying that he acquires!
(k) Answer (Rav Ashi): That is when he sells his field on account of its poor quantity.