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Week 103 - Shabbat - 17 November 2001

BAVA METZIA: CHAPTER 9: MISHNAH 8

If one receives a field from his fellow to sow it with barley, he may not sow it with wheat; wheat, he may sow barley. Rabban Shimon ben Gamliel forbids. Grain, he may not sow it with pulse; pulse, he may sow it with grain. Rabban Shimon ben Gamliel forbids.

Kehati

This mishnah discusses whether or not a leaseholder, who had agreed with the owner of the field which type of produce to plant, is permitted to change this condition.

If one receives a field from his fellow - on a leasehold basis, for a certain number of kors of produce per year, on condition that - he sow it with barley, he may not sow it with wheat - since wheat exhausts the soil more than barley; in order to sow - wheat, he may sow barley.

Rabban Shimon ben Gamliel forbids - the sowing of barley. The Gemara explains the reason for his forbidding this: the verse in the Bible, "The remnant of Israel shall not do iniquity, nor speak lies, neither shall a deceitful tongue be found in their mouth" (Zeph. 3:13) teaches that it is forbidden to change that which has been agreed upon, even for the better. The Gemara also gives another reason for this prohibition: according to Rabban Shimon ben Gamliel, one does not sow a different type of produce each year. The owner of the field may have sown wheat the preceding year; if the leaseholder were to sow barley, he would ruin the field (according to the commentary of Rashi). The Tosafists, however, interpret this prohibition in the opposite manner: according to Rabban Shimon ben Gamliel, one does not plant the same type of produce year after year, and the owner of the field may have sown barley the preceding year. Rabban Shimon ben Gamliel accordingly forbids the leaseholder to sow barley if he had agreed with the owner of the land that he would sow wheat.

If he leases a field from his fellow in order to sow it with - Grain, he may not sow it with pulse - since pulse exhausts the soil more than grain; in order to sow it with - pulse, he may sow it with grain - since this is a change for the better. Some authorities have the opposite reading: "Pulse, he may not sow it with grain; grain, he may sow it with pulse" (see Tosefot Yom Tov).

Rabban Shimon ben Gamliel forbids - changing what had been agreed upon, for the reason which has been explained above. The legal ruling in each case depends on the quality of the soil. If the leaseholder had agreed with the owner of the field that he would sow something which slightly exhausts the soil, he is forbidden to change and sow something which greatly exhausts the soil. If the opposite is the case, however, he is permitted to change (Rambam, Bartenura).

This mishnah has been interpreted as dealing with a leaseholder. Since the sharecropper gives the owner of the field an agreed-upon percentage of the produce, the owner of the field is not so particular concerning the exhaustion of the field, provided that he receives an excellent crop. The sharecropper is therefore permitted to change the crop for a better one, even though this will exhaust the soil more than the crop upon which they had agreed (Rashi; Tur). There are commentators, however, who maintain the opposite: the one who receives a field on a sharecropping basis is forbidden to make any changes at all. Since the owner of the field shares in the crop itself, he can say, "I want what we agreed upon, and not something else" (Maggid Mishneh, citing Ramban).

BAVA METZIA: CHAPTER 9: MISHNAH 9

If one receives a field from his fellow for a few years, he may not flax, and he does not have the beams of the sycamore. If he received it from him for seven years, the first year he may sow flax, and he has the beams of the sycamore.

Kehati

If one receives a field from his fellow - on a leasing basis (Rashi) - for a few - less than seven - years, he may not sow flax - since the sowing of flax greatly exhausts the earth, and its roots remain in the soil for up to seven years (Bartenura) - and he does not have the beams of the sycamore - The trunk of the sycamore tree and its branches are called "beams," since beams used in building are made from them. The mishnah teaches that if he also leased a sycamore tree, along with the land, he is not permitted to cut branches from it, since he leased it for a few years, and the branches do not grow back to the size of beams in less than seven years. He did not lease the field with the lumber in mind, since he is obligated to return the sycamore tree as it was to the owner of the field.

If he received it from him - i.e., he leased the field and the sycamore tree - for seven years, the first year - of his leasing - he may sow flax - since the field returns to its original condition after seven years - and he has the beams of the sycamore - he is permitted to cut branches from the sycamore tree, since the branches will grow back completely during the seven years of his lease. He therefore will be able to return the field in the same condition it was in when he received it.

This mishnah has been interpreted as referring to leasing (in accordance with the commentary of Rashi). If he had received the field on a sharecropping basis, he is permitted to sow what he wants, even within a period of less than seven years, since the owner of the field has a share in the crop. Some authorities disagree with this (see Tosefot Yom Tov).

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