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9:2:1

משנה: הַמְקַבֵּל שָׂדֶה מֵחֲבֵירוֹ וְהִיא בֵּית שְׁלָחִין אוֹ בֵית הָאִילָן. יָבַשׁ הַמַּעֲיָין וְנִקְצַץ הָאִילָן אֵינוֹ מְנַכֶּה לוֹ מֵחֲכִירוֹ. אִם אָמַר לוֹ הִשָּׂכֵר לִי שְׂדֵי בֵית שְׁלָחִין זוֹ אוֹ בֵית הָאִילָן זוֹ יָבַשׁ הַמַּעֲיָין וְנִקְצַץ הָאִילָן מְנַכֶּה לוֹ מֵחֲכִירוֹ.

MISHNAH: One who contracts with another for a field17The nature of the field was not specified in the lease., if it is an irrigated field or an orchard and the source dried up or the orchard was cut down, he18The tenant. This Mishnah does not apply to sharecroppers. may not deduct from his leasing fee. If he said, this irrigated field or this orchard shall be leased to me19The nature of the field was specified in the lease. and the source dried up or the orchard was cut down, he may deduct from his leasing fee.

MISHNAH: One who contracts with another for a field17The nature of the field was not specified in the lease., if it is an irrigated field or an orchard and the source dried up or the orchard was cut down, he18The tenant. This Mishnah does not apply to sharecroppers. may not deduct from his leasing fee. If he said, this irrigated field or this orchard shall be leased to me19The nature of the field was specified in the lease. and the source dried up or the orchard was cut down, he may deduct from his leasing fee.

9:2:2

הלכה: הַמְקַבֵּל שָׂדֶה מֵחֲבֵירוֹ כול׳. אָמַר רִבִּי יִצְחָק. בְּשֶׁיָּבַשׁ כָּל הַמַּעֲיָין. בְּרַם אִין הֲוָה עֲמִיק תַּרְתֵּין קוֹמִין וְאַתְּ עֲבִיד ג̇ קוֹמִין עֲמִיק יָכְלִין מֵימַר לֵיהּ. לַעֵי בֵיהּ וְהוּא סַגִּי.

HALAKHAH: “One who contracts with another for a field,” etc. Rebbi Isaac said, if the well dried up completely20This refers to the second case of the Mishnah, where the nature of the area to be leased was specified in the contract. The Babli (103b) points out that the drying up of the water source must be a local phenomenon; for if it were due to a countrywide drought the tenant could reduce his rent payments according to Mishnah 9:6.. But if it was two storeys deep and now it is three storeys deep, one may tell him: exert yourself and it will be sufficient.

HALAKHAH: “One who contracts with another for a field,” etc. Rebbi Isaac said, if the well dried up completely20This refers to the second case of the Mishnah, where the nature of the area to be leased was specified in the contract. The Babli (103b) points out that the drying up of the water source must be a local phenomenon; for if it were due to a countrywide drought the tenant could reduce his rent payments according to Mishnah 9:6.. But if it was two storeys deep and now it is three storeys deep, one may tell him: exert yourself and it will be sufficient.

9:2:3

נִקְצַץ הָאִילָן. אָמַר רִבִּי יִצְחָק. בְּשֶׁנִּקְצַץ כָּל הָאִילָן. אֲבָל אִם נִשְׁתַּיֵיר בּוֹ מִמַּטַּע עֲשָׂרָה לְבֵית סְאָה יְכִיל מֵימַר לֵיהּ. בְּקַדְמִיתָא הֲווּ דְחָשִׁין וְלָא הֲווּ עָבְדִין סַגִין. בְּרַם כְּדוֹן הִינּוּן דְּלִילִין וְעָבְדִין סַגִין.

“The orchard was cut down.” Rebbi Isaac said, if the entire orchard was cut down. But if there remained ten trees standing per bet se’ah21Ten fruit trees per bet se’ah constitute a minimal orchard (Ševi‘it1:2, Note 18), one tree per 250 square cubits. If the trees are more widely spaced, the area legally is no longer an orchard. The statement that “the entire orchard was cut down” has to be qualified to mean that “the trees were cut down to the extent that the orchard no longer exists.” he may tell him: At the beginning they were sickly and were not bearing much. But now they are sparse and will be productive.

“The orchard was cut down.” Rebbi Isaac said, if the entire orchard was cut down. But if there remained ten trees standing per bet se’ah21Ten fruit trees per bet se’ah constitute a minimal orchard (Ševi‘it1:2, Note 18), one tree per 250 square cubits. If the trees are more widely spaced, the area legally is no longer an orchard. The statement that “the entire orchard was cut down” has to be qualified to mean that “the trees were cut down to the extent that the orchard no longer exists.” he may tell him: At the beginning they were sickly and were not bearing much. But now they are sparse and will be productive.

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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