Bava Metzia 68b

בבא מציעא ס״ח ע״ב

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Topic

What wage a worker in a half-profit deal (storekeeper, animal raiser) must receive so it is not רבית, and how much counts as a wage.

Overview

The משנה taught that a storekeeper (חנווני) who sells your goods, or buys produce with your money, for half the profit must be paid a wage. Otherwise his extra work counts as רבית. אביי explains that the wage is כפועל בטל: what a worker in his own trade would accept to give up his usual work for this lighter job. The גמרא explains why the משנה needed both cases, and then gives a memory sign for the topics that follow. A ברייתא brings three views on how much the wage must be: any agreed amount (רבי מאיר), even a tiny benefit (רבי יהודה), or a full wage (רבי שמעון בן יוחאי). The same question decides arguments about raising goats and sheep, a chicken sitting on another woman's eggs, and a calf or foal raised with its mother. In those cases the lenient side points to small benefits like whey, unhatched eggs, or dung. רב נחמן rules like the lenient opinions. The amud ends with a contract of רב עילִישׁ that splits profit and loss in half. רבא begins to show it must have meant a permitted deal, and his argument continues on the next amud.

Opening lines

The steps (23)

1. Statementאביי defines the 'idle worker' wage
2. StatementWhy the storekeeper case alone would not be enough
3. ConclusionWhy the money case alone would not be enough
4. StatementA memory sign for the next discussions
5. StatementHow much must the storekeeper be paid
6. StatementNo appraising goats or sheep for half the profit
7. Statementרבי יוסי permits goats, sheep and chickens
8. ChallengeWhy doesn't the first opinion count wool and milk as payment
9. ResolutionThe dispute is only about whey and plucked tufts
10. ResolutionEach side of the argument follows an earlier opinion about the wage
11. StatementRenting out a chicken in exchange for two chicks
12. StatementSplitting the chicks: רבי יהודה permits, רבי שמעון forbids
13. ChallengeDoes רבי יהודה not require any wage here?
14. ResolutionThe eggs that never hatch are her wage
15. StatementFollow local custom about paying for carrying a young animal
16. Statementרבן שמעון בן גמליאל: value a calf or foal together with its mother
17. ChallengeWhere is the caretaker's wage in רבן שמעון בן גמליאל's case?
18. ResolutionThe dung is the caretaker's pay
19. RejectionThe other opinion: dung is given up, so it is not a wage
20. Conclusionרב נחמן rules like all three lenient opinions
21. StatementA document of רב עילִישׁ splits profit and loss in half
22. Statementרבא: רב עילִישׁ would never cause a forbidden deal
23. StatementEither way: half the profit means two-thirds of the loss