Bava Metzia

and the town scribe,  are all regarded as being permanently warned.  The general principle is this: for every loss that is irrecoverable, [the workers] are regarded as being permanently warned. A certain gardener said, 'Give me my improvements, as I wish to emigrate to Palestine.' When he came before R. Papa b. Samuel he ordered: 'Give him the improvements'.But Raba protested: 'Has only he effected the increased value, and not the soil?'  He replied, 'I meant half thereof.' 'But,' he protested, 'hitherto the owner took half and the gardener half; whereas now he must give a share to an aris!'  He replied, 'I meant a quarter of the improvement.' Now R. Ashi thought this to mean a quarter [of the residue],  which is a sixth [of the whole]. For R. Minyomi, the son of R. Nehumi, said: Where it is the practice for a gardener to receive half profits and an aris one third,  and a gardener wishes to quit, he is given [his share of the] profits and dismissed, [a share being computed in such a way] that the employer sustains no loss [through having to engage an arts]. Now, should you assume that he meant a quarter [of the residue after paying the aris his share], which is a sixth of the whole, it is well; but if you say that it means a literal quarter, the employer loses a twelfth!  R. Aha, the son of R. Joseph, said to R. Ashi: But cannot he [the gardener] say to him, 'Do entrust your own portion to the aris; whilst as for me, I can do what I wish with my own share'?  — He replied: When you arrive at 'The slaughter of consecrated animals,' come and place your difficulties before me. The [above] text states: 'R. Minyomi, son of R. Nehumi said: Where it is the practice for a gardener to receive half profits and an arts one third, and a gardener wishes to quit, he is given [his share of] the profits and then dismissed, [a share being computed in such a way] that the employer sustains no loss.' R. Minyomi, son of R. Nehumi [also] said: Of an old [vine] trunk [the gardener receives] half;  but if the river inundated it,  he receives a quarter. A certain man pledged a vineyard with his fellow for ten years,  but it aged after five.  Abaye said: They [the aged trunks] rank as produce;  Raba ruled: As principal; therefore land must be bought therewith, of which he [the mortagee] enjoys the usufruct. An objection is raised: If the tree withered or was cut down, both are forbidden to use it. What then shall be done? It must be sold for timber, land bought with the proceeds, and he [the mortgagee] takes the usufruct.  Surely 'withered' is similar to 'cut down': just as the latter means, in its due time, so the former too; and yet it is taught, 'It must be sold for timber, land bought with the proceeds, and he [the mortagee] takes the usufruct': thus proving that it ranks as principal? — No; 'cut down' is similar to 'withered:'just as the latter [implies] before its time,  so the former too. Come and hear: If aged vines and olive trees fell to her [as an inheritance],