Talmud Yerushalmi
Yerushalmi Bava Metzia 9:5 ירושלמי בבא מציעא ט׳:ה׳
Part of: Chapter 9
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משנה: הַמְקַבֵּל שָׂדֶה מֵחֲבֵירוֹ וַאֲכָלָהּ חָגָב אוֹ נִשְׁדְּפָה. אִם מַכַּת מְדִינָה הִיא מְנַכֶּה לוֹ מֵחֲכִירוֹ אִם אֵינָהּ מַכַּת מְדִינָה אֵינוֹ מְנַכֶּה לוֹ מֵחֲכִירוֹ. רִבִּי יְהוּדָה אוֹמֵר אִם קִיבְּלָהּ מִמֶּנּוּ בְמָעוֹת בֵּין כָּךְ וּבֵין כָּךְ אֵינוֹ מְנַכֶּה לוֹ מֵחֲכִירוֹ.
MISHNAH: One27The tenant farmer, not the share cropper. who contracts with another for a field, but it was eaten by locusts or scorched. If it was a countrywide calamity, he reduces his leasing fee; if it was not a countrywide calamity36But only individual fields were damaged., he does not reduce his leasing fee. Rebbi Jehudah says, if he contracted for a sum of money37The lease has to be paid in coin, not in produce. Yerushalmi Demay 6:1 (Tosephta Demay 6:2) notes that the tenant paying in kind is called חוֹכֵר “lessee”, the one paying in money is called שׂוֹכֵר “he who rents”. in no case does he deduct from the leasing fee.
MISHNAH: One27The tenant farmer, not the share cropper. who contracts with another for a field, but it was eaten by locusts or scorched. If it was a countrywide calamity, he reduces his leasing fee; if it was not a countrywide calamity36But only individual fields were damaged., he does not reduce his leasing fee. Rebbi Jehudah says, if he contracted for a sum of money37The lease has to be paid in coin, not in produce. Yerushalmi Demay 6:1 (Tosephta Demay 6:2) notes that the tenant paying in kind is called חוֹכֵר “lessee”, the one paying in money is called שׂוֹכֵר “he who rents”. in no case does he deduct from the leasing fee.
הלכה: הַמְקַבֵּל שָׂדֶה מֵחֲבֵירוֹ כול׳. רַב הוּנָא אָמַר. בְּשֶׁנִּשְׁדְּפָה כָּל אוֹתָהּ הָרוּחַ. שֶׁמְעוֹן בָּר וָוא בְשֵׁם רִבִּי יוֹחָנָן. וְהוּא שֶׁזּוֹרְעָהּ. [אֲבָל אִם לֹא זְרָעָהּ] דּוּ יְכִיל מֵימַר לֵיהּ. אִילּוּ הֲוָות זְרַעְתָּהּ הֲוָות עָבְדָה סַגִּין. הַגַּע עַצְמָךְ שֶׁהָיוּ שָׂדוֹת אֲחֵרוֹת וְלֹא [לָקוּ]. יְכִיל מֵימַר לֵיהּ. קוּדְשָׁא בְּרִיךְ הוּא מְגַלְגֵּל עִם רְשִׁיעַיָיא. הָיוּ שָׁם שָׂדוֹת אֲחֵרוֹת וְלָקוּ. יְכִיל מֵימַר לֵיהּ. עַד כָּא הֲוִינָא חַיָיב בָּהּ. מִיכָא וּלְהַלָּן לִינָה חַיָיב בָּהּ.
HALAKHAH: “One27The tenant farmer, not the share cropper. who contracts with another for a field,” etc. Rav Huna said, if the entire area in that direction was scorched38In the Babli, 105b, all opinions agree that there is a countrywide calamity only if fields in all directions from the village were scorched.. Simeon bar Abba in the name of Rebbi Joḥanan. But only if it was sown. [But if he did not sow]39Reading E, missing in L and editio princeps, but implied by the text., the other can tell him, if you had sown it would have produced a lot40There might have been so great a yield that even after the field was scorched, a reasonable harvest would have been left.. Think of it, if there were other fields [which were not hit]41,Reading of E and R. Eliahu Fulda; missing in L. R. Eliahu usually is careful to note his emendations. The absence of a note indicates that he had some basis for his reading. The editio princeps moves the period: הַגַּע עַצְמָךְ שֶׁהָיוּ שָׂדוֹת אֲחֵרוֹת. וְלֹא יְכִיל מֵימַר לֵיהּ. “Think of it, if there were other fields. May he not tell him …?” The meaning is unchanged.42If only most but not all fields were scorched. The Babli, 105b/106a from the start only speaks of “most of the pagus (the agricultural area)”.? He may tell him, the Holy One, praise to Him, is forbearing with the evildoers. If there were other fields which were damaged43This is the opposite case, if not all but only most of the fields were damaged; a situation which the Babli still would classify as a countrywide calamity but the Yerushalmi considers as the farmer’s personal bad luck.? He44The landlord may refuse to reduce the rental fee, saying that he would be forced to agree only if all fields had been damaged. may tell him, so far I was liable in the case; from now on I am no longer liable.
HALAKHAH: “One27The tenant farmer, not the share cropper. who contracts with another for a field,” etc. Rav Huna said, if the entire area in that direction was scorched38In the Babli, 105b, all opinions agree that there is a countrywide calamity only if fields in all directions from the village were scorched.. Simeon bar Abba in the name of Rebbi Joḥanan. But only if it was sown. [But if he did not sow]39Reading E, missing in L and editio princeps, but implied by the text., the other can tell him, if you had sown it would have produced a lot40There might have been so great a yield that even after the field was scorched, a reasonable harvest would have been left.. Think of it, if there were other fields [which were not hit]41,Reading of E and R. Eliahu Fulda; missing in L. R. Eliahu usually is careful to note his emendations. The absence of a note indicates that he had some basis for his reading. The editio princeps moves the period: הַגַּע עַצְמָךְ שֶׁהָיוּ שָׂדוֹת אֲחֵרוֹת. וְלֹא יְכִיל מֵימַר לֵיהּ. “Think of it, if there were other fields. May he not tell him …?” The meaning is unchanged.42If only most but not all fields were scorched. The Babli, 105b/106a from the start only speaks of “most of the pagus (the agricultural area)”.? He may tell him, the Holy One, praise to Him, is forbearing with the evildoers. If there were other fields which were damaged43This is the opposite case, if not all but only most of the fields were damaged; a situation which the Babli still would classify as a countrywide calamity but the Yerushalmi considers as the farmer’s personal bad luck.? He44The landlord may refuse to reduce the rental fee, saying that he would be forced to agree only if all fields had been damaged. may tell him, so far I was liable in the case; from now on I am no longer liable.