Bava Metzia

or half loss and two thirds profit.  R. Kahana said: I repeated this ruling before R. Zebid of Nehardea, whereupon he suggested to me: But perhaps R. 'Ilish had dipped his bread into his vinegar, and R. Nahman has ruled, The halachah is as R. Judah?  — He replied: It was not stated that such is the halachah, but that [all three proceed on the same] principle. That is logical too; for should you not agree thereto, why enumerate the halachah [of every case]? He should have stated, The halachah is as R. Judah, who is the most lenient of all. Rab said: [If one stipulates, 'Receive] the excess above a third as your remuneration,' it is permitted.  But Samuel said: And if there was no excess above a third, shall he go home empty handed?  Hence, said Samuel, he must stipulate a denar [for his labour]. Now, is it Rab's opinion that a denar need not be fixed? But Rab said: The calf's head is the breeder's.  Surely that means that he said to him, 'Receive the excess above a third as your payment'?  — No. It means that he said to him,  'Either the excess above a third, or the calf's head for the breeder.'  Alternatively, when did Rab rule that [a stipulation], 'Receive the excess above a third as your payment,' is permitted, when he [the breeder] has a cow of his own, for people say, 'It is the same whether one mixes fodder for an ox or for oxen. R. Eleazar of Hagrunia  bought a cow and gave it to his aris.  The latter fattened it, and received the head in payment and also half the profit.  Said his [the aris's] wife to him, 'Had you been in partnership with him, he would have given you the tail too [as your share].' So he went and bought [a cow] in partnership with him, but he [R. Eleazar] divided the tail, and then said: 'Come, let us divide the head too.' 'What! Shall I not receive even as much as before?' exclaimed he. 'Until now', he [R. Eleazar] replied, 'the money was [altogether] mine; had I not given you a little more [than half], It would have looked like usury. Now, however, we are partners: what will you plead? I have worked rather more? But people say 'The average aris binds himself to the landowner to find him pasture.' Our Rabbis taught: If one entrusts his neighbour with cattle on a valuation,  how long is he bound to attend thereto? Symmachus said: In the case of asses, eighteen months; small cattle,  twenty-four months. Should he wish to divide [the profits] within this period, his partner can prevent it, but the attention of the first year cannot be compared with that of the second.  Why say 'but'?  — Therefore [say thus]: Because the attention necessary in the first year cannot be compared with that of the second. Another [Baraitha] taught: If one entrusts his neighbour with cattle on valuation, how long is he bound to attend to the young?  In the case of small cattle, thirty days; large cattle, fifty days. R. Jose said: In the case of small cattle, three months, because they need much attention. How [do they need] much attention? Because their teeth are very small.  Thereafter, he [the breeder] receives his own half [of the young] and a half of his neighbour's half.  R. Menashia b. Gada took his own half and half of his partner's half. Then he came before Abaye. Said he to him: Who divided for you?  Moreover, the local usage here is to breed [until fully grown], and we learnt: Where it is the usage to breed, they [the young] must be fully bred. Two Cutheans  entered on a share partnership.  Then one went and divided the money without his partner's knowledge. So they came before R. Papa.  Said he to him [the plaintiff]: What difference does it make? Thus did R. Nahman rule: Monies are held to be already divided. The following year they bought wine in partnership. Thereupon the other arose and divided it without his partner's knowledge. Again they came before R. Papa. Said he to him: Who divided it for you? — I see, he replied, that you are biassed in my partner's favour.  Said R. Papa: