Bava Metzia 77a

בבא מציעא ע״ז ע״א

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Topic

Who bears the loss when hired work is cut short, and how workers who quit midway are paid

Overview

This amud deals with hired workers whose work is cut short. רבא gives a series of rulings. If the employer should have foreseen the problem, such as a rising river or a field he did not check, he bears the loss and pays the workers as a פועל בטל. If no one could have expected it, or the local workers knew the risk, the workers bear the loss. When a job ends early, the employer may assign only easier or equal work. The גמרא then explains a ברייתא about workers who quit in the middle of a job. The רבנן say the worker has the upper hand, and each 'obvious' line is shown to teach something about pay claims when prices change. רבי דוסא says the worker who backs out takes the loss, and רב rules like him. The גמרא then asks how this fits with רב's own view that a worker may quit even midday, and begins a ברייתא that continues on the next amud.

Opening lines

The steps (22)

1. StatementFinishing the rule about rain and checking the field
2. StatementWorkers hired to irrigate: rain versus a rising river
3. StatementThe river stopped flowing in the middle of the day
4. StatementThe job was finished by midday
5. ChallengeWhy full wages and not the idle worker's rate?
6. Resolutionרבא meant the workers of מחוזא
7. StatementWorkers who quit get paid for what they did
8. ChallengeFinishing for two סלעים seems obvious
9. ResolutionCoaxed workers cannot demand a raise
10. ChallengeA סלע for a סלע's work seems obvious
11. ResolutionThe case where they were hired above the going rate
12. ResolutionThe employer is not stuck adding the extra dinar again
13. Statementרבי דוסא: value what is left to do; the worker takes the loss
14. ChallengeWhy say they can finish and take two סלעים?
15. ResolutionWorkers who calmed down an angry employer still get full pay
16. ChallengeWhy say 'if it is worth a סלע, he gives a סלע'?
17. Resolutionרב הונא בריה דרב נתן: the workers took a discount at first, then prices dropped
18. ResolutionWhy the workers' earlier discount does not count now
19. Statementרב rules like רבי דוסא
20. ChallengeBut רב says a worker can quit midday
21. ResolutionMaybe רבי דוסא splits day-hire from contract work
22. RejectionDoes רבי דוסא really split them? A ברייתא about a midday death or fever