Talmud Yerushalmi
Yerushalmi Bava Metzia 8:6 ירושלמי בבא מציעא ח׳:ו׳
Part of: Chapter 8
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משנה: הַמַּשְׂכִיר בַּיִת לַחֲבֵירוֹ בִּימוֹת הַגְּשָׁמִים אֵינוֹ יָכוֹל לְהוֹצִיאוֹ מִן הֶחָג עַד הַפֶּסַח. וּבִימוֹת הַחַמָּה שְׁלֹשִׁים יוֹם וּבַכָּרַכִּין אֶחָד יְמוֹת הַחַמָּה וְאֶחָד יְמוֹת הַגְּשָׁמִים שְׁנֵים עָשָׂר חֹדֶשׁ. וּבַחֲנוּיוֹת אֶחָד כָּרכִּין וְאֶחָד עֲיָירוֹת שְׁנֵים עָשָׂר חֹדֶשׁ. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר חֲנוּת שֶׁל נַחְתּוֹמִין וְשֶׁל צַבָּעִין שָׁלֹשׁ שָׁנִים.
MISHNAH: He who rents a dwelling to another person cannot remove him from there during the rainy season, from Tabernacles to Passover, but in the dry season on thirty days’ notice. But in walled cities,33In the Babli, 101a, the entire discussion is in the name of R. Simeon ben Laqish.
If the trees are swept away with their roots exposed, the farmer who replants them on his property must observe the first three years as ‘orlah(Mishnah ‘Orlah 1:3). There is no yield to quarrel about. Therefore, the Mishnah presupposes that the earth in which the tree was planted was eroded and the tree was swept away with it, as explained in the Mishnah. R. Yose b. Ḥanina notes that the original owner has a claim only for the three years in which the new owner would not have had any yield, were it not for the original owner’s earth in which the roots were embedded. After three years the entire harvest is the second owner’s. whether in the dry or the rainy season, on twelve months’ notice. For a store34The store owner frequently sells on credit and needs time to collect what is due him., whether in a walled city or in a village, twelve months. Rabban Simeon ben Gamliel said, a baker’s or dyer’s store35Not only do they sell on long term credit contracts, they also have installations which have to be dismantled and reconstructed., three years.
MISHNAH: He who rents a dwelling to another person cannot remove him from there during the rainy season, from Tabernacles to Passover, but in the dry season on thirty days’ notice. But in walled cities,33In the Babli, 101a, the entire discussion is in the name of R. Simeon ben Laqish.
If the trees are swept away with their roots exposed, the farmer who replants them on his property must observe the first three years as ‘orlah(Mishnah ‘Orlah 1:3). There is no yield to quarrel about. Therefore, the Mishnah presupposes that the earth in which the tree was planted was eroded and the tree was swept away with it, as explained in the Mishnah. R. Yose b. Ḥanina notes that the original owner has a claim only for the three years in which the new owner would not have had any yield, were it not for the original owner’s earth in which the roots were embedded. After three years the entire harvest is the second owner’s. whether in the dry or the rainy season, on twelve months’ notice. For a store34The store owner frequently sells on credit and needs time to collect what is due him., whether in a walled city or in a village, twelve months. Rabban Simeon ben Gamliel said, a baker’s or dyer’s store35Not only do they sell on long term credit contracts, they also have installations which have to be dismantled and reconstructed., three years.
הלכה: הַמַּשְׂכִיר בַּיִת לַחֲבֵירוֹ כול׳. תַּנֵּי. כָּל אֵילּוּ שֶׁאָמְרוּ ל̇ יוֹם וְי̇ב̇ חוֹדֶשׁ לֹא שֶׁיִּדּוֹר בְּתוֹכָן ל̇ יוֹם וְי̇ב̇ חוֹדֶשׁ אֶלָּא שֶׁיּוֹדִיעוֹ קוֹדֶם ל̇ יוֹם וְקוֹדֶם י̇ב̇ חוֹדֶשׁ. בֵּית הַבַּד כָּל שָׁעַת בֵּית הַבַּד. בֵּית הַגַּת כָּל שָׁעַת הַגַּת. בֵּית הַיּוֹצְרָה אֵין פָּחוּת מִשְּׁנֵים עָשָׂר חוֹדֶשׁ. אָמַר רִבִּי יוֹסֵי. בַּמֶּה דְבָרִים אֲמוּרִים. בְּאִילֵּין שֶׁהֵן עוֹשִׂין בֶּעָפָר שָׁחוֹר. אֲבָל בְּאֵילוּ שֶׁעוֹשִׂין בְּעָפָר לָבָן כּוֹנֵס גּוֹרְנוֹ וּמִסְתַּלֵּק.
HALAKHAH: “He who leases a dwelling to another person,” etc. It was stated: 36Tosephta 8:27; the first sentence also in the Babli 101b.“Anywhere they mention 30 days or twelve months it does not mean that one has to dwell there 30 days or twelve months but notice must be given before 30 days or twelve months37Tosephta and Babli add: The tenant is held to the same deadlines if he wants to terminate the lease. But for the duration of a contract of lease there are no general rules.. An oil press, the entire period it is in use. A wine press, the entire period it is in use. A potter’s atelier no less than twelve months. Rebbi Yose38In the Tosephta: R. Nehemiah. said, when has this been said? For those who work with black earth. But one who works with white earth collects his stock and leaves.”
HALAKHAH: “He who leases a dwelling to another person,” etc. It was stated: 36Tosephta 8:27; the first sentence also in the Babli 101b.“Anywhere they mention 30 days or twelve months it does not mean that one has to dwell there 30 days or twelve months but notice must be given before 30 days or twelve months37Tosephta and Babli add: The tenant is held to the same deadlines if he wants to terminate the lease. But for the duration of a contract of lease there are no general rules.. An oil press, the entire period it is in use. A wine press, the entire period it is in use. A potter’s atelier no less than twelve months. Rebbi Yose38In the Tosephta: R. Nehemiah. said, when has this been said? For those who work with black earth. But one who works with white earth collects his stock and leaves.”