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Week 103 - Wednesday - 14 November 2001

BAVA METZIA: CHAPTER 9: MISHNAH 2

If one received a field from his fellow, and it was a field which requires irrigation, or a field with trees, the spring dried up, or the trees were cut down, he may not deduct from his rental. If he said to him, "Lease me this field which requires irrigation," or "this field with trees," the spring dried up or the trees were cut down - he deducts from his rental.

Kehati

If one received a field from his fellow - on a sharecropping or leasehold basis - and it was a field which requires irrigation - i.e., it does not receive enough rain water, and contains a spring from which it is irrigated - or a field with trees - and is therefore desirable to the recipient, who eats their fruit; the spring - of the field which required irrigation - dried up, or the trees - which were in the field that he received - were cut down, he - the recipient - may not deduct from his rental - to the owner of the field, from the quantity of grain upon which they had agreed in the leasing or sharecropping agreement, since he did not specify at the outset that he was paying highly for this leasehold because of the spring or the trees.

But - If he - the recipient - said to him - the owner of the field -"Lease me this field which requires irrigation," or "this field with trees" - i.e., he revealed his intent, that he took into account the spring or the trees - the spring dried up or the trees were cut down, he - the recipient - deducts from his rental - i.e., he deducts from the amount of grain which he had agreed to give to the owner of the field.

BAVA METZIA: CHAPTER 9: MISHNAH 3

If one received a field from his fellow and he let it lie fallow - we assess it, how much it could have produced, and he gives him, since he writes to him in this manner, "If I let it lie fallow, and do not work it, I shall pay according to the best."

Kehati

This mishnah discusses the amount that a sharecropper who did not work his field must pay to the owner of the field.

If one received a field from his fellow - on a sharecropping basis, for a half, a third, or a quarter - and he let it lie fallow - he did not plow it or sow it - we assess how much it - the field - could have produced - if it had been worked properly - and he gives him - one half, one third, or one quarter of the estimated crop, in accordance with the terms of their agreement - since he - the sharecropper - writes to him in this manner - in the sharecropping contract - "If I let it lie fallow and - or - do not work it - the field properly (Tiferet Yisrael) - I shall pay according to the best - according to what the field could have produced if it had been plowed and sowed properly." The commentators explain that even if he had not written this to him, it is considered as if he had written it to him, since it is considered to be a general condition imposed by the court (Tosafot; Rabbeinu Asher; Maggid Mishneh on Hil. Sekhirut 8:13).

This mishnah deals only with sharecropping, as we have explained. The ruling to "assess how much it could have produced" is not relevant to a leasehold agreement, since the one leasing the field pays a fixed amount in accordance with their agreement (Rashi).

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