Bava Metzia 76a
בבא מציעא ע״ו ע״א
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Topic
Workers misled by a middleman hiring for the בעל הבית: why they have a complaint, and whose words they rely on when they say "as the בעל הבית said."
Overview
The amud opens with the last lines of the משנה: whoever backs out of a work deal, or changes its terms, ends up at a disadvantage. The גמרא then explains the משנה's words "הטעו זה את זה" as a case where a middleman sent by the בעל הבית misled the workers he hired. If he offered less than allowed, the workers agreed, and if he promised more and said "your pay is on me," he owes it himself, as a ברייתא shows. So the case must be that he said the pay comes from the בעל הבית. The גמרא then explains the workers' complaint (תרעומת) in several ways: they lost a chance at a better job, or they were landowners who would not have worked for less, or they worked harder in a way that cannot be checked. Another answer says even a lower offer they agreed to gives them a complaint, because of the פסוק "אל תמנע טוב מבעליו." Next the גמרא asks a new question: if the workers said "as the בעל הבית said," do they rely on the middleman's report or on the בעל הבית's real offer? It tries to prove they rely on the middleman from a case of a גט sent through a שליח. רב אשי begins to respond, and his words continue on the next amud.
Opening lines
אִם בַּעַל הַבַּיִת חוֹזֵר בּוֹ
If the employer backs out,
יָדוֹ עַל הַתַּחְתּוֹנָה.
his hand is on the bottom.
כׇּל הַמְשַׁנֶּה – יָדוֹ עַל הַתַּחְתּוֹנָה,
Whoever changes the terms is at a disadvantage,
וְכׇל הַחוֹזֵר בּוֹ – יָדוֹ עַל הַתַּחְתּוֹנָה.
and whoever backs out is at a disadvantage.
The steps (23)
- StatementClosing lines of the משנה: whoever backs out loses
- StatementReading the משנה's wording: the workers misled each other
- QuestionHow can workers mislead each other?
- ResponseThe case: a worker sent to hire others
- ChallengeIf he offered less than allowed, there is no complaint
- ChallengeIf he offered more than allowed, he may owe it himself
- Proofברייתא: whoever hires is responsible for the full wage
- ResolutionThe middleman said the pay comes from the employer
- ChallengeJust pay them the usual local wage
- ResolutionWages in that place are mixed, so they could have found four
- ResolutionSecond answer: the workers were landowners
- ResolutionThird answer: they worked extra hard
- ChallengeJust look at their work
- ResolutionThe work was digging the soil
- ChallengeCan't you check digging too?
- ResolutionThe dug area filled with water
- ResolutionAnother answer: the employer offered four and the middleman said three
- StatementThe obvious case: the employer said three, the middleman said four
- QuestionThe harder case: whose words are the workers relying on?
- ProofOpening a proof from a woman who sends for her גט
- ProofThe שליח changes her words, and רב rules she is not divorced
- ProofThe husband relied on the שליח's words
- Rejectionרב אשי begins to respond