meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Seder Nezikin/Mishnah Bava Metzia/English/Sefaria Community Translation.txt"}
text: Mishnah Bava Metzia
  משנה בבא מציעא
  Sefaria Community Translation
  
  
  Mishnah Bava Metzia
  
  
  
  
  
  Two are holding a garment. One says, "I found it," and the other says, "I found it." [If] one says, "all of it is mine" and the other says, "all of it is mine." This one shall swear that he owns no less than half of it, and this one shall swear that he owns no less than half of it, and they shall divide it [between them.] [If] one says, "all of it is mine" and the other says "half of it is mine." The one who says "all of it is mine" shall swear that he owns no less than three quarters of it; and the one who says "half of it is mine" shall swear that he owns no less than one quarter of it. He [the former] takes three quarters and he [the latter] takes one quarter.
  Two [men] were riding on an animal, or one was riding and one was leading. One says, "all of it is mine," and the other one says, "all of it is mine." This one shall swear that he owns no less than half of it, and the other one shall swear that he owns no less than half of it, and they will divide it.  In a situation where they agree, or they have witnesses, they divide it without an oath.
  One was riding on an animal and saw an object, and said to his fellow, "give it to me." The [other] took it and said, "I have acquired it," [then] he has acquired it [for himself.] If the [other] gave it to him [the one riding the animal] and then said, "I acquired it [for myself] first," [it is as if] he said nothing.
  If he saw an object and fell on it, and another came and took possession of it, the one who took possession of it acquired it. If he saw them running after an object, or after a deer [with a] broken [leg], or after hatchlings that have not yet flown, and he said, "my field has acquired it for me," [the field] has acquired it for him. If the deer was running normally, or the hatchlings were flying, and he said, "my field has acquired it for me," [it is as if] he said nothing.
  Something found by his minor son or daughter, or something found by his gentile servant or maid-servant, or something found by his wife - these belong to him. Something found by his adult son or daughter, or something found by his Hebrew servant or maid-servant, or something found by his wife whom he divorced, even if he has not yet paid her the value of her <i>ketubah</i> [monetary settlement payable to a married woman upon divorce or the death of her husband], these belong to them.
  If one finds debt documents: if it includes mortgaged property, it should not be returned [to the creditor], for the court may seize the property from them [because of the strength of the document].  However, if there is no mortgaged property mentioned, it may be returned, for the courts will not seize property from them - these are the words of Rabbi Meir.  The Sages say, in either case, it should not be returned, because the court may [nevertheless] seize property from them [because of the strength of the document].
  If one found divorce documents, or a document of manumission of slaves, a [last] will, the deed of a gift, or receipts; one should not return [them to the writer], for I might say, "They were written, and then I changed my mind [and decided] not to give them."
  If one found court-ordered property assessments, allowances [for a widow to sell property] for food, documents of <i>chalitsah</i> [ceremony performed to release a widow of a childless man from the obligation of Levirate marriage] or <i>mi'un</i> [refusal by an orphaned girl, married off while a minor by her mother or brothers, to remain in the marriage; the marriage is ended by her refusal, without a divorce], documents of arbitration, or [documents of] any court action, one should return [these documents].  [However,] if one found them in a packet or a bag, wrapped together or as a bundle of documents, he should return [them]. And how is a bundle of documents [defined]? - three tied together.  Rabbi Shimon ben Gamliel says, if the document records a borrower from three lenders, it should be returned to the borrower; three borrowers from one lender, should be returned to the lender.  If one found a document in his files but doesn't know its history, it should be left until Eliyahu comes [and resolves it].  However, if there are postscripts, one should follow what is in the postscripts.
  
  
  
  Which are the found items that belong to him [the finder], and which ones must he announce? These are the found items which belong to him [the finder]: if one found scattered fruit, scattered money, sheaves in the public domain, fig-cakes, baker's bread, strings of fish, cuts of meat, wool as it is from the country, bundles of flax and purple wool - these are his [the finder's,] these are the words of Rabbi Meir. Rabbi Yehuda says, anything which has on it a change, one must announce. How so? If one found a cake with a clay shard in it, or a sheaf with money within it. Rabbi Shimon ben Elazar says, any merchandise, one does not need to announce.
  And these [objects] one is required to announce: if one found fruit in a vessel or a vessel as is, money in a purse or any purse as is, heaps of fruit or heaps of money, three coins stacked one on top of another, sheaves in private property, or home-baked bread, shearings of wool bought from the artisan, jugs of wine or oil - these one must announce.
  If one found, behind a hedge or a fence, a group of tied-together fledglings, or in the pathways of fields - one should not touch them. If one found a vessel in a trash-heap: if it was covered, one should not touch it, but if it was exposed, one should take and announce [it]. If one found [an object] in a stone-pile or in an old wall, these belong to him [the finder]. If one found [an object] in a new wall: from the middle [of the wall] to the outside, these belong to him [the finder], [but] from the middle [of the wall] to the inside, these belong to the owner of the house. If the house had been rented to others, [then] even something [found] within the house [itself] these belong to him [the finder].
  If one found [an object] in a store, these belong to him [the finder]. Between the counter and the shopkeeper, these belong to the shopkeeper. In front of the money-changer, these belong to him [the finder]. Between the seat and the money-changer, these belong to the money-changer. The one who buys fruits from another or who sent fruit to another, and within them found coins, these belong to him [the finder]. [But] if they were tied [together], one should take [them] and announce [their finding].
  Even a garment is in the same general rule of all of these. Why [did the Torah] specify it? To compare to it, to say to you: just as a garment is special in that it has markings, and [if lost] there are claimants for it, so too anything which has markings and has claimants for it, one must announce [it].
  And until when must one announce [the object]? Until one's neighbors knew of it - these are the words of Rabbi Meir.  Rabbi Yehuda says, the three pilgrimage festivals, and after the last festival, seven days - in order that [someone] will go home - three, and will return - three, and will announce - one day.
  If one described the lost object but not its markings, one should not give [it] to him. And the deceiver, even though he described its markings, one should not give [it] to him, as the Torah states, (Deuteronomy 22:2) "Until your brother sought <i>darash</i> it": Until you investigate <i>tidrosh</i> [whether] your brother is a fraud [or] if he is not a fraud. Anything which does work and eats, one may use it [to do work] and feed it. Something which does not work but does eat, [the finder] must sell it, as the Torah states, (Deuteronomy 22:2) "You shall return it to him": See how you shall return it to him. What should be [done] with the money?  Rabbi Tarfon says, one may use them - therefore, if [the money] was lost, he is responsible for them. Rabbi Akiva says, one may not use them, therefore if [the money] was lost, he is not responsible for them.
  If one found <i>sefarim</i> [books of the Tanach written in holiness, on parchment, and used for personal or public study, or for reading aloud in public. Sometimes the intent is specifically Torah scrolls], one should read from them once every thirty days and if one does not know how to read, he should roll them.  However, one should not learn from them for the first time, nor may one read [from them] with someone else.  If one found clothing, one should shake it once every thirty days, and spread it out [according] to its need, but not to honor himself [by hanging it in his home]. Utensils of silver or bronze, one should use them [according] to their need, but not to wear them out. Utensils of gold or glass one should not touch them until Eliyahu comes. If one found a bag or a box, or anything which is undignified to pick up - one should not pick [it] up.
  What is a lost object? If one found a donkey or a cow grazing along the path, this is not a lost object; a donkey with its gear overturned, a cow running between vineyards, this is a lost object. If [the finder] returned the animal and it ran away, he returned it and it ran away, even four or five times, he is obligated to return it; as the Torah states, (Deuteronomy 22:1) "You shall surely return them." If [the finder's] lost time is worth a sela, he should not say to him [the owner]: "Give me a sela;" but he should give him his wage like an idle laborer. If there is a court there, he may bring it before the court; if there is not a court there before which to bring it, his own [need] takes precedence.
  If one found [an animal] in the stable, he is not obligated with it; [if it is in] the public domain, he is obligated with it. If it was in a cemetery, he may not impurify [himself] for it. If his father said to him 'impurify [yourself]', or 'do not return [a lost object]', he should not listen to him. If [a person] unloaded [an animal] and [the owner] reloaded [the animal], he unloaded and he reloaded, even four or five times, he is obligated [to unload]; as the Torah states, (Exodus 23:5): "You shall surely relieve." If [the owner] went and sat down, and said to the passer-by: 'Since the mitsvah is upon you, if it is your will to unload [the animal], do so,' [the latter] is exempt; as the Torah states, (Exodus 23:5) "With him." If he is old or sick, he is obligated. It is a mitsvah from the Torah to unload [an animal], but not to reload [it]. Rabbi Shimon says: "Even to reload."  Rabbi Yosei the Galilean says: "If [the weight] was more than it was able to carry, it is not necessary for him, as the Torah states, (Exodus 23:5): "Under its burden": a burden that it is able to withstand.
  If his lost object and his father's lost object [are to be attended to], his lost object takes precedence; his own lost object and his teacher's lost object, his own takes precedence; his father's lost object and his teacher's lost object, his teacher's takes precedence, because his father brought him into this world, but his teacher, who taught him wisdom, brings him to live [in] the world to come; if his father is a sage, [the object] of his father takes precedence. If his father and his teacher were carrying a burden, he should relieve his teacher, and afterward relieve his father. If his father and his teacher were in prison, he should redeem his teacher and afterward he should redeem his father; if his father was a sage, he should redeem his father and afterward he should redeem his teacher.
  
  
  
  [If] one deposited [for safekeeping] an animal or vessels with his neighbor and they were stolen or lost, if he paid and did not want to swear [the prescribed oath], because they [the sages] said that an unpaid guardian must swear and be exempt [from liability, and if afterward] the thief is found, he must pay double. [If the thief] butchered or sold the object, he must pay four or fivefold. To whom does he pay? To him who [kept] the deposit with him. [If the guardian] swore the [prescribed oath] and did not want to pay, and [afterward] the thief is found, he must pay double. [If the thief] butchered or sold the object, he must pay four or fivefold. To whom does he pay? To the owner of the deposit.
  If one rented a cow from his neighbor, and loans it to another, and the cow dies naturally; the one who rented [the cow] should swear that it died naturally, and the borrower should pay the renter. Rabbi Yosei said: How shall he do business with his neighbor's cow? Rather, the cow [or its value] must be returned to the owners.
  If one said to two [persons]: "I have robbed one of you of a <i>maneh</i>, but I do not know from which of you;" or [said]: "The father of one of you deposited a <i>maneh</i> with me, but I do not know which," he must give a <i>maneh</i> to one and a <i>maneh</i> to the other, because he himself admitted it.
  If two [people] deposited money with one, one has deposited a <i>maneh</i> and the other two hundred <i>zuz</i>, [and afterwards] one says: "The two hundred <i>zuz</i> are mine," and the other one says: "The two hundred <i>zuz</i> are mine," [the guardian] shall give a <i>maneh</i> to one and a <i>maneh</i> to the other, and the balance shall be put aside until Eliyahu comes. Rabbi Yosei said: If so, what did the deceiver lose? Rather, everything shall be put aside until Eliyahu comes.
  This [is the same in a case of] two vessels, the value of one is a <i>maneh</i>, and the value of the other is a thousand <i>zuz</i>. One says: "The [more] valuable is mine," and the other one says: "The [more] valuable is mine." He shall give the small [vessel] to one of them, and from the large [vessel], he shall give the value of the small [vessel] to the other, and the balance shall be put aside until Eliyahu comes. Rabbi Yosei said: "If so, what did the deceiver lose? Rather, everything shall be put aside until Eliyahu comes.
  The one who deposits fruit with his neighbor, even if they are destroyed, the guardian must not touch them. Rabban Shimon ben Gamaliel says: He should sell them under the supervision of the court because it is like one who restores a lost object to its owners.
  The one who deposits fruit with his neighbor, he may deduct losses as follows: for wheat and rice, nine half-<i>kabim</i> to one <i>kor</i>; for barley and millet, nine-<i>kabim</i> to one <i>kor</i>; and for spelt and linseed, three <i>se'im</i> to one <i>kor</i>. Everything is according to the measure, [and] everything is according to the [length] of time. Rabbi Yochanan ben Nuri said: What do the mice care? Don't they eat [the same amount] whether from a lot or a little? Rather, he may only deduct a decrease of only one <i>kor</i>. Rabbi Yehuda says: If there was a large quantity, he may not deduct decreases, because [some] is left behind.
  [The guardian] may deduct one-sixth for wine; Rabbi Yehuda says: "One-fifth only." One may deduct three <i>logim</i> of oil from one hundred [<i>logim</i>]: a <i>log</i> and one-half for yeast, and a <i>log</i> and one-half [for the] absorption. If it was purified oil [stored], one cannot deduct [any] yeast; if the vessels were old, he cannot deduct [for] absorption. Rabbi Yehuda says: Even if the one who sells purified oil to his neighbor all the days of the year. [The purchaser] accepts a [loss of] <i>log</i> and one-half of yeast from one hundred [<i>logim</i> of oil.]
  The one deposits a cask with his neighbor, and the owners do not assign a place [for it] and he moved it and it broke. If it was broken [while] it was in his hand [and it was] for his own need, he is liable; but [if it was] for the need of [the cask], he is exempt. If it broke, from when he placed it, either for his own need or for its need, he is exempt. [If] the owners assigned a place [for it] and he moved it and it broke, whether [it was] in his hand or from when he placed it, [if the move] was for his own need, he is liable, if it was for its need, he is exempt.
  The one who deposited coins with his neighbor, and he tied them up [in a package] and carried it over his shoulder, or he entrusts them to his minor son or daughter, and locked it up before them [in a way] that was not satisfactory, he is liable, because he did not guard [them] in the manner of guardians, [however] if he did guard [them] in the manner of guardians, he is exempt.
  [If] one deposited coins with a money-changer, if they were tied up, he may not use them, therefore if they were lost, he is not responsible for them; if they were loose, he may use them, therefore if they were lost, he is responsible for them. [If they were deposited] with a private person, he may not use them whether tied up or loose, therefore if they were lost, he is not responsible for them. A storekeeper is like a private person; these are the words of Rabbi Meir. Rabbi Yehuda says: A storekeeper is like a money-changer.
  The one who misuses the deposited [money], Beit Shammai says: He should be lashed for [any] loss and [any] increase;  Beit Hillel says: [He must pay the value from] the time it was taken. Rabbi Akiva says: [He must pay the value from] the time it was demanded. The one who considers misusing the deposit, the Beit Shamai says: He is liable; and the Beit Hillel says: He is not liable until he misuses it; as the Torah states, (Exodus 22:10): "that he has not stretched forth his hand against the property belonging to his neighbor"; How? If he bent down the cask, and took a quarter [of a <i>log</i>] from it, and it was broken, he must pay only for the quarter; if he lifted up the cask and took a quarter from it, and it was broken, he must pay the entire value [of the cask].
  
  
  
  Gold acquires silver, but silver does not acquire gold. Copper acquires silver, but silver does not acquire copper. Defective coins acquire current ones, but current ones do not acquire defective. Uncoined metal acquires the coin; the coin does not acquire uncoined metal. Movable properties acquire the coin; the coin does not acquire movable properties. This is the general rule: All movable properties acquire each other.
  How so? If he took produce from him but did not give him coins, he cannot retract. If he gave him money but did not take produce from him, he can retract. But they said: He who exacted payment from the Generation of the Flood and the Generation of the Dispersion will ultimately exact payment from he who does not stand by his word. Rabbi Shimon said: Whoever is holding the money has the upper hand.
  Fraud is [at least] four silver from twenty four silver [which constitute a] <i> sela</i>, [equaling] one-sixth of the sale price. Until when is it permitted to retract? Up to the time it takes to show it to a merchant or to one's relative. Rabbi Tarfon taught in Lod: Fraud is eight silver per <i> sela</i>, [which is] one-third of the sale price, and the merchants of Lod were happy. He said to them, "It is permitted to retract the entire day." They said to him, "Let Rabbi Tarfon leave us in our place," and they resorted to the words of the Sages.
  Both the purchaser and the seller have [the capacity to claim] fraud. Just as fraud applies to an ordinary person, so too fraud applies to a merchant. R. Yehudah says: Fraud does not apply to a merchant. The one who was defrauded - he has the upper hand. If he wants, he may say to him, "Give me my money," or "Give me the amount you defrauded me." 
  How much can the <i>sela</i> lack [in weight] and it not be considered fraud? R. Meir says: Four <i>issarin</i> [at] one <i>issar</i> per <i>dinar</i>. R. Yehudah says: Four <i>pundionot</i>, [at] one <i>pundion</i> per <i>dinar</i>. R. Shimon says: Eight <i>pundionot</i>, [at] two <i>pundionot</i> per <i>dinar</i>.
  Until when is it permitted to retract [when the coin is lacking weight]? In cities, until it can be shown to a money-changer. And in villages: until the eves of the Sabbaths. If [the one who originally gave the coin] recognizes [the underweight coin], even after twelve months he should accept it from him. But [if he refuses to do so, the one who received the coin] only has a [legally unenforceable] complaint against him. And one may use it for <i>ma'aser sheni</i> without concern, for [one who refuses to receive it] is nothing but a bad person.
  Fraud is four silver, and a claim [must be at least] two silver, the affirmation of which [must be worth at least] the value of a <i>perutah</i>. There are five [legally operative ] <i>perutot </i>: The affirmation that it is the value of a <i>perutah</i>; and a woman is betrothed with the value of a <i>perutah</i>; and one who gets enjoyment worth the value of a <i>perutah</i> from sanctified property has misused consecrated property; and one who finds [something] worth a <i>perutah</i> is obligated to announce; and one who steals from his fellow [something] worth a <i>perutah</i> and swears about it - they pursue him, even as far as Media.
  There are five [situations calling for a] one-fifth [penalty]: One who eats <i>terumah,</i>, <i>terumat ma'aser</i>, <i>terumat ma'aser</i> that may not have been tithed, <i>challah</i>, or first fruits, adds one-fifth. And one who redeems [the fruit of] his fourth-year planting or his <i>ma'aser sheni</i> adds a fifth. And one who redeems property that he has sanctified [to the Temple] adds one-fifth. And one who gets enjoyment worth the value of a <i>perutah</i> from sanctified property adds one-fifth. And one who steals [something] from his fellow worth the value of a <i>perutah</i> and [falsely] swears to him adds one-fifth.
  These are the things to which fraud does not apply: Slaves, contracts, land, and property sanctified [to the Temple]. They are not subject to a double penalty nor a penalty of fourfold or fivefold. An unpaid guardian does not swear [concerning them], and a paid guardian does not pay [concerning them]. R. Shimon says: For [animals designated for] sacrifices that one is obligated to fulfill, one can [claim] fraud, but concerning those that one is not obligated to fulfill, one cannot [claim] fraud. Rabbi Yehudah says: Fraud does not apply to one who sells a Torah scroll, an animal, or a jewel. They said to him: They said only these [that are listed at the beginning of the Mishnah]!
  Just as there is fraud regarding commerce, so too there is fraud regarding words. One should not say to [a merchant], "How much is this object?" if he does not want to buy. If someone was a penitent, one should not say to him, "Remember your former actions." If someone is the child of converts, one should not say to him: "Remember the deeds of your ancestors." As is written (Exodus 22:20): "You shall neither deceive a stranger, nor oppress him."
  Fruit [of one field] may not be mixed together with fruit [of another], even newly-harvested with newly-harvested, and needless to say newly-harvested with old. However, with regard to wine, they permitted to mix “hard” wine with “soft,” since this improves it. Yeast of one wine may not be mixed with that of another, but [the seller] may give the yeast [along with the wine].  One who mixed water with his wine may not sell it in a store unless he informs [the buyer], and not to a merchant even if he does inform him, for it will only [be used] for deception. In a place where they are accustomed to put water in wine, they may do so.
  A merchant may acquire [grain] from five threshing floors and put the produce into one store-room, or from five wine-presses and put them into one cask, as long as he does not intend to mix [good with bad]. Rabbi Yehudah says: A storekeeper should not distribute parched grain or nuts to children, because he is accustoming them to come to him - but the Sages permit [this]. And he may not undercut the market price, but the Sages say: [let him be] remembered for good. One may not sift crushed beans - these are the words of Abba Shaul. But the Sages permit, though they agree that he should not sift [them only] at the opening of the store-room, since he would be creating an illusion. He should not beautify [his wares], neither humans, nor an animal, nor vessels.
  
  
  
  Which act is usury and which act is profiteering? Which act is usury? The one who lends a <i>sela</i> for five <i>dinarin</i>, or two <i>se'im</i> of wheat for three, that transaction is forbidden because [the interest] bites. And what is profiteering? One who increases [his profit] with produce. How so? One bought wheat from him at a golden <i>dinar</i> for a <i>kor</i> [when] such was the market price, and then wheat rose to thirty [silver] <i>dinarin</i>. [If] he said to him, “Give me my wheat since I want to sell them and buy wine with them” and [the other] said to him, “Let your wheat be reckoned with me at thirty <i>dinarin</i> and you now have a claim on me for wine," although he [the creditor] has no wine. 
  [If] one lends [money] to his fellow, he may not dwell in his courtyard for free or rent it from him at a reduced [rate], since this is usury. One may increase the rent but may not increase the purchase price. How so? If he rented him his courtyard, and said to him, "If you pay me now [the cost] is ten <i>sela'im</i> per year, but if on a monthly basis, the rent is one <i>sela</i> per month," [this] is permitted. If he sold him his field and said to him, “If you pay me now, it is yours for one thousand <i>zuz</i>, but if [at the time of] threshing it will be twelve <i>maneh</i>," [this] is forbidden.   
  If he sold him the field, and [the buyer] gave him a fraction of the cost, and [the seller] said to him, “Whenever you want, bring the [rest of] the money, and then take what is yours," [this] is forbidden. If he lent against [the borrower's] field and said to him, “If you do not pay me within three years, it will be mine," then it becomes his. This is what Baytos the son of Zonin used to by the Sages' word. 
  One may not set up a shopkeeper [to sell one's goods and receive] half the profit, nor give him money to buy produce [to sell and receive] half the profit, unless he pays him his wage as a laborer. One may not offer his hens [to brood] for half [the profit], nor offer calves or foals [to be raised] for half [the profit], unless he pays him a wage for his labor and his food. But one may accept calves and foals for half [the proceeds], and rear them until they reach a third [of their growth], and a donkey, until it can carry [a burden.]
  One may evaluate a cow or a donkey or anything that does work [enough to pay for what it] eats, and split [the profit]. In a place where they are accustomed to divide the offspring immediately, they divide; and in a place where they are accustomed to rear them, they must rear [them]. Rabban Shimon ben Gamliel says:  One may evaluate a calf along with its mother, and a foal with its mother. One may offer increased [rent] on his field [in exchange for a loan from the landowner to improve the property] and not be concerned that this is usury. 
  One may not [take on raising] sheep [that remain financially secure to their owner like] iron from a Jew, since this is usury. But one may [take on raising] sheep [that remain financially secure to their owner like] iron from non-Jews, and one may borrow from them, and one may lend them money with usury; and so too with a resident alien. A Jew may lend the money [that he borrowed from] a non-Jew with the consent of the non-Jew, but not so with the consent of a Jew.
  One may not set a price for [a future shipment of] produce until its market-price has been set. Once the market-price has been set, one may make an agreement, for even if [the fruit seller] does not have [the produce], someone else will have it. If [the fruit seller] was the first to harvest, he may set any price with him over a heap of unrefined grain, or [for wine] over a basket of grapes, or [for oil] over a vat of olives, or [for pots] over the [clay] balls of the potter, or over lime from when [the limestone] is submerged in the kiln. One may set a price with him for [a pending shipment of] manure all the days of the year. Rabbi Yose says: One may not set a price over manure until [the seller] has manure in the dungheap, but the Sages permit [it]. And one may set a price [variable] up to the cheapest [possible] rate. Rabbi Yehudah says: Even though he did not set the price with him at the cheapest rate, he is able to say, “Give [it] to me at this [price] or give me back my money.”
  One may lend his tenant-farmers wheat [in exchange] for wheat, for sowing but not for food, for Rabban Gamaliel used to lend his tenant-farmers wheat [in exchange] for wheat for sowing. If [it was] expensive and became cheap, or if it was cheap and became expensive, he would take from them at the cheaper rate [of the two], and not because this was the law, but because he wanted to hold himself to a stricter standard.
  One should not say to his fellow, “Lend me a <i>kor</i> of wheat and I will repay you at the threshing time." But he may say to him, “Lend [it] to me until my son comes,” or “[Lend it to me] until I find my key." But Hillel forbids. And Hillel would say thus: A woman may not lend a loaf to her friend until she sets a price for it, lest wheat become more expensive [in the interim], and it turns out they have come to [transgress] usury.
  One may say to his fellow, “Weed with me and I will weed with you,” [or] “Hoe with and I will hoe with you.” But one may not say to him, “Weed with me and I will hoe with you,” or, “Hoe with me and I will weed with you." All days of the dry season are the same [in value], and all days of the rainy season are the same [in value]. He shall not say to [his fellow], “Plow with me in the dry season and I will plow with you in the rainy season.” Rabban Gamaliel says: There is advance interest and subsequent interest. How so? If he set his sights on borrowing from another and sent him [a gift] and says, “This is in order that you will lend to me,” this is advance interest. If one borrowed from another and repaid it to him, and then sent him [a gift] and said, “This is for your money that was value-less [while] it was with me,” this is subsequent interest. Rabbi Shimon says: There is interest of words: one may not say to him, “Know that such-and-such a person has arrived from such-and-such place.”
  And these are the people who transgress a negative commandment: the lender, the borrower, the guarantor, and the witnesses. And the Sages say: even the scribe. They transgress within the category of (Leviticus 25:37) “Do not give," and the category of (Leviticus 25:36) “Do not take from him,” and the category of (Exodus 22:24) “You shall not be to him as a creditor," and the category of “Nor shall you place upon him usury,” (ibid.) and the category of (Leviticus 19:14) “You shall not put a stumbling block before the blind, and you will fear your God, I am Hashem."
  
  
  
  One who hires [a craftsman to hire other] craftsmen and one intentionally misled the other, the one has no [claim] against the other aside from a [legally unenforceable] complaint. If one hired a donkey-driver and a wagon-driver to bring litter-bearers, or flute-players for a bride or for the dead, or laborers to take his flax out of the soaking pit, or anything whose time would pass, and they retracted: if it is a situation in which there is no one else, he may hire others or he may intentionally mislead them.
  [If] one hires craftsmen and they retracted, they have the lower hand. If the employer retracted, he has the lower hand. Whoever changes [the conditions] has the lower hand. And whoever retracts has the lower hand.
  One who hires a donkey to drive it on the mountain but drove it through the valley, or to drive it through the valley and he drove it on the mountain: even though one was ten miles and the other was ten miles, if it died, he is liable. One who hires a donkey and it went blind or was conscripted: [the owner] may say to him, “Behold, what is yours is before you." [But] if it died or [its leg was] broken, he is obligated to provide him a donkey. One who hires a donkey to drive it on the mountain and he drove it through a valley: if it slipped, [the renter] is exempt, but if it overheated, he is liable. If he rented it to drive through a valley and he drove it on the mountain: if it slipped, he is liable. And if it overheated, he is exempt. But if [it overheated] due to the ascent, he is liable.
  [If] one hires a cow to plow on the mountain and he plows in the valley: if the plow breaks, he is exempt. In the valley and he plows on the mountain: if the plow breaks, he is liable. To thresh beans and he threshed grain, he is exempt. To thresh grain and he threshed beans, he is liable, because beans are slippery.
  The one who hires a donkey to bring wheat and he brought barley on it, is liable. Grain, and he brought straw on it, he is liable, since the bulk is difficult to carry. A <i>letekh</i> of wheat, and it carried a <i>letekh</i> of barley, he is exempt. But if he increased the load, he is liable. How much must he increase the weight in order to become liable? Sumkhos says in the name of Rabbi Meir: One <i>se'ah</i> for a camel, and three <i>kabin</i> for a donkey.
  All craftsmen are considered paid guardians [concerning objects others have given them to work on]. But any that have said, “Take what is yours and bring the money,” are considered as unpaid guardians. “Guard for me and I will guard for you"  - he is a paid guardian. “Guard for me,” and the other said, “Place it before me” - he is an unpaid guardian.
  If he loaned him with a pledge, he is a paid guardian [of the pledge]. Rabbi Yehudah says: If he loaned him money, he is an unpaid guardian, [but] if he loaned him produce, he is a paid guardian. Abba Shaul says: It is permitted for a person to rent out the pledge of a poor person in order to thereby reduce the debt, for he is like one who returns lost property.
  [If] one was moving a barrel from place to place and broke it, whether he is a paid guardian or an unpaid guardian, he may swear. Rabbi Eliezer says: Either of them [is permitted to] swear, but I am surprised if either of them would be able to swear.
  
  
  
  [If] one hires laborers, and then told them to begin work early and work late: in a place where they are accustomed to not begin work early and work late, he is not permitted to force them. In a place where they are accustomed to feed [workers], he should feed [them]; to provide sweets, he must  supply. Everything goes according to local custom. It once happened that Rabbi Yochanan ben Matya said to his son, "Go out and hire laborers for us ." He went and committed to providing them with food.  And when he came to his father, he said to him, "My son, even if you made for them a meal as [befitting] Solomon in his time, you would not have fulfilled your obligation toward them, for they are children of Avraham, Yitzhak, and Ya'akov. Rather, before they begin labor, go and say to them, '… on the condition that the only [claim] you have on me is for bread and beans.'” Rabban Shimon ben Gamliel says: It is not necessary to say so, [since] everything goes according to local custom.
  And these may eat, according to the Torah: The one who works with what is attached to the ground when the labor finished; and with what is detached from the ground [even] before its work is completed – if it is something that grows from the ground.  And these do not eat: the one who works with what is attached to the ground at a time when the labor is not finished, and [works with] what is detached from the ground after its labor has been finished, and [one who works with] something that does not grow from the ground.
  If one was working with his hands but not with his feet, [or] with his feet but not with his hands, or even with [only] his shoulders, this one may eat. Rabbi Yose bar Yehudah says: [he may not eat] unless he works with his hands and his feet.
  If one was working with figs, he may not eat grapes; if with grapes, he may not eat figs; but he may restrain himself until he reaches the location of the best produce, and then eat. Concerning all of them, they only permitted so during the time of his labor. Because it is tantamount to returning lost property to its owner, they said: laborers may eat as they go from furrow to furrow, or as they return from the winepress, and a donkey while it is unloading.
  A laborer may eat cucumbers even up to [the value] of a <i>dinar</i>, and dates even up to [the value] of a <i>dinar</i>. Rabbi Elazar ben Khisma says: A laborer may not eat more than the value of his wage. The Sages permit it, but [we] teach a person not be gluttonous, [for he would] thus be closing the door upon himself.
  A person may stipulate for himself, and for his son or daughter who are adults, and for his adult male slave or adult female slave, and for his wife, because these have comprehension. But he may not stipulate for his son and daughter who are minors, or for his minor male slave or minor female slave or for his cattle, because these do not have comprehension.
  The one who hires laborers to work among his fourth-year plantings, they may not eat from them. If he had not informed them, he should redeem and then let them eat. If his fig-cakes were split or his jugs were opened, they may not eat from them. If he had not informed them, he should tithe and then let them eat.
  Those who guard produce may eat according to civic law but not according to the Torah. There are four types of guardians: an unpaid guardian, a borrower, one who collects a wage, and a renter. An unpaid guardian may swear in every case; and the borrower should pay restitution in every case; and one who collects a wage or a renter must swear concerning an injured [animal], concerning one that has been carried off, or concerning a dead [animal], and must pay restitution for loss or theft.
  One wolf does not constitute an unavoidable occurrence. Two wolves do constitute an unavoidable occurrence. Rabbi Yehudah says: In a time when wolves are rampant, even if it is one wolf, it is an unavoidable occurrence. Two dogs do not constitute an unavoidable occurrence. Yadu'a the Babylonian says in the name of Rabbi Meir: From one direction they do not constitute an unavoidable occurrence, but from two directions they constitute an unavoidable occurrence. An [encounter with] bandits constitutes an unavoidable occurrence. A lion or a bear or a leopard or a panther or a serpent constitute an unavoidable occurrence. When? When they come of their own accord. But if he took them to a place of hordes of wild animals or bandits, they do not constitute an unavoidable occurrence.
  If it died a natural death, this constitutes an unavoidable occurrence, but if he afflicted it and it died, it does not constitute an unavoidable occurrence. If it went up to the top of the cliffs and fell, this constitutes an unavoidable occurrence. If he brought it up to the top of the cliffs and it fell and died, it is not an unavoidable occurrence. An unpaid guardian may stipulate to be exempt from taking an oath, and a borrower to be exempt from paying restitution, and a paid guardian and a renter to be exempt from taking an oath or from paying restitution.
  Anyone who stipulates concerning what is written in the Torah, his stipulation is void. And any condition that is preceded by action, his stipulation is void. And any stipulation that it would have been possible for him to fulfill at the end, but he stipulates it from its beginning, his stipulation is valid.
  
  
  
  [If] one borrows a cow and borrows the owners with it; or hires its owners with it; [or if] one borrowed the owners or hired them, and subsequently borrowed the cow, and it died, he is exempt, as is written (Exodus 22:14): “If its owner was with it no restitution need be made." But if he borrowed the cow, and subsequently borrowed the owners or hired them, and it died, he is liable, as is written (Exodus 22:13): “Its owner not being with it, he must make restitution."
  If one who borrowed a cow borrowed it for half a day and rented it for half a day, or borrowed it for one day and hired it for the next, or hired one and borrowed one, and it died, [if] the lender says: “The borrowed one died,” [or] “On the day when it was borrowed it died,” [or] “During the time when it was borrowed it died,” and the other one says: “I don’t know," he is liable. [If] the hirer says, “It was the hired one that died,” [or] “On the day when it was hired it died,” [or] “During the time when it was borrowed it died,” and the other says, “I do not know," he is exempt. [If] this one says, “It was [the] borrowed [one],” and this one says, “It was [the] hired [one],” the hirer should swear that it was the hired one that died. [If] this one says, “I do not know,” and this one says, “I do not know,” they should divide.
  [If] one borrowed a cow, and [the lender] sent it to him in the hands of his son, in the hands of his [own] slave, in the hands of his [own] agent, or in the hands of [the borrower's] son, in the hands of his slave, in the hands of an agent, and it died, he is exempt. If the borrower said to him, “Send it to me in the hands of my son,” “In the hands of my slave,” “In the hands of my agent,” or “In the hands of your son,” “In the hands of your slave,” [or] “In the hands of your agent," or if the lender said to him, “Behold, I am sending it to you in the hands of my son,” “In the hands of my slave,” [or] “In the hands of my agent,” or “In the hands of your son,” “In the hands of your slave,” “In the hands of your agent,” and the borrower said to him, “Send [it],” and he sent it and it died, he is liable. And so too at the time when he returns it.
  [If] one exchanged a cow for a donkey, and it gave birth, and so too [if] one sold his female slave and she gave birth: this one says, “[It was] before I sold [her],” and this one says, “After I bought [her]," they should divide. He had two slaves, one large and one small, and so too with two fields, one large and one small: The buyer says, “I bought the large one,” and the other says, “I don’t know,” he obtains the large one. The seller says, “I sold the small one,” and the other says, “I do not know,” he [can] only [claim] the small one. This one says, “It was the large one,” and the other one says, “It was the small one,” the seller must swear that he sold the small one. This one says, “I do not know,” and the other one says, “I do not know,” they should divide.
  The one who sells his olive trees for wood, and they produced less than a <i>revi'it</i> [quarter-<i>log</i>] per <i>se'ah</i>, these belong to the owner of the olives. If they gave a <i>revi'it</i> per <i>se'ah</i>: This one says, “My olives produced it," and this one says, “My land produced it," they should divide. If the river flooded his olives and placed them within the field of his fellow: This one says, “My olives produced it," and the other says, “My land produced it," they should divide. 
  [If] one leased a house to his fellow in the rainy season, he cannot evict him from Sukkot until Pesach. In the summer, thirty days [before Sukkot].   And in large cities, whether during the rainy season or the summer, twelve months. And concerning stores, whether in towns or large cities, twelve months. Rabban Shimon ben Gamliel says: Stores of bakers or dyers, three years. 
  [If] one leased a house to his fellow: the leaser is obligated [to provide] a door, a bolt, a lock, and anything which is the work of a craftsman. But as for anything which is not the work of a craftsman, the tenant must make it. The manure belongs to the owner of the house, and the tenant only [may only claim] what comes out from the oven and from the stove. 
  [If] one leased a house to his fellow for a year, and the year was intercalated, the added [month] is for the tenant. If he leased it to him by month, and the year was intercalated, the added [month] is for the owner. It happened in Tzippori, that a person leased a bath-house from his fellow at twelve golden <i>dinarin</i> a year, a <i>dinar</i> per month, and the case came before Rabban Shimon ben Gamliel and before Rabbi Yose, and they said: They should divide the intercalated month. 
  [If] one leased a house to his fellow and it fell, he is obligated to restore a house for him. If it was small, he may not make it large; if it was large, he may not make it small. If it was a single unit, he may not make it two; if it was two he may not make it one. He may not reduce the windows nor increase them, without their mutual consent.
  
  
  
  [If] one received a field from his fellow: In a place that was accustomed to cut [the crops], he should cut them; to uproot, he should uproot; to plow after it, he should plow - everything according to the local custom. Just as they divide the grain, so too they shall divide the straw and the stubble; just as they divide the wine, so too they shall divide the branches and the reeds. And both of them shall supply the reeds. 
  [If] one received a field from his fellow and it was an irrigated field or a field with trees, and the spring dried up or the trees were cut down, he may not deduct from his lease. If he said to him, “Lease me this irrigated field," or "[Lease me] this field with trees," and the spring dried up or the trees were cut down, he may deduct from his lease.
  [If] one received a field from his fellow and left it uncultivated, they evaluate how much it is fit to have yielded, and he pays him accordingly, for thus he writes to him: “If I leave it uncultivated, and do not work it, I will pay accordingly."
  [If] one received a field from his fellow and he did not want to weed [it], and he said to him, “What does it matter to you, since I am paying you the lease?” they do not listen to him, because he can say to him, “Tomorrow you will leave it, and it will bring forth weeds fore me.”
  [If] one received a field from his fellow and it did not [substantially] yield, if there was enough to make a heap, he is obligated to care for it. Rabbi Yehudah said: What is the limit of a heap? Rather, if there is enough to replace [the seed] that fell [into it].” 
  [If] one received a field from his fellow and locusts ate it, or it was wind-struck, if it was a regional plague, he may subtract [accordingly] from his contract. If it was not a regional plague, he may not subtract from his contract. Rabbi Yehudah says: If he received it from him in exchange for money, in neither case may he subtract from him from his contract. 
  [If] one received a field from his fellow in return for ten <i>korim</i> [volume measure, equals 30 <i>se’ah</i>] of wheat per year and it was wind-struck, he [still] pays him from [that field]. If the wheat was good, he may not say to him, “I will buy from the market." Rather he pays him from it. 
  [If] one received a field from his fellow to sow barley, he may not sow wheat in it; [to sow] wheat, he may sow barley. Rabban Shimon ben Gamliel forbids. [To sow] grain, he may not sow beans; [to sow] beans, he may sow grain. Rabban Shimon ben Gamliel forbids. 
  [If] one received a field from his fellow for a few years, he may not sow flax, and he does not have [a right to] sycamore beams. If he received  it from him for for seven years, he may sow flax the first year, and he has [a right to] sycamore beams. 
  [If] one received a field from his fellow for a seven year period for seven hundred <i>zuz</i>, the sabbatical year is included in the count. If he received it for seven years for seven hundred <i>zuz</i>, the sabbatical year is not included in the count. 
  One hired for day-work can collect [wages] all [the next] night. One hired for night-work can collect all [the next] day. One hired for hourly work can collect all [that night] and all the [next] day. One hired for a week, hired for a month, hired by year, [or] hired for a seven year period: if he departed by day, he can collect [his wages] all that day; if he completed [it] by night, he can collect all that night and all day.
  Whether [we are referring to] the hire of a person, the rental of a beast, or the rental of utensils, it is addressed by [the verse] (Deuteronomy 24:15): “On the same day you shall give him his hire," and it is addressed by [the verse]  (Leviticus 19:13): “The wages of a hired servant shall not stay with you all night until the morning.” When is this [true]? In the event that he demanded it. If he did not demand it, [the renter] does not transgress it. If he directed him to a shopkeeper or to a moneychanger, he does not transgress it. The hired worker, at the time [when he could collect], may swear and receive [payment]. But if the time passed, he cannot swear and receive. If there are witnesses that he demanded it from him, behold, he can swear and receive. A resident alien is covered by, “In the same day you shall give him his hire,” but is not covered by, “The wages of a hired servant shall not stay with you all night until the morning.”
  [If] one lends to his fellow, he may not extract a pledge except through the court, and he may not enter his house to take the pledge, as is written (Deuteronomy 24:11): “You shall stand outside." If he had two vessels [as a pledge], he may take one and leave one, and he may return the pillow at night and the plow during the day. And if [the borrower] died, he may not return it to his heirs. Rabban Shimon ben Gamliel says: Even to [the borrower] himself he [is only required to] return it up to thirty days, and after thirty days, he may sell them through the court. From a widow, whether she be poor or she be rich, one may not extracts written (Deuteronomy 24:17): “Do not take a widow’s garment as a pledge." One who takes millstones as a pledge transgresses a negative commandment, and he is liable for two vessels, as is written (Deuteronomy 24:6): “Do not take a mill or an upper millstone as a pledge." And they did not refer only to a mill and an upper millstone, but anything that is used to make food, as is written (ibid.): “For he is taking someone’s life as a pledge."
  
  
  
  A house and upper story belonging to two [separate] individuals that collapsed, the two of them divide the wood, stones, and mortar. And they look [at] which stones were likely to be broken. If one of them recognized some of his stones, he may take them and they are counted toward his portion.
  A house and upper story belonging to two [separate] individuals: [if the floor of] the upper story deteriorated, and the landlord does not wish to fix [it], the owner of the upper story goes down and lives below until he fixes the upper story for him. Rabbi Yose says: The one who is below gives the ceiling, and the upper one [gives] the pavement.
  A house and upper story belongs to two [separate] individuals, and both collapsed: if the owner of the upper story told the landlord to build [the lower level], and he did not want to build, the owner of the upper story builds the house and lives within it, until he pays him his expenses. Rabbi Yehudah says: then this one was living in [the property] belonging to his fellow, [and] he needs to pay him rent! Rather, if the owner of the upper story builds the house, the upper story, and the ceiling, he may dwell in the house until he pays him his expenses.
  And this is also the case with the house of an olive-press, which is built into the rock and there is a single garden above it and it collapses: the owner of the garden goes down and sows below, until [the owner of the olive-press] makes the arches of his olive-press. [If] a wall or a tree fell into the public domain and caused damage, he is exempt from paying. If they had given him a set amount of time to trim the tree or to tear down the wall, and they fell within the time, he is exempt. After that time, he is liable.
  [If] one's wall was adjacent to his fellow's garden and it fell, and he said to him, "Remove your stones," and he said to him: "They have come to you," they do not listen to him. [If], once he has accepted it upon himself, he said to him: "Here are your expenditures, and I will take what is mine," they do not listen to him. [If] one hires a worker to work with him on straw or stubble, and he said to him, "Pay me my wages," and he said to him: "Take what you made as your wage," they do not listen to him. [If,] once he has accepted it upon himself, he said to him, "Here are your wages and I will take what is mine," they do not listen to him. [If] one removes his manure into the public domain, the one who removes it [from there] has removed [it], and one who has spread out the manure has spread it out. Clay may not be soaked in the public domain, nor may bricks be baked. But clay may be kneaded in the public domain, though bricks may not. [If] one builds from the public domain, the one who brings stones may bring, and the one who builds may build, and if he caused damage, he pays what he damaged. Rabban Shimon ben Gamliel says: He may even prepare his labor there thirty days before.
  Two gardens are one on top of the other, with vegetables [growing] between them. Rabbi Meir says they pertain to the upper, and Rabbi Yehudah says they pertain to the lower owner. Rabbi Meir said, "If the [owner of] the upper would want to take his soil, there would not be vegetables there." Rabbi Yehudah said, "If the [owner of] the lower would want to fill his garden, there would be no vegetables there." Rabbi Meir said: "Since each of them is able to hold the other one back, we identify from where the vegetable is sustained from." Rabbi Shimon said: "Anything that the [owner of] the upper is able to reach out his hand and take, this is his, and the remainder belongs to [owner of] the lower."