Bava Metzia

he must pay him his wages;  if a contract worker, he must pay him his contract price. Now, with whom does this agree? If with the Rabbis, why particularly if he learns that he has suffered a bereavement or is smitten with fever and so unfortunately compelled [to break the agreement]? Even if he is not compelled, surely the Rabbis maintain that the labourer has the advantage! Hence it must agree with R. Dosa, thus proving that he allows no distinction between time work and contract work! — Said R. Nahman b. Isaac: Here the reference is to a thing of irretrievable loss, and therefore it agrees with all. We learnt: HE WHO ALTERS [HIS CONTRACT] IS AT A DISADVANTAGE, AND HE WHO RETRACTS IS AT A DISADVANTAGE. Now, it is well [to state]. HE WHO ALTERS [HIS CONTRACT] IS AT A DISADVANTAGE, as thereby R. Judah's opinion is given as a general view;  but what is added by, HE WHO RETRACTS IS AT A DISADVANTAGE?  Surely [its purpose is] to extend the law to a [time] worker, and in accordance with R. Dosa?  — But R. Dosa refers to both cases [alike], whereas Rab agrees with him in one and disagrees in the other. Alternatively, HE WHO RETRACTS IS AT A DISADVANTAGE [is stated] for this purpose. Viz., It has been taught: He who retracts — how is that? If A sold a field to B for a thousand zuz, and B paid a deposit of two hundred zuz, if the vendor retracts, the purchaser has the advantage; if he desires, he can demand, 'Either return me my money or give me land to the value thereof.' And from what part [of the estate] must he satisfy his claim? From the best. But if the purchaser retracts, the vendor has the advantage; if he desires, he can say to him, 'Here is your money.' Alternatively, he can say. 'Here is land for your money.' And what [part of the field] may he offer him? The worst.  R. Simeon b. Gamaliel said: They are instructed [so to act as] to make it impossible [for either] to withdraw. How so? He [the vendor] must draw up a deed, stating. 'I [so-and-so] have sold such and such a field to so-and-so for a thousand zuz, upon which he has paid me two hundred zuz, and now I am his creditor for eight hundred zuz.' Thus he [the vendee] acquires the title thereto, and must repay him the rest, even after many years. The Master said: 'And from what part [of the estate] must he satisfy his claim? From the best.' Now, this was assumed to mean, 'from the best part of his estate.'  But let him [the buyer] be even as an ordinary creditor! And we learnt: A creditor is entitled to medium quality!  Moreover, here is the land for which he paid money! — R. Nahman b. Isaac said: [It means,] From the best therein [sc. the field bought] and  the worst therein. R. Aha, the son of R. Ika. said: It may even mean the best part of his estate; yet the average person, when buying a field for a thousand zuz, must sell off his other property cheaply.  and hence he is as one who has sustained damage.  And we learnt: For damages  we assess [and collect] the best [of the offender's estate]. 'R. Simeon b. Gamaliel said: They are instructed [so to act as] to make it impossible [for either] to withdraw. How so? He [the vendor] must draw up a deed, stating. "I [so-and-so have sold such and such a field to so-and-so for a thousand zuz, etc."' Hence, it is only because he writes thus;  but if not, he [the purchaser] does not acquire it. But has it not been taught: If a man gives a deposit to his neighbour and stipulates. 'If I retract, this deposit be forfeited to you.' and the other stipulates. 'If I retract, I will double you your deposit.' the conditions are effective: this is R. Jose's view, R. Jose [ruling here] in accordance with his general opinion that an asmakta is valid. R. Judah said: It is sufficient that he [the purchaser] shall gain possession [of the object sold] in proportion to his deposit. Said R. Simeon b. Gamaliel: This holds good only if he stipulates, 'Let my deposit effect possession'; but if he sells him a field for a thousand zuz, of which he pays him five hundred, he acquires [it all], and must repay him the balance even after many years?  — There is no difficulty: The former refers to a case where he [the vendor] repeatedly dunned  [the buyer] for his money;  the latter, where he did not repeatedly demand his money. For Raba said: If one sold an article to his neighbour, and repeatedly demanded payment, it does not become his [the purchaser's];  but if not, he [the buyer] acquires it. Raba also said: If one lent a hundred zuz to his neighbour, who repaid him a zuz at a time, it is [valid] repayment, but he may bear resentment against him, for he can complain, 'You have destroyed it for me.' A man once sold an ass  to his neighbour, and one zuz [of the purchase price] being left [unpaid], he [the vendor] made repeated calls for it. Now, R. Ashi sat and cogitated thereon: What [is the law] in such a case? Does he [the purchaser] acquire it or not?  Said R. Mordecai to R. Ashi: Thus did Abimi of Hagronia say in Rab's name: One zuz is as [many] zuz, and he does not acquire it. R. Aha, the son of R. Joseph, protested to R. Ashi: But we have stated in Raba's name that he does acquire it! — He replied: You must interpret your teaching [as referring] to one who sells his field