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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Metzia 106
BAVA METZIA 106-108 - Ari Kornfeld has generously sponsored the
Dafyomi publications for these Dafim for the benefit of Klal
Yisrael.
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1) REGION-WIDE AFFLICTION (cont.)
(a) Question: Shimon told Reuven to plant wheat; Reuven
planted barley, and the crop withered (along with most of
the valley) - what is the law?
1. Can Reuven say, even had I planted wheat, it would
have been stricken?
2. Or - can Shimon say, had you planted wheat,
"V'Sigzor Omer v'Yakam Lach" (it would have
prospered).
(b) Answer: Presumably, the latter.
(c) Question: All of Shimon's fields were stricken, but not
the majority of the valley - what is the law?
1. Since the majority of the valley was not stricken,
Reuven pays the full amount;
2. Or - since all of Shimon's fields were stricken, it
was on account of him?
(d) Answer: Presumably, if it was on account of Shimon, a
little would have remained - "Ki Nisharnu Me'at
me'Harbeh"
(e) Question: All the fields Reuven rents were stricken, and
also the majority of the valley - what is the law?
1. Since the majority of the valley was stricken,
Reuven deducts;
2. Or - since all of Reuven's fields were stricken, it
was on account of him?
(f) Answer: Presumably, it was on account of Reuven.
1. Question: Why don't we say, if it was on account of
Reuven, a little would have remained - "Ki
Nisharnu..."
2. Answer: If Hash-m wanted to leave a remnant for
Reuven, he would leave it on Reuven's property.
(g) Question (Mishnah): If the crops were stricken that year
with withering, dryness, or it was Shemitah, or a drought
like the years when Eliyahu decreed there would be no
rain, it does not count towards the two years (one must
wait before redeeming a sold field).
1. Suggestion: The Mishnah teaches years of withering
or dryness together with years of Eliyahu - just as
in the years of Eliyahu nothing grew at all, also
years of withering or dryness;
2. But if some things grow, this is not a region-wide
affliction (regarding redemption and rental)!
(h) Answer (Rav Nachman bar Yitzchak): Redemption is
different - "Shnei Sevu'os Yimkar", years when there is
grain (somewhere).
(i) Question (Rav Ashi): If so, Shemitah should count, there
are harvests in Chutz la'Aretz!
(j) Answer (Rav Kahana): The Torah forbids working the land,
it is not a 'year of grain'.
(k) Question (Mar Zutra brei d'Rav Mari): If so, years of
Shemitah should not count towards reducing the redemption
of a Hekdesh field - but it does!
1. (Mishnah): One who redeems an inherited field he
made Hekdesh, he pays a Sela and a 48th of a Sela
for each year remaining until Yovel (about a 49th of
the redemption for all 49 years - seven of these
years are Shemitah)!
(l) Answer (Ravina): One can use the field in Shemitah for
spreading out produce to dry.
(m) (Shmuel): The renter only deducts if he planted and it
was afflicted - if the renter did not plant, the owner
can say 'Had you planted, my crops would have been spared
- "U'Vimei Re'avon Yisba'u".
(n) Question (Rav Sheshes - Beraisa): A shepherd was grazing
his flock. He left it and went to the city; a wolf or
lion came and killed some of the flock - we do not say,
had he stayed he (surely) would have saved - rather, we
estimate:
1. If he could have saved, he is liable; if not, he is
exempt.
2. Why can't the owner say, had you been there, you
would have saved them miraculously - "Gam Es
ha'Ari...Hikah Avdecha"!
(o) Answer: The shepherd can say, if you were worthy of a
miracle, it would have happened in my absence.
1. The goats of R. Chanina ben Dosa killed bears that
came to attack.
(p) Question: Why can't the owner say, had you been there,
you would have saved them with a small miracle, I am not
worthy of a big miracle (i.e. that they should be saved
in your absence)?
106b---------------------------------------106b
(q) This is left difficult.
2) HOW LONG THE RENTER MUST PERSEVERE
(a) (Beraisa #1): The first two times, the renter must plant;
the third time, he need not.
(b) Contradiction (Beraisa #2): The first three times, the
renter must plant; the fourth time, he need not.
(c) Answer: Beraisa #1 is Rebbi, who says that a Chazakah is
established after two occurrences; Beraisa #2 is R.
Shimon ben Gamliel, who says that a Chazakah is
established after three occurrences.
(d) (Reish Lakish): The renter deducts only if it sprouted
and was afflicted - but if it never sprouted, he should
have planted again, perhaps he planted too early.
(e) Question: How long must he keep planting?
(f) Answer (Rav Papa): Until the constellation 'Kimah' is
directly overhead in late afternoon (i.e. Adar).
(g) Question (Beraisa - R. Shimon ben Gamliel): (Bereishis
8:22 mentions six seasons, each is two months:) the time
of "Zera (planting)" is from the middle of Tishrei until
the middle of Kislev; the next 2 months are "Choref",
followed by "Kor", "Katzir", "Kayitz", and "Chom";
1. R. Yehudah says that Zera starts at the beginning of
Tishrei; R. Shimon says, at the beginning of
Cheshvan.
2. Even according to R. Shimon, who has the latest time
for planting, it does not extend until Adar!
(h) Answer: The Beraisa speaks of times for planting wheat
and rye, Rav Papa speaks of planting barley and legumes.
3) PAYING CHAKIRUS WHEN THE FIELD WAS STRICKEN
(a) (Mishnah): R. Yehudah says, if the rent was a fixed
amount of money, in either case he pays the full rental.
(b) Reuven rented a land on the bank of a certain river, to
plant garlic on it, for a fixed amount of money. The
river was dammed up (and therefore, the garlic did not
grow well).
1. Rava: It is unusual to dam up that river - this is a
region-wide affliction, you deduct from the rental.
2. Question (Rabanan - Mishnah): R. Yehudah says, if
the rent was a fixed amount of money, in either case
he pays the full rental.
3. Answer (Rava): No one says that the Halachah follows
R. Yehudah.
(c) (Mishnah): Reuven was Choker a field for ten Kor of wheat
per year, and it was stricken - he may give him wheat
from the field;
(d) If the wheat of the field was good, he must give it, he
may not give wheat he buys elsewhere.
(e) (Gemara): Reuven was Choker a field, to plant fodder, for
one Kor of barley per year. He planted and harvested
fodder, then (in the same year, instead of planting more
fodder), plowed it and planted barley; the barley was
stricken.
(f) Question (Rav Chaviva of Sura): Is this like the Mishnah
- since it was stricken, he may give him from the field -
or is it different?
(g) Answer (Ravina): It is different - there, the field did
not produce (wheat) as it should have - here, it produced
(fodder) as it was supposed to.
(h) (Rav Kahana): This is this like the Mishnah - since it
was stricken, he may give him from the field.
(i) Rejection (Rav Ashi): It is different - there, the field
did not produce as it should have - here, it produced as
it was supposed to.
1. Rav Ashi admits, if it produced wormy grapes, or if
the grain was stricken while drying in the field, he
deducts from the rental.
4) PLANTING DIFFERENTLY THAN AGREED
(a) (Mishnah): If Reuven was Choker a field to plant barley,
he may not plant wheat; if he was Choker to plant wheat,
he may plant barley;
(b) R. Shimon ben Gamliel forbids this.
(c) If he was Choker to plant grain, he may not plant
legumes; if he was Choker to plant legumes, he may plant
grain;
(d) R. Shimon ben Gamliel forbids this.
(e) (Gemara - Rav Chisda): R. Shimon ben Gamliel learns from
"Yisrael...Lo Yedaberu Chazav".
(f) Question (Beraisa): Money collected for the poor for
Purim must be used for Purim; we are not concerned (Rashi
- that this is too much for Purim, that some should be
given for regular Tzedakah; Ritva - to check that the
recipient is truly poor);
1. R. Yakov says, the poor people may not use it to buy
a shoe strap without stipulating in front of the
people of the city.
2. R. Shimon ben Gamliel is lenient (the money may be
used for other things).
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