Talmud Yerushalmi
Yerushalmi Bava Metzia 5:3 ירושלמי בבא מציעא ה׳:ג׳
Part of: Chapter 5
Reading: Hebrew · Simple EnglishHebrew · Faithful translationHebrew onlyHebrew · Simple EnglishHebrew · Faithful translationHebrew onlySimple English onlyFaithful translation onlySide by side
משנה: אֵין מוֹשִׁיבִין חֶנְוָונִי לְמַחֲצִית שָׂכָר לֹא יִתֵּן לוֹ מָעוֹת לִיקַּח בָּהֶן פֵּירוֹת לְמַחֲצִית שָׂכָר אֶלָּא אִם כֵּן נוֹתֵן לוֹ שְׂכָרוֹ כְּפוֹעֵל בָּטֵל. אֵין מוֹשִׁיבִין תַּרְנוֹגַלִּין לְמֶחֱצָה וְאֵין שָׁמִין עֲגָלִים וּסְיָיחִים לְמֶחֱצָה אֶלָּא אִם כֵּן נוֹתֵן לוֹ שְׂכַר עֲמָלוֹ וּמְזוֹנוֹת. אֲבָל מְקַבְּלִין עֲגָלִים וּסְיָיחִים לְמֶחֱצָה וּמְגַדְּלִין אוֹתָן עַד שֶׁיְּהוּ שְׁלָשִּׁין וַחֲמוֹר עַד שֶׁתְּהֵא טוֹעֶנֶת.
MISHNAH: One does not hire a shop clerk for half the gain53I. e., half the gain or loss, because then the material or the money provided to the trader is a loan and the 50% gain, the profit from the loan, is a “premium for waiting”. But if the trader receives a basic wage, he is an employee rather than an independent agent receiving a loan.; one does not give him money to buy produce for half the gain unless one pays him wages as an unemployed54This word appears in the Tosephta but is missing in the Babli. worker. One does not give chickens to breed55To split the difference in price between chicks and eggs. for half, nor does one hand over calves and foals for care for half the risk unless one pays for his work and food56Again if the rancher not only will get 50% of the gain but also will be responsible for 50% of any loss. Then the investment is a loan, and the rules of the prohibition of interest are applicable. Cf. Note 84.. But one takes in57When all the risk is borne by the investor. This is a monetary equivalent of the investor paying the rancher for his work. calves and foals for half and grows them until they are one-third grown58It is possible to read this as “three years old”., and a donkey59Used in rabbinic Hebrew both for he- and she-asses. until it becomes a beast of burden.
MISHNAH: One does not hire a shop clerk for half the gain53I. e., half the gain or loss, because then the material or the money provided to the trader is a loan and the 50% gain, the profit from the loan, is a “premium for waiting”. But if the trader receives a basic wage, he is an employee rather than an independent agent receiving a loan.; one does not give him money to buy produce for half the gain unless one pays him wages as an unemployed54This word appears in the Tosephta but is missing in the Babli. worker. One does not give chickens to breed55To split the difference in price between chicks and eggs. for half, nor does one hand over calves and foals for care for half the risk unless one pays for his work and food56Again if the rancher not only will get 50% of the gain but also will be responsible for 50% of any loss. Then the investment is a loan, and the rules of the prohibition of interest are applicable. Cf. Note 84.. But one takes in57When all the risk is borne by the investor. This is a monetary equivalent of the investor paying the rancher for his work. calves and foals for half and grows them until they are one-third grown58It is possible to read this as “three years old”., and a donkey59Used in rabbinic Hebrew both for he- and she-asses. until it becomes a beast of burden.
הלכה: אֵין מוֹשִׁיבִין חֶנְוָונִי כול׳. חַד בַּר נַשׁ אַשְׁאַל לְחַבְרֵיהּ דֵּינָרִין. אֲמַר לֵיהּ. סַב ב̇ דֵּינָרִין אַגְרָךְ וּמַה דִּינוּן עָבְדִין דִּילִי וְלָךְ.
HALAKHAH: “One does not hire a shop clerk,” etc.54E has here an addition: וּבְמָקוֹם שֶׁנָּהֲגוּ לַעֲלוֹת שָׂכָר כַּתָּף לְמָעוֹת מַעֲלִין . "At a place where one is used to pay carrier's wages as money, one pays." This refers to the Mishnah, that one must pay the clerk a minimum wage. It is stated that the minimum cannot be less than what is customary locally. This seems to contradict the next sentence. According to S. Lieberman (Tosefta kiFshutah Bava Mesi'a p. 211) כתף "porter" means "work, exertion"; cf. Halakhah 6, Tosephta 5:6. A person lent another one denars. He said to him, take two denars55The wages required by the Mishnah can be a token sum. In practice, the Babli agrees in the name of Samuel (69a). as your wages and what they will bring shall be mine and yours.
HALAKHAH: “One does not hire a shop clerk,” etc.54E has here an addition: וּבְמָקוֹם שֶׁנָּהֲגוּ לַעֲלוֹת שָׂכָר כַּתָּף לְמָעוֹת מַעֲלִין . "At a place where one is used to pay carrier's wages as money, one pays." This refers to the Mishnah, that one must pay the clerk a minimum wage. It is stated that the minimum cannot be less than what is customary locally. This seems to contradict the next sentence. According to S. Lieberman (Tosefta kiFshutah Bava Mesi'a p. 211) כתף "porter" means "work, exertion"; cf. Halakhah 6, Tosephta 5:6. A person lent another one denars. He said to him, take two denars55The wages required by the Mishnah can be a token sum. In practice, the Babli agrees in the name of Samuel (69a). as your wages and what they will bring shall be mine and yours.
תַּנֵּי. הַנּוֹתֵן מָעוֹת לַחֲבֵירוֹ לִיקַּח בָּהֶן פֵּירוֹת לְמַחֲצִית וְאָמַר. לֹא לָקַחְתִּי. אֵין לוֹ עָלָיו אֶלָּא תִּרְעוֹמֶת. וְאִם יָדוּעַ שֶׁלָּקַח הֲרֵי זֶה מוֹצִיא מִמֶּנּוּ עַל כּוֹרְחוֹ.
It was stated56Tosephta 4:22: “If somebody gives money to another to buy produce with it for half [the gain]; if that one says, I did not buy57After some time he returns the money and claims that he did not trade., he only has a complaint on him58The injured party has the right to complain (i. e., tell about the case to other people) but has no recourse in court for the gain lost by leaving his money inactive for some time.. But if it was known59If the other's commercial activity can be proven by any means, the injured party can sue in court. that he bought, the other forcibly extracts from him.”
It was stated56Tosephta 4:22: “If somebody gives money to another to buy produce with it for half [the gain]; if that one says, I did not buy57After some time he returns the money and claims that he did not trade., he only has a complaint on him58The injured party has the right to complain (i. e., tell about the case to other people) but has no recourse in court for the gain lost by leaving his money inactive for some time.. But if it was known59If the other's commercial activity can be proven by any means, the injured party can sue in court. that he bought, the other forcibly extracts from him.”
הַנּוֹתֵן מָעוֹת לַחֲבֵירוֹ לִיקַּח בָּהֶן פֵּירוֹת לְמַחֲצִית שָׂכָר. רָצָה אֶחָד מֵהֶן לְיַישְּׁנָן חֲבֵירוֹ מְעַכֵּב עַל יָדוֹ. אִם הָיָה עֶרֶב שְׁבִיעִית אֵין חֲבֵירוֹ מְעַכֵּב עַל יָדוֹ שֶׁשְּׁנֵיהֶן עַל מְנָת כֵּן לְקָחוּם.
60Tosephta 4:18. There, the second sentence appears in the name of R. Jehudah.“If somebody gives money to another to buy produce with it for half the gain and one of them wants to age it, the other may hinder him61In the absence of a prior agreement, if they bought grain at harvest time and one of the parties wants to defer selling until close to the next harvest when prices will be appreciably higher, the other partner can object and prefer a quick penny to a slow dollar.. But if it was the eve of a Sabbatical year, the other may not hinder him because it was understood that it was bought for that purpose62Since there is no harvest in the Sabbatical year, the price of grain is certain to rise. In this case, the presumption is that the parties bought the grain for storage and later sale..”
60Tosephta 4:18. There, the second sentence appears in the name of R. Jehudah.“If somebody gives money to another to buy produce with it for half the gain and one of them wants to age it, the other may hinder him61In the absence of a prior agreement, if they bought grain at harvest time and one of the parties wants to defer selling until close to the next harvest when prices will be appreciably higher, the other partner can object and prefer a quick penny to a slow dollar.. But if it was the eve of a Sabbatical year, the other may not hinder him because it was understood that it was bought for that purpose62Since there is no harvest in the Sabbatical year, the price of grain is certain to rise. In this case, the presumption is that the parties bought the grain for storage and later sale..”
הַנּוֹתֵן מָעוֹת לַחֲבֵירוֹ לִיקַּח בָּהֶן פֵּירוֹת לְמַחֲצִית שָׂכָר. אִם אָמַר. הֵא לָךְ מְנָה שֶׁאֵינוֹ יָכוֹל לַעֲמוֹד בִּפְרוֹטְרוּט. הֲרֵי זֶה אָסוּר. רָאָה פֵירוֹת מוֹקִירִין הֲרֵי זֶה מוּתָּר.
63Tosephta 4:17.“If somebody gives money to another to buy produce with it for half the gain and one says, here you have a mina for I cannot be bothered with the details, that is forbidden. But if he saw that grain was going up in price, it is permitted64The person who did the trading wants to pay the person who gave the money a lump sum and not be bothered with providing a detailed accounting. In general, this is (rabbinically) forbidden even though the trader would do it for his own convenience. But if it is obvious that the other’s share in the gain would be more than a mina, only that the other party is ready to take less but receive his money immediately, it would be a permitted discount..
63Tosephta 4:17.“If somebody gives money to another to buy produce with it for half the gain and one says, here you have a mina for I cannot be bothered with the details, that is forbidden. But if he saw that grain was going up in price, it is permitted64The person who did the trading wants to pay the person who gave the money a lump sum and not be bothered with providing a detailed accounting. In general, this is (rabbinically) forbidden even though the trader would do it for his own convenience. But if it is obvious that the other’s share in the gain would be more than a mina, only that the other party is ready to take less but receive his money immediately, it would be a permitted discount..
הַנּוֹתֵן מָעוֹת לַחֲבֵירוֹ לִיקַּח בָּהֶן פֵּירוֹת לְמַחֲצִית שָׂכָר רַשַּׁאי הַלּוֹקֵחַ לִיקַּח מֵאוֹתוֹ הַמִּין. כְּשֶׁמּוֹכֵר לֹא יִמְכּוֹר שְׁנַיִם כְּאַחַת אֶלָּא מוֹכֵר זֶה רִאשׁוֹן וְזֶה אַחֲרוֹן.
If somebody gives money to another to buy produce with it for half the gain, the trader is permitted to buy of the same kind. When he sells, he may not sell everything together but sells this first and that later65The trader is permitted to invest of his own money in the same commodity which he buys together with another in order to get a better price for the larger order. But when he sells, he has to sell the quantity for which he is trustee first and only then may he sell for his own account, when it is to be expected that the large quantity will have lowered the price somewhat..
If somebody gives money to another to buy produce with it for half the gain, the trader is permitted to buy of the same kind. When he sells, he may not sell everything together but sells this first and that later65The trader is permitted to invest of his own money in the same commodity which he buys together with another in order to get a better price for the larger order. But when he sells, he has to sell the quantity for which he is trustee first and only then may he sell for his own account, when it is to be expected that the large quantity will have lowered the price somewhat..
הַנּוֹתֵן מָעוֹת לַחֲבֵירוֹ לִיקַּח בָּהֶן פֵּירוֹת לְמַחֲצִית שָׂכָר רַשַּׁאי לִיקַּח מִכָּל מִין שֶׁיִּרְצֶה. לֹא יִקַּח לוֹ בָהֶן כְּסוּת וְעֵצִים. אָמַר רִבִּי יִצְחָק. הָדָא אָמְרָה. הַמְּבַטֵּל כִּיס חֲבֵירוֹ אֵין לוֹ עָלָיו אֶלָּא תִּרְעוֹמֶת. הַמְּבַטֵּל שְׂדֵה חֲבֵירוֹ חַיָיב לִשְׁפּוֹת לוֹ. הַמְּבַטֵּל סְפִינַת חֲבֵירוֹ וַחֲנוּת חֲבֵירוֹ מָהוּ.
66Tosephta 4:21.“If somebody gives money to another to buy produce with67Without specific instructions. for half the gain, the trader is permitted to buy any kind he wants, but he should not buy a garment or wood68This would be illicit use of another person’s money..” 69This remark does not belong here; it is repeated as Halakhah 9:3. It is a commentary on Tosephta 4:22, Notes 56–58. Or zarua‘ (vol. 2. p. 93, #339) quotes it as the Yerushalmi’s commentary to that Tosephta. Rebbi Isaac said, this implies that if one who leaves another’s capital unemployed, he only has a complaint on him58It is possible to read this as “three years old”.. If he leaves another’s field unused, he is obligated to serve him70A sharecropper is not permitted to leave a field fallow (unless it is good agricultural practice in crop rotation and done with the landlord’s knowledge). He cannot say that he is required only to deliver 50% of the gain, which means 0 if there is no gain. שפת means “to serve food”.. If he leaves another’s ship or store unused71When given to him for 50% of the net gain., what [is the rule]72Or zarua‘ (Note 69) quotes the Yerushalmi 9:3 as leaving the question unanswered, but adds that in Chapter 4 the answer is: He is not liable.?
66Tosephta 4:21.“If somebody gives money to another to buy produce with67Without specific instructions. for half the gain, the trader is permitted to buy any kind he wants, but he should not buy a garment or wood68This would be illicit use of another person’s money..” 69This remark does not belong here; it is repeated as Halakhah 9:3. It is a commentary on Tosephta 4:22, Notes 56–58. Or zarua‘ (vol. 2. p. 93, #339) quotes it as the Yerushalmi’s commentary to that Tosephta. Rebbi Isaac said, this implies that if one who leaves another’s capital unemployed, he only has a complaint on him58It is possible to read this as “three years old”.. If he leaves another’s field unused, he is obligated to serve him70A sharecropper is not permitted to leave a field fallow (unless it is good agricultural practice in crop rotation and done with the landlord’s knowledge). He cannot say that he is required only to deliver 50% of the gain, which means 0 if there is no gain. שפת means “to serve food”.. If he leaves another’s ship or store unused71When given to him for 50% of the net gain., what [is the rule]72Or zarua‘ (Note 69) quotes the Yerushalmi 9:3 as leaving the question unanswered, but adds that in Chapter 4 the answer is: He is not liable.?
הַמּוֹלִיךְ פֵּירוֹת מִמְּקוֹם הַזּוֹל לִמְקוֹם הַיּוֹקֶר. אָמַר לַחֲבֵירוֹ. תְּנֵם לִי וַאֲנִי נוֹתֵן לָךְ כְּדֶרֶךְ שֶׁאַתָּה נוֹתְנָן לְמָקוֹם פְּלוֹנִי. אִם בְּאַחֵרָיוּת הַנּוֹתֵן אָסוּר וְהַלּוֹקֵחַ מוּתָּר. הַמּוֹלִיךְ חֲבִילָה מִמָּקוֹם לְמָקוֹם. אָמַר לוֹ. תְּנֵיהָ לִי וַאֲנִי נוֹתֵן לָךְ כְּדֶרֶךְ שֶׁאַתְּ נוֹתֵן בְּמָקוֹם פְּלוֹנִי. אִם בְּאַחֵרָיוּת הַנּוֹתֵן אָסוּר וְהַלּוֹקֵחַ מוּתָּר. אֲבָל חֲמָרִים הַמְּקַבְּלִין מִבַּעֲלֵי בָתִּים מַעֲמִידִין לָהֶן פֵּירוֹת בִּמְקוֹם הַיּוֹקֶר כְּשַׁעַר הַזּוֹל. רִבִּי יוּדָה בַּר פָּזִי. עַד מָקוֹם שֶׁדַּרְכּוֹ לֵילֵךְ וְלָבוֹא בוֹ בַיּוֹם. רַב הוּנָא אָמַר. נַעֲשֶׂה שְׁלוּחוֹ. וְהָא מֵתִיבִין [לְרַב] הוּנָא. שָׁלִיחַ שֶׁנֶּאֱנָס חַיָיב עַל הָאוֹנְסִין. שֶׁנֶּאֱנָס פָּטוּר עַל הָאוֹנְסִין. לֹא פְעָמִים מַתְנֶה שׁוֹמֵר חִנָּם לִהְיוֹת כְּשׁוֹאֵל. וְהָתַנֵּי רִבִּי הוֹשַׁעְיָה. כְּשֵׁם שֶׁחַיָיב בְּכוּלָּהּ כָּךְ חַיָיב בְּמִקְצָתָהּ. מַאי כְדוֹן מַיְיתֵה. תַּמָּן מְשַׁלֵּם כְּשַׁעַר הַיּוֹקֶר. בְּרַם הָכָא מְשַׁלֵּם כְּשַׁעַר הַזּוֹל.
73Tosephta 4:8 (Tosefta ki-Fshutah Bava Meṣ‘ia p. 198), Babli 72b/73a.“A person was transporting from a lowprice place to a highprice one. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted74The other person takes the merchandise, brings it to the high-priced place, sells it there, and pays the owner on his return. In the meantime he has the use of the money he received for the sale. If this second person is responsible for any accidents, the original owner gets a “premium for waiting” in that he does not have to spend time and money for the trip and does not need insurance; this is rabbinically forbidden. But if the risk remains the original owner’s, it is a legitimate business deal and permitted.. A person was transporting a package from place to place. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. But donkey drivers who receive from householders75They collect produce from farmers at a stated low rate, transport it to a highprice city, sell it there and buy supplies cheaper in the city than in the countryside, sell in the countryside and pay the farmers at the end. They do business without investing their own money. obtain produce for a highprice place at lowprice rates76In Tosephta and Babli: “They do not have to worry about interest prohibitions.” This has to be understood here also..” Rebbi Jehudah bar Pazi: At a place where usually they can go and return the same day77Then no interest would be due and interest restrictions do not apply.. Rav Huna said, he becomes his agent78The donkey driver is the farmer’s agent for selling the latter’s produce. Interest rules do not apply to agency.. But did one not object to [Rav]79From E, missing in L by scribal error. Huna: If an agent fell victim to an accident, is he liable80Since the donkey driver has to pay the farmer for his grain, irrespective of what happened on the road, he cannot be an agent.? If he was the victim of an accident, he is not liable. Does it not happen that an unpaid trustee accepts to be like a borrower81An agent is not liable for accidents only if he strictly acts in the principal’s interest. If he is permitted to use the other’s money for his own trades, be becomes liable as a borrower while remaining an agent (Babli 94a).? But did not Rebbi Hoshaia state: Just as he is liable for the entirety, so he is liable for a part82This really is the same question again. An agent cannot be responsible for part of the merchandise if he is not responsible for the entirety. How can the donkey-driver be an agent if he collects produce from many farmers? S. Lieberman follows R. Eliahu Fulda in assigning these last sentences to Halakhah 5:7.! Why does one quote this? There, he would pay a high price, but here he pays at the low rate83Usually an agent is told what he is expected to do. If he is a buying agent, he is expected to pay the price which the principal agreed to. But here, he is only required to pay the farmer at the agreed local rate; he can reasonably be expected to be liable for accidents even if he acts as an agent..
73Tosephta 4:8 (Tosefta ki-Fshutah Bava Meṣ‘ia p. 198), Babli 72b/73a.“A person was transporting from a lowprice place to a highprice one. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted74The other person takes the merchandise, brings it to the high-priced place, sells it there, and pays the owner on his return. In the meantime he has the use of the money he received for the sale. If this second person is responsible for any accidents, the original owner gets a “premium for waiting” in that he does not have to spend time and money for the trip and does not need insurance; this is rabbinically forbidden. But if the risk remains the original owner’s, it is a legitimate business deal and permitted.. A person was transporting a package from place to place. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. But donkey drivers who receive from householders75They collect produce from farmers at a stated low rate, transport it to a highprice city, sell it there and buy supplies cheaper in the city than in the countryside, sell in the countryside and pay the farmers at the end. They do business without investing their own money. obtain produce for a highprice place at lowprice rates76In Tosephta and Babli: “They do not have to worry about interest prohibitions.” This has to be understood here also..” Rebbi Jehudah bar Pazi: At a place where usually they can go and return the same day77Then no interest would be due and interest restrictions do not apply.. Rav Huna said, he becomes his agent78The donkey driver is the farmer’s agent for selling the latter’s produce. Interest rules do not apply to agency.. But did one not object to [Rav]79From E, missing in L by scribal error. Huna: If an agent fell victim to an accident, is he liable80Since the donkey driver has to pay the farmer for his grain, irrespective of what happened on the road, he cannot be an agent.? If he was the victim of an accident, he is not liable. Does it not happen that an unpaid trustee accepts to be like a borrower81An agent is not liable for accidents only if he strictly acts in the principal’s interest. If he is permitted to use the other’s money for his own trades, be becomes liable as a borrower while remaining an agent (Babli 94a).? But did not Rebbi Hoshaia state: Just as he is liable for the entirety, so he is liable for a part82This really is the same question again. An agent cannot be responsible for part of the merchandise if he is not responsible for the entirety. How can the donkey-driver be an agent if he collects produce from many farmers? S. Lieberman follows R. Eliahu Fulda in assigning these last sentences to Halakhah 5:7.! Why does one quote this? There, he would pay a high price, but here he pays at the low rate83Usually an agent is told what he is expected to do. If he is a buying agent, he is expected to pay the price which the principal agreed to. But here, he is only required to pay the farmer at the agreed local rate; he can reasonably be expected to be liable for accidents even if he acts as an agent..