Bava Metzia 76b

בבא מציעא ע״ו ע״ב

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Topic

Rejecting the comparison to the גט case, reading הטעו as 'backed out,' and the ברייתא's rules for paying workers when a job falls through

Overview

The גמרא first rejects the attempt to compare workers hired through a middleman to רב נחמן's ruling about a שליח carrying a גט. In that case the שליח cancelled his own agency completely, so it shows nothing about whose words the husband relies on. Then the גמרא offers a new reading of the משנה: the word הטעו (deceived) can mean חזרו (backed out of the deal). It proves this from a long ברייתא about hired workers. If either side backs out before work begins, there is only a complaint (תרעומת). If the workers came and found no work, they get the reduced pay of an idle worker. If they quit partway, the court values their work so that they do not gain from quitting, and רבי דוסא calculates this differently. When quitting would cause a loss and no replacements are available, the employer may hire others at their expense or trick them into finishing. Finally, רב and the גמרא discuss whether idle workers get any pay at all. The answer depends on whether the employer checked his field the night before, a distinction that רבא also uses and that continues on the next amud.

Opening lines

The steps (19)

1. RejectionThe comparison to the גט case is rejected, starting with the reverse case
2. RejectionA second ruling that would have proven something
3. RejectionThe real reason: the agent cancelled his own agency
4. ResolutionNew reading: 'deceived' means 'backed out'
5. ProofA ברייתא that uses 'deceived' for backing out
6. ProofWhen workers already came: full wages, minus the value of resting
7. ProofWorkers who already started are paid for what they did
8. ProofHow the finished half is valued when prices change
9. Statementרבי דוסא values the work still left to do
10. StatementWhen stopping the work causes a loss, the employer may hire others or trick the workers
11. StatementThe special remedies apply only when no other workers are available
12. StatementA תנא recites to רב that idle workers get full wages
13. Challengeרב objects in the name of his uncle: only an idle worker's wage
14. ChallengeBut the ברייתא itself says they get less
15. ResolutionThe תנא did not finish reciting it
16. ResolutionSecond version: רבי חייא would pay nothing at all
17. ChallengeThen the ברייתא and רבי חייא contradict each other
18. ResolutionIt depends on whether the employer checked his field the night before
19. Proofרבא's parallel case: rain floods the field before the workers can plow