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Week 103 - Thursday - 15 November 2001

BAVA METZIA: CHAPTER 9: MISHNAH 4

If one receives a field from his fellow, and he does not want to weed, and he says to him, "What does it matter to you, since I give you your rental?" - we do not heed him, since he could say to him, 'Tomorrow you will leave it, and it will bring forth weeds for me."

Kehati

This mishnah discusses a leaseholder who does not work the field properly, with the land depreciating as a result.

If one receives a field from his fellow - on a leasehold basis - and he - the leaseholder - does not want to weed, and he says to him - the owner of the field - "What does it matter to you - that I do not weed, for you do not lose by this - since I give you your rental?" - the specific number of kors upon which we agreed for the lease of the field - we do not heed him - we do not accept his claim, and he is obligated to weed - since he - the owner of the field - could say to him - the leaseholder - "Tomorrow - i.e., at a later date - you will leave it - and give the field back to me - and it will bring forth weeds for me - and the weeds will reduce the quantity of my grain." The Gemara explains that even if he says, "I will plow it during the last stage of the leasing," he is not heeded, since the seeds from the weeds will fall to the ground and will sprout once again; the leaseholder is obligated to weed the field each year.

This mishnah is interpreted as dealing with leasing. It does not deal with sharecropping, since it is obvious that the sharecropper must weed, and cannot say to the owner of the field, "What difference does it make to you..."; since the owner of the field receives a percentage of the yield, he is interested in weeding, so that the weeds will not decrease the quantity of the crop (Rashi).

BAVA METZIA: CHAPTER 9: MISHNAH 5

If one receives a field from his fellow, and it did not produce, if there was enough to make a heap, he is obligated to care for it. Rabbi Yehudah said, What is the measure of a heap? Only if it is sufficient for dropping.

Kehati

This mishnah deals with a sharecropper who does not work the field, since it is bad, and does not produce enough to make his work worthwhile.

If one receives a field from his fellow - on a sharecropping basis, for one half, one third, or one quarter - and it - the field - did not produce - i.e., it brought forth only a small crop, and the sharecropper does not want to take care of the field, since the return is not worth his trouble - if there was enough - produce - to make a heap - The Gemara explains that this "heap" has to be sufficiently big to stand a shovel in it to winnow the crop. This amount is equivalent to two se'ahs - he - the sharecropper - is obligated to care for it - A baraita quoted in the Gemara explains the reason for this law. The sharecropper writes in the sharecropping agreement, "I will stand and plow, sow, reap, stack the sheaves, thresh, winnow, and place a heap before you; you will take half of it (or one third or one fourth, as agreed upon between them), and I will take the rest as payment for my labor, and the amount that I spent" (Hil. Sekhirut 8:12).

Rabbi Yehudah said, What is the measure of a heap? - Can a heap serve as a fixed measure for both a large field and a small field? The care needed for the one is not the same as that required for the other? - Only if it is sufficient for dropping - i.e., the measure of grain which the sharecropper drops in sowing the field. In other words, his obligation to care for the field is in relation to the amount of grain which he sowed in the field. The law is in accordance with the first opinion in the mishnah, and with the opinion of Resh Lakish in the Gemara: if the field brings forth enough grain to make a heap containing two se'ahs, in addition to his expenses, the sharecropper is obligated to tend the field (Hil Sekhirut 8:12; Shitah Mekubetzet, citing Ramakh).

This mishnah deals only with sharecropping, if it were discussing a leasing arrangement, then the leaseholder would be obligated to pay the owner of the field the rental sum, even if the leaseholder did not work the field.

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