Torah Community Connections

Week 103 - Friday - 16 November 2001

BAVA METZIA: CHAPTER 9: MISHNAH 6

If one received a field from his fellow, and locusts ate it or it was blasted; if this was widespread in the area, he deducts from his rental to him; if this was not widespread in the area, he does not deduct it from his rental to him. Rabbi Yehudah says, If he received it from him for money, in either case, he may not deduct from the rental.

Kehati

This mishnah deals with the case of a person who leased a field from his fellow, and the field suffered damage due to circumstances beyond his control. The mishnah discusses whether or not the leaseholder is entitled to deduct from the rental he pays to the owner of the field.

If one received a field from his fellow - on a leasehold basis, for so many kors per year - and locusts ate it or it was blasted - the seeds fell from the sheaves due to a storm wind: if this was widespread in the area - if most of the fields of that city were afflicted - he - the leaseholder - deducts - according to his losses - from his rental - from the amount of grain upon which they had agreed in the leasing agreement - to him - the owner of the field; if this was not widespread in the area, he does not deduct from his rental to him - since the owner of the field can say to the leaseholder, "It is your luck which caused this."

Rabbi Yehudah says, If he - the leaseholder - received it - the field - from him for - a certain sum of - money - per year (and not produce) - in either case - even if this were widespread in the area - he may not deduct from the rental - since the locusts and the blasting did not affect the money. If, however, he had leased the field for produce, then the damages caused by the locusts and the blasting do affect his leasing, since he gives the produce to the owner of the field from the same afflicted field (Tiferet Yisrael). The law is in accordance with the former opinion.

This mishnah deals only with leasing. The ruling "he deducts from his rental" is not relevant to a sharecropping arrangement, since the sharecropper and the owner of the field divide what there is in the field.

BAVA METZIA: CHAPTER 9: MISHNAH 7

If one received a field from his fellow for ten kors of wheat a year: if it was stricken, he gives him from it; if its wheat were good, he may not say to him, "I will purchase from the marketplace," but he must give him from it.

Kehati

This mishnah deals with one who leases a field from his fellow for a certain number of kors per year. The mishnah teaches that the leaseholder pays the owner of the field produce from this field, whether its produce is inferior in quality or of good quality.

If one received a field from his fellow - on a leasehold basis - for ten kors of wheat a year: if it - the grain - was stricken - i.e., the wheat was blasted - he - the leaseholder - gives him - the owner of the field, the ten kors of wheat upon which they had agreed - from it - from the grain of this same field, and the owner of the field cannot demand that he buy him good wheat in the marketplace; if its wheat - from this field - were good - i.e., of excellent quality - he - the leaseholder - may not say to him - the owner of the field - "I will purchase - average wheat - from the marketplace" - in order to pay you your rental - but he must give him - the good wheat - from it - from this field.

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