Soncino English Talmud
Bava Metzia
Daf 105a
If two 'iskas were arranged but only one bond drawn up, it is to the debtor's disadvantage. Raba also said: If a man accepted an 'iska from his fellow, and lost thereon; but then made it good by an effort, yet had not informed him [the investor of the loss], he cannot [then] say to him, 'Deduct the previous loss incurred;' because he can retort, 'You took the trouble of making it good to avoid the odium of inefficiency.' Raba also said: If two men accept an 'iska and make a profit, and one says to the other, 'Come, let us divide now' [before the time for winding up]: then if the other objects [saying], 'Let us earn more profits,' he can legally restrain him [from closing the transaction]. [For] if he claims, 'Give me half the profits,' he can reply, 'The profit is mortgaged for the principal.' Whilst if he proposes, 'Give me half the profits and half of the principal,' he can answer, '[The parts of the] 'iska are interdependent.' Whilst if he proposes, 'Let us divide the profit and the principal, and should you incur a loss I will bear it with you:' he can answer, 'No. The fortune of two is better than that of one.' MISHNAH. IF A MAN LEASES A FIELD FROM HIS NEIGHBOUR AND REFUSES TO WEED IT, SAYING, WHAT DOES IT MATTER TO YOU, SEEING THAT I PAY YOU YOUR RENTAL?' HIS PLEA IS NOT HEEDED, BECAUSE HE [THE LESSOR] CAN REPLY, 'TOMORROW YOU MAY LEASE IT, AND IT WILL BE OVERGROWN WITH WEEDS.' GEMARA. And should he [the tenant] say, 'I will plough it afterwards,' he can reply, 'I want good wheat.' And should he say, 'I will buy for you wheat from the market,' he can answer, 'I want wheat from my own soil.' Should he reply, 'Then I will weed for you the area necessary for your portion,' he can retort, 'You will bring my land unto disrepute.' But we learnt, because IT WILL BE OVERGROWN WITH WEEDS! — But [he is not heeded] because he can answer him, 'Once a bung falls out, it is fallen.' MISHNAH. IF A MAN LEASES A FIELD TO HIS NEIGHBOUR, AND IT DOES NOT YIELD [A SATISFACTORY CROP]: IF THERE IS ENOUGH TO MAKE A STACK, HE [THE TENANT] IS BOUND TO GO ON WORKING THEREIN. SAID R. JUDAH: WHAT STANDARD IS A STACK? BUT [THE STANDARD IS] IF THERE IS ENOUGH FOR RESOWING. GEMARA. Our Rabbis taught: If a man leases a field from his neighbour, and it does not yield [a satisfactory crop], and there is enough to make a stack, he [the tenant] is bound to go on working therein, because he writes him thus: 'I will stand, plough, sow, cut, bind, thresh, winnow, and set up a stack before you, and you will come and receive half; whilst I will receive half in return for my labour and expenses.' And how much is meant by, 'enough to make a stack'? — R. Jose son of R. Hanina said: Sufficient for the winnowing fan to stand therein. The scholars propounded: What if the winnowing fan protrudes from both sides? — Come and hear: R. Abbahu said: I received an explanation thereof from R. Jose son of R. Hanina: Providing that the receiver does not see the sun. It has been stated: Levi said: Three se'ahs; the School of R. Jannai said: Two; Resh Lakish said: The two se'ahs mentioned are exclusive of expenses. We learnt elsewhere: Wild olives and grapes — Beth Shammai declare them unclean; Beth Hillel, Clean. What is meant by 'wild [perize] olives?' — Said R. Huna: Wicked olives [i.e., which yield very little oil]. R. Joseph said: And what verse [warrants this interpretation]? — Also the robbers [perize] of thy people shall exalt themselves to establish the vision; but they shall fail. R. Nahman b. Isaac said: It is from this verse: If he beget a son that is a robber [pariz] a shedder of blood. And what is the standard of wild olives? — R. Eleazar said: Four kabs per loading. The School of R. Janna said: Two se'ahs. But there is no dispute: the former treats of a place when one kor is put into the press at a time; the latter, where three kors are put into the press. Our Rabbis taught: Baba Mezi'a 105b
Sefaria