[110a - 44 lines; 110b - 43 lines]
1)[line 2]והזקינוV'HIZKINU- and they aged prematurely
2a)[line 3]שנפלו לה בשדה אחרתSHE'NAFLU LAH B'SADEH ACHERES- [it was a case in which] they (the trees) fell to her (as an inheritance) in somebody else's land (i.e. the trees belonged to her, but not the land)
b)[line 4]דקא כליא קרנאD'KA KALYA KARNA- the principal value was going to be destroyed (i.e. if we permit the husband to take the trees for himself, the woman will not be left with anything)
3)[line 7]קרקע בחזקת בעליה קיימאKARKA B'CHEZKAS BE'ALEHA KAIMA- the land is assumed to be in the possession of its owner (and therefore the creditor must bring proof that he was entitled to eat the fruits of the land for the year in doubt)
4)[line 14]ואטרוחי בי דינא תרי זמני לא מטרחינןV'ATRUCHEI BEI DINA TREI ZIMNEI LO MATRECHINAN- we do not trouble Beis Din two times (i.e. if we follow the normal rule and, out of doubt, have Beis Din make the creditor pay for the fruits that he ate for the third year, perhaps later the witnesses to the transaction will appear and testify that the loan indeed was for three years, and Beis Din will again have to convene and make the debtor pay the money back to the creditor)
5)[line 17]שטרא אירכס ליSHTARA IRKAS LI- I lost the document
6)[line 18]מגו דאי בעי אמר "לקוחה היא בידי!"MIGO D'IY BA'I AMAR "LEKUCHAH HI B'YADI!"- [the creditor is believed to say that he is entitled to continue eating the fruits of the debtor's field as repayment for his loan] since, if he wanted [to lie and prevail], he could have said, "I purchased it from you!"
7)[line 21]דלגוביינא קאיD'L'GUVAINA KAI- its purpose is to be used to collect a debt
8)[line 22]ומיכבש הוא דכבשיה לשטריהU'MICHBASH HU D'CHAVSHEI LI'SHTAREI- he is certainly hiding the document
9)[line 24]משכנתא דסוראMASHKANTA D'SURA- "The Mashkon of Sura," i.e. when the two parties specifically stipulate that when the years of the Mashkon terminate, the field will go back to the debtor and the debt is settled [giving the appearance that the produce has been sold - see also Tosfos 67b DH b'Mishlam].
10)[line 25]במישלם שניא אלין, תיפוק ארעא דא בלא כסףB'MISHLAM SHENAYA ILEIN, TEIPUK AR'A DA B'LO CHESAF- at the end of this time period (lit. these years), this land will go out [of the creditor's possession] without any additional payments [on the part of the debtor]
11)[line 30]דמרי ארעאMAREI AR'A- the owner of the land (i.e. the debtor; since he pays the tax for the land, it is known that he is the owner)
12a)[line 30]יהיב טסקאYAHIV TASKA- pays the property tax
b)[line 30]כריא ארעאKARI KARYA- [the owner] digs the furrows [around the borders of the land]
13)[line 32]איבעי ליה למחוייIBA'I LEI LI'MECHUYEI - he should have protested (SHNEI CHAZAKAH / MECHA'AH)
A person who claims to have bought a piece of land from another person, but has no proof of purchase may, nevertheless, support his claim with a "Chazakah." A Chezkas Shalosh Shanim (a "Chazakah of three years") means that he has proof (witnesses) that he has been living and working on the land for three years, and his opponent has no witnesses to attest to the fact that he voiced any Mecha'ah (objection) during those three years. This Chazakah serves as proof to the claim that he bought the land (see Bava Basra 28a et seq.).
14)[line 39]רב מרי ברה דבת שמואלRAV MARI BERAH D'VAS SHMUEL- Rav Mari, the son of [Rachel,] the daughter of Shmuel. He was referred to by his mother's name, and not by his father's name, because his mother, Rachel (the daughter of Shmuel) was taken captive by a Nochri who married her. After she conceived and before she gave birth, the Nochri converted and became Jewish, and was known as Isur Giyora (Isur the Ger). In deference to Rav Mari's honor, he is referred to by his mother's name.
15a)[line 42]שכיריSECHIRI- [he is] my regular hired laborer (and not a sharecropper)
b)[line 42]ולקיטיLEKITI- (a) my hired household helper (RASHI to Bava Kama 104a in the name of his teacher; (b) my hired laborer at reaping and harvesting time (RASHI to Eruvin 64a and Kesuvos 57b)
110b----------------------------------------110b
16)[line 4]כיון דלגוביינא קיימא, כמאן דגביא דמיאKEIVAN DEL'GUVAINA KAIMA, K'MAN D'GAVYA DAMYA- since it (the land) is intended to be collected [by the creditor], it is as if it has been collected already (and is in the creditor's possession)
17)[line 7]ספק זה קדם וספק זה קדםSAFEK ZEH KODEM V'SAFEK ZEH KODEM - when there is a doubt whether this (the tree) was there first, or whether this (the city) was there first (IR V'ILAN - a city and a tree)
The Mishnah in Bava Basra (24b) teaches that one may not plant a large tree within fifty Amos of the city limits (in order to maintain the aesthetic beauty of the city by having an open area in front of the city). If one planted a tree within that space, he must cut it down and he does not receive compensation. If he had planted the tree first and then a city was established there, he must cut it down, but he receives compensation for it. The Mishnah states that in a case of a doubt whether the tree or the city was there first, the owner of the tree must cut it down and he does not receive compensation. He must cut it down because regardless of whether the tree was there first or the city was there first, he must cut down the tree. He does not receive compensation because, out of doubt, we do not extract money from one party and give it to the other, but rather we apply the principle of "ha'Motzi me'Chaveiro Alav ha'Ra'ayah."
18)[line 8]קוצץKOTZETZ- he must cut down [the tree]
19a)[line 14]בארעא מסלקינן להוB'AR'A MESALKINAN LEHU- we remove them (the heirs from the field which is pledged to the creditor, which the heirs improved) by giving them a parcel of land (equal to the value of the improvement that they made to the entire field)
b)[line 14]בדמי מסלקינן להוBI'DEMEI MESALKINAN LEHU- we remove them (the heirs from the field which is pledged to the creditor, which the heirs improved) by giving them money (equal to the value of the improvement that they made to the entire field)
20)[line 17]ומעלין אותן בדמיםMA'ALIN OSAN B'DAMIM- we compensate them (for the improvements that they made to land that was a security for a debt) with money
21)[line 17]בכור לפשוטBECHOR L'PASHUT - the firstborn to an ordinary son (YERUSHAS BECHOR)
(a)The first viable male born to a father inherits a double portion of the estate upon his father's death (Mishnah Bechoros 46a). For example, if there are two brothers, the money is divided into three, and the Bechor receives two thirds; if there are three brothers, the money is divided into four, and the Bechor receives two quarters.
(b)A Bechor only receives a double portion from the assets that were in the possession of the father at the time of death, as the Pasuk states, "כִּי אֶת הַבְּכֹר בֶּן הַשְּׂנוּאָה יַכִּיר, לָתֶת לוֹ פִּי שְׁנַיִם בְּכֹל אֲשֶׁר יִמָּצֵא לוֹ" "Ki Es ha'Bechor Ben ha'Senu'ah Yakir, Lases Lo Pi Shenayim b'Chol Asher Yimatzei Lo" - "He must recognize the firstborn son of the hated wife to give him a double portion of everything in his possession (lit. that is found with him)" (Devarim 21:17). Assets that will come into the possession of the estate after the father's death are termed "Ra'uy," i.e. "expected [to come into his possession]."
(c)When the Bechor caused the property to produce or increase before it was divided among the brothers, he does not receive a double portion of that produce. Rather, he must pay back the Pashut's (non-Bechor's) share of that produce. However, he may pay back with money, and he does not need to pay it back with land. (Rashi here says that the Bechor must give the Pashut "a fourth" of the produce from his, the Bechor's, share. For example, if the total value of the increase is 12, the law is that they should split that increase equally and each receive 6. The Bechor's portion of the land itself, however, is two-thirds, while that of the Pashut is only one-third. Hence, the increase to the Bechor's portion of land is 8, and the increase to the Pashut's portion is 4. Since the Bechor does not receive a double share of the increase, he must pay 2 out of his 8 (i.e. a fourth) to the Pashut, so that they each receive 6.) (See also Background to Bava Kama 43:3, regarding Yerushas Bechor b'Shevach she'Shibechu Nechasim l'Achar Misas Avihem - A firstborn son does not receive a double portion of the appreciation of property after the father's death.)
22)[line 18]ובעל חובBA'AL CHOV (U'CHESUVAS ISHAH) L'YESOMIM (based on Girsa of the Rishonim and manuscripts)
When a lender collects his debt from the heirs of the borrower, if the heirs worked the land and caused it to produce fruits, the lender (who collects the land with the fruits) must compensate the heirs for that produce. He need not give land, though, but may pay back with money.
23)[line 18]ובעל חוב ללקוחותBA'AL CHOV LI'LEKUCHOS
When a lender is owed money (and has a deed of debt), he may collect his debt from the land that the borrower owned at the time of the loan and that he later sold to buyers. If the buyers worked the land and caused it to produce fruits, the lender (who collects the land with the fruits) must compensate the buyers for that produce. He need not give land, though, but may pay back with money.
24)[line 23]בשבח המגיע לכתפיםB'SHEVACH HA'MAGI'A LA'KESEFAYIM- (a) produce that is fully grown and just about ready to be harvested and carried on the shoulders to the marketplace. However it still needs to grow in the ground a bit more, for if it would truly be fully grown then it would be considered Peiros (from which the lender may not collect), and not Shevach. (RASHI Bava Metzia 15b, ARUCH, TOSFOS Bava Kama 95b DH Shevach and Sotah 25b DH k'Gavuy); (b) produce that was produced by the toil of the shoulders, and did not grow on its own (RABEINU TAM, in TOSFOS Bava Kama 95b DH Shevach and Bava Basra 42b DH Shevach).
25)[line 24]וקא מגבי שמואלKA MAGVI SHMUEL- Shmuel [rules that the lender] collects
26)[line 25]דמסיק ביהMASIK BEI- he holds against him [a debt of money]
27)[line 30]גריוא דארעאGERIVA D'AR'A- a measure of land (lit. the size of a field needed for a Geriva, or Se'ah, of seed (1 Se'ah = approximately 7.2, 8.29 or 14.4 liters, depending upon the differing Halachic opinions))
28)[line 30]דשויא ניהליה אפותיקיSHAVYA NIHALEI APOTIKI - he (the borrower) made it an Apotiki for him (the lender) (APOTIKI)
One may designate one of his possessions or parcels of land as a security for a debt. Although the item does not yet pass into the possession of the creditor, he holds a Shibud (lien) on it such that even if the debtor sells the item or otherwise passes it from his possession, the creditor may claim it in lieu of the debt. Such an item is termed an "Apotiki." This is a contraction for "Apo Tehei Ka'i" - "upon this shall [the debt] stand." The debtor may specify (if the creditor agrees) that the creditor may only collect his debt from the Apotiki. In such a case, if it becomes impossible to collect the debt from the Apotiki, the debtor is no longer liable to the creditor.
29)[line 32]לשבוע אחדSHAVU'A ECHAD- one Shemitah cycle (of seven years)
30)[line 32]השביעיתSHEVI'IS - the seventh year of the Shemitah cycle, during which it is prohibited to work the land
See Background to Bava Metzia 30:36.
31)[line 33]שכיר יום גובה כל הלילהSECHIR YOM GOVEH KOL HA'LAILAH - a day-worker may be paid his wages throughout the entire night (HALANAS SECHAR SACHIR / KOVESH SECHAR SACHIR)
(a)There are two places in the Torah in which an employer is commanded not to withhold the wages of his hired worker. First, the Torah commands, "לֹא תַעֲשֹׁק אֶת רֵעֲךָ וְלֹא תִגְזֹל; לֹא תָלִין פְּעֻלַּת שָׂכִיר אִתְּךָ עַד בֹּקֶר" "Lo Sa'ashok Es Re'acha v'Lo Sigzol; Lo Salin Pe'ulas Sachir Itecha Ad Boker" - "You shall not defraud your neighbor, and you shall not rob him; you shall not leave overnight the wage of a worker with you until the morning" (Vayikra 19:13). The Gemara teaches that this verse refers to a Sechir Yom, a hired day worker. Such a worker comes in from his work at the end of the day, when the night has begun. The employer has all night to pay the worker his wages. If the morning arrives, though, and the employer has not yet paid the worker, then the employer transgresses the Lav of "Lo Salin." The employer also transgresses the additional Lavim mentioned in the verse: "Lo Sa'ashok" and "Lo Sigzol."
(b)Second, the Torah commands, "לֹא תַעֲשׁוֹק שָׂכִיר עָנִי וְאֶבְיוֹן; מֵאַחֶיךָ אוֹ מִגֵּרְךָ אֲשֶׁר בְּאַרְצְךָ בִּשְׁעָרֶיךָ. בְּיוֹמוֹ תִתֵּן שְׂכָרוֹ, וְלֹא תָבוֹא עָלָיו הַשֶּׁמֶשׁ, כִּי עָנִי הוּא וְאֵלָיו הוּא נֹשֵׂא אֶת נַפְשׁוֹ; וְלֹא יִקְרָא עָלֶיךָ אֶל ה' וְהָיָה בְךָ חֵטְא" "Lo Sa'ashok Sachir Ani v'Evyon me'Achecha O mi'Gercha Asher b'Artzecha bi'Sh'arecha. B'Yomo Siten Secharo v'Lo Savo Alav ha'Shemesh, Ki Ani Hu, v'Elav Hu Nosei Es Nafsho; v'Lo Yikra Alecha El HaSh-m, v'Hayah Vecha Chet" - "You shall not defraud the wages of a poor or destitute hired worker; who is your brother or a convert living in your land within your gates. On his day you shall give him his wages, and you shall not let the sun set on him waiting, for he is poor, and on it his life depends; he should not have to cry out against you to HaSh-m and cause you to have a sin" (Devarim 24:14-15). The Gemara teaches that this verse refers to a Sechir Lailah, a hired night worker. Such a worker comes in from his work at the end of the night, when they day has begun. The employer has all day to pay the worker his wages. If the next night arrives (at sunset), and the employer has not yet paid the worker, then the employer transgresses the Lav of "Lo Savo Alav ha'Shemesh." The employer also transgresses the additional Lavim mentioned in the verse of "La Sa'ashok" and "Lo Sigzol" (in Vayikra 19:13).
32)[line 35]שכיר שבתSECHIR SHABBOS- one who is hired for a week
33)[line 38]שכירות אינה משתלמת אלא בסוףSECHIRUS EINAH MISHTALEMES ELA BASOF
The wages of a hired worker, or payment of rent, is not due until the work has been completed, or until the end of the term of rental.
34)[line 40]שאינו עובר אלא עד בקר ראשון בלבדSHE'EINO OVER ELA AD BOKER RISHON BILVAD- the employer transgresses the prohibition of Bal Talin only upon the arrival of the first morning (after the end of the worker's work), but not if he continues to delay the wages for subsequent days
35)[line 41]מכאן ואילך, מאי?MI'KAN VA'ELECH, MAI?- After the first morning has passed (and the prohibition of Bal Talin no longer applies), what liability does the employer have to pay his worker?
36)[line 41]בל תשהאBAL TESHAHEH- the Rabbinical prohibition against delaying the payment of a worker's wages