Bava Metzia 106a
בבא מציעא ק״ו ע״א
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Topic
מכת מדינה in a farm rental: when a tenant may subtract from his rent, how luck and merit affect the claim, and related rules about counting years
Overview
The משנה taught that a tenant whose rented field was struck by blight may subtract from his rent only if it was a מכת מדינה, a disaster that hit most of the valley. The גמרא first asks 'what if' questions about different crops and different kinds of blight, and these stay unresolved (תיקו). It then rules that a tenant who planted barley instead of the wheat he was told to plant cannot subtract. It also rules that the owner's bad luck does not count as a regional disaster, because bad luck always leaves a little. And if all of the tenant's own fields were struck, the owner can blame the tenant's bad luck. Next, the גמרא raises an objection from a משנה in ערכין about years of blight. רב נחמן בר יצחק answers that a sold field follows a special פסוק about 'years of crops,' and this leads to a back-and-forth about שביעית. Finally, שמואל rules that a tenant who never planted cannot subtract, since the owner's merit might have saved the field. רב ששת challenges this from a shepherd who left his flock, and that discussion continues on the next amud.
Opening lines
מַאי? זֶרַע אַחֵר, מַאי?
What is the law? A different seed, what is the law?
חִיטֵּי לְגַבֵּי (שְׂעוֹרִים) [שְׂעָרֵי]
Wheat in relation to barley,
כְּזֶרַע אַחֵר דָּמֵי, אוֹ לָא?
is it considered like a different seed, or not?
כָּל הָעוֹלָם כּוּלּוֹ בְּשִׁדָּפוֹן,
The entire world was struck by windblast,
The steps (21)
- QuestionQuestions about different crops and different kinds of damage
- ConclusionThe questions stay unresolved
- QuestionThe tenant planted barley instead of the wheat he was told to plant
- ResponseThe owner's argument wins
- QuestionAll the owner's fields were blasted, but most of the valley was not
- ResponseBad luck always leaves a little behind
- QuestionAll the tenant's fields were blasted too
- ResponseThe owner can blame the tenant's bad luck
- ChallengeWhy can't the tenant use the same פסוק?
- ResolutionThe little would have been left in the tenant's own fields
- ChallengeAn objection from the משנה about years of blasted crops
- ChallengeThe inference from the משנה: some produce means the year counts
- ResolutionA sold field follows a special פסוק about years of produce
- ChallengeThen שביעית should count, since produce grows outside ארץ ישראל
- Resolutionשביעית is cancelled by the King
- ChallengeThen שביעית should not count for the yearly deduction either
- ResolutionThe field is still usable for spreading out produce
- Statementשמואל: No reduction if the tenant never planted
- ChallengeChallenge from the shepherd who left his flock
- ResolutionThe owner was not worthy of a miracle
- ChallengeBut what about a small miracle?