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9:1:1

משנה: הַמְקַבֵּל שָׂדֶה מֵחֲבֵירוֹ מְקוֹם שֶׁנָהֲגוּ לִקְצוֹר יִקְצוֹר לַעֲדוֹר יַעֲדוֹר לַחֲרוֹשׁ אַחֲרָיו יַחֲרוֹשׁ הַכֹּל כְּמִנְהַג הַמְּדִינָה. כְּשֵׁם שֶׁחוֹלְקִין בַּתְּבוּאָה כָּךְ חוֹלְקִין בַּתֶּבֶן וּבַקַּשׁ. כְּשֵׁם שֶׁחוֹלְקִין בַּיַּיִן כָּךְ חוֹלְקִין בַּזְּמוֹרוֹת וּבַקָּנִים וּשְׁנֵיהֶן מְסַפְּקִין אֶת הַקָּנִים.

MISHNAH: One who contracts with another for a field1Either as a sharecropper or as a tenant for a fixed amount per year. The percentage given to the owner of the land has to be specified in each case; all other conditions follow the rules of the Mishnah unless they are contracted otherwise., at a place where one usually cuts, he has to cut2At harvest time, one cuts the grain with sickle or scythe., to uproot, he has to uproot3One tears out the entire plant with its roots., to plough after harvest, he has to plough, everything according to local usage. Just as they divide the grain, so they divide straw and chaff. Just as they divide the wine, so they divide the vine tendrils4Cut during the pruning of the vines. and the props5To which the vines are tied. Since they are bought in common, they are disposed of in common.; they both provide the props together.

MISHNAH: One who contracts with another for a field1Either as a sharecropper or as a tenant for a fixed amount per year. The percentage given to the owner of the land has to be specified in each case; all other conditions follow the rules of the Mishnah unless they are contracted otherwise., at a place where one usually cuts, he has to cut2At harvest time, one cuts the grain with sickle or scythe., to uproot, he has to uproot3One tears out the entire plant with its roots., to plough after harvest, he has to plough, everything according to local usage. Just as they divide the grain, so they divide straw and chaff. Just as they divide the wine, so they divide the vine tendrils4Cut during the pruning of the vines. and the props5To which the vines are tied. Since they are bought in common, they are disposed of in common.; they both provide the props together.

9:1:2

הלכה: הַמְקַבֵּל שָׂדֶה מֵחֲבֵירוֹ כול׳. מְקוֹם שֶׁנָּהֲגוּ לִקְצוֹר וְתָלַשׁ. אָמַר לֵיהּ. אַתְּ בְּעִיתָהּ. לִתְלוֹשׁ וְקָצַר. אָמְרִין לֵיהּ. פּוּק דְּרִיתָהּ.

HALAKHAH: “One who contracts with another for a field” etc. If he uprooted at a place where one usually cuts, he6This gives the reasons why the landlord can force the contractor to follow customary rules. The same arguments are in the Babli, 103b. may tell him: “you make it sterile.” Where one uproots and he cuts, one tells him, go out and make it clean.

HALAKHAH: “One who contracts with another for a field” etc. If he uprooted at a place where one usually cuts, he6This gives the reasons why the landlord can force the contractor to follow customary rules. The same arguments are in the Babli, 103b. may tell him: “you make it sterile.” Where one uproots and he cuts, one tells him, go out and make it clean.

9:1:3

תַּנֵּי. הַמְקַבֵּל שָׂדֶה מֵחֲבֵירוֹ הֲרֵי זֶה קוֹצֵר וּמְעַמֵּר וְדָשׁ וְזוֹרֶה וּבוֹרֵר. הַחוֹפֵר וְהַכַּיָיל וְהַסַּנְטָר שׁוֹמְרֵי הָעִיר וְהָאֹיקוֹנוֹמוֹס נוֹטְלִין שְׂכָרָן מִן הָאֶמְצַע. הַכַּיָיר וְהַבַּלָּן וְהַסֹּפֵר בִּזְמַן שֶׁבָּאִין מִכֹּחַ הָאָרִיס נוֹטְלִין מִכֹּחַ הָאָרִיס. מִכֹּחַ בַּעַל הַבַּיִת נוֹטְלִין מִכֹּחַ בַּעַל הַבַּיִת. אֵין מְשַׁנִּין עַל מִנְהַג הַמְּדִינָה.

It was stated7Tosephta 9:14.: “One who contracts with another for a field has to harvest, bind into sheaves, thresh, winnow, and grade8Separate the grain into the different commercially recognized grades. All this work done far away from the field is included in the lease of the field.. The digger9He digs cisterns and is responsible for the cleaning and upkeep of the water system. This is a permanent job., the measurer10He measures the volumes of grain (cf. Arabic كيال) and other produce. The correct determination by Arukh (6 כל) was misunderstood by later commentators and lexicographers as “geometer”, whose services outside of Egypt were almost never needed. This led S. Lieberman to note (Tosefta kiFshutah Bava meṣia‘ p. 285) that he does not know the definition of כייר and that the explanations of commentaries and dictionaries are unconvincing. The seal of the grain measurer was needed for bulk sale of produce., the steward11Cf. 8:3, Note 15., the town watchmen, and the administrator11Cf. 8:3, Note 15. take their wages from the community12They are paid from town taxes. This presupposes that the entire town is the private property of a large landowner.. The builder of furnaces13כּוּר is an industrial furnace. But since building furnaces is not continuous work and כּוֹר is a measure of volume (30 se’ah), perhaps the כייר is identical with the כייל (E. G.)., the maker of seals, and the scribe14Usually one reads הַבַּלָּן וְהַסַּפָּר “the bath attendant and the barber” but these providers of personal services cannot be understood here. A בּוּל “seal” in Hebrew and Syriac, Latin bulla, is needed for commercial and financial transactions., if hired by the tenant they take15Their fees or wages. from the tenant; if hired by the landlord they take from the landlord. 16E adds:
אָמַר ר׳ לָא. הַפּוֹעֲלִים בִּזְמַן שֶׁבָּאִין מִכֹּחַ הָאָרִיס נוֹטְלִין מִכֹּחַ הָאָרִיס. מִכֹּחַ בַּעַל הַבַּיִת נוֹטְלִין מִכֹּחַ בַּעַל הַבַּיִת.
R. La said: Workers if hired by the tenant receive from the tenant; if hired by the landlord they receive from the landlord.
One does not change local usage.”

It was stated7Tosephta 9:14.: “One who contracts with another for a field has to harvest, bind into sheaves, thresh, winnow, and grade8Separate the grain into the different commercially recognized grades. All this work done far away from the field is included in the lease of the field.. The digger9He digs cisterns and is responsible for the cleaning and upkeep of the water system. This is a permanent job., the measurer10He measures the volumes of grain (cf. Arabic كيال) and other produce. The correct determination by Arukh (6 כל) was misunderstood by later commentators and lexicographers as “geometer”, whose services outside of Egypt were almost never needed. This led S. Lieberman to note (Tosefta kiFshutah Bava meṣia‘ p. 285) that he does not know the definition of כייר and that the explanations of commentaries and dictionaries are unconvincing. The seal of the grain measurer was needed for bulk sale of produce., the steward11Cf. 8:3, Note 15., the town watchmen, and the administrator11Cf. 8:3, Note 15. take their wages from the community12They are paid from town taxes. This presupposes that the entire town is the private property of a large landowner.. The builder of furnaces13כּוּר is an industrial furnace. But since building furnaces is not continuous work and כּוֹר is a measure of volume (30 se’ah), perhaps the כייר is identical with the כייל (E. G.)., the maker of seals, and the scribe14Usually one reads הַבַּלָּן וְהַסַּפָּר “the bath attendant and the barber” but these providers of personal services cannot be understood here. A בּוּל “seal” in Hebrew and Syriac, Latin bulla, is needed for commercial and financial transactions., if hired by the tenant they take15Their fees or wages. from the tenant; if hired by the landlord they take from the landlord. 16E adds:
אָמַר ר׳ לָא. הַפּוֹעֲלִים בִּזְמַן שֶׁבָּאִין מִכֹּחַ הָאָרִיס נוֹטְלִין מִכֹּחַ הָאָרִיס. מִכֹּחַ בַּעַל הַבַּיִת נוֹטְלִין מִכֹּחַ בַּעַל הַבַּיִת.
R. La said: Workers if hired by the tenant receive from the tenant; if hired by the landlord they receive from the landlord.
One does not change local usage.”

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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