Bava Metzia 103b
בבא מציעא ק״ג ע״ב
Learn Bava Metzia 103b step by step: Aramaic beside English, every question, answer and proof colour-coded.
Open Bava Metzia 103b in Gemara Clarity
Topic
Local custom in farming partnerships (who does which work, what is shared), and a new משנה on rent when a field's spring or trees are lost.
Overview
This amud finishes the משנה about a worker who farms another person's field. The owner and worker share the vine branches and poles, and both supply the poles. A ברייתא teaches that the worker must cut or uproot the crop according to local custom, because each side has a real interest and can block a change. The גמרא then explains several lines of the משנה. A worker who weeded on his own must still plow. The word 'הכל' adds that local custom decides whether the trees are part of the deal. In each case, a silent intention does not count, even one backed by a changed share; you have to spell it out at the start. רב יוסף adds the Babylonian custom about straw, and he divides the fencing, tools and irrigation work between the owner and the אריס. A new משנה then rules that a tenant pays full rent when the spring dries up or the trees are cut down, unless he rented the field by name as an irrigated or tree field. רב פפא explains that the case is a small river serving only this field, and his explanation continues on the next amud.
Opening lines
בַּזְּמוֹרוֹת וּבַקָּנִים,
in the branches and the poles,
וּשְׁנֵיהֶם מְסַפְּקִין אֶת הַקָּנִים.
and the two of them supply the poles.
גְּמָ׳ תָּנָא: מְקוֹם שֶׁנָּהֲגוּ לִקְצוֹר –
GEMARA: It was taught: In a place where they were accustomed to cut,
אֵינוֹ רַשַּׁאי לַעֲקוֹר,
he is not permitted to uproot;
The steps (30)
- StatementEnd of the משנה: sharing branches and poles
- StatementA ברייתא: the custom on cutting or uprooting is binding
- StatementWhy each side cares about the custom
- ChallengeWhy does the ברייתא need the last line?
- ResolutionThe last line gives the reason
- ChallengeWhy say the worker must plow if that is the custom?
- ResolutionThe worker who weeded instead
- QuestionWhat does the word 'everything' add?
- ResponseIt adds the rule about renting out trees
- ChallengeIsn't the first half of the ברייתא obvious?
- ResolutionThe owner who took a smaller share
- ChallengeIsn't the second half of the ברייתא obvious?
- ResolutionThe worker who gave a bigger share
- StatementThe straw is shared just like the grain
- StatementIn Babylonia the worker does not get straw
- QuestionWhy does it matter to state this custom?
- ResponseAn owner who gives straw is just being generous
- StatementWho builds the field's fence
- StatementThe general rule for fencing
- StatementTools come from the owner, channels from the worker
- StatementVine branches and poles are shared like the wine
- QuestionWhat are these poles for?
- ResponseSplit poles that hold up the vines
- ChallengeWhy say that both supply the poles?
- ResolutionThe line gives the reason for sharing
- StatementTenant pays full rent even if the spring dries up or the trees are cut down
- StatementIf he rented it by name as an irrigated or tree field, he pays less
- QuestionWhat exact case is the משנה talking about?
- ChallengeIt can't mean the big river dried up, since that is a disaster for the whole area
- Responseרב פפא: The case is a small river that dried up