POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Metzia 76
BAVA METZIA 76-79 - Ari Kornfeld has generously sponsored the
Dafyomi publications for these Dafim for the benefit of Klal
***** PEREK HA'SOCHER ES HA'UMENIM *****
1) WORKERS THAT WERE DECEIVED
(a) (Mishnah): Reuven hired workers; they tricked each other
- they are only entitled to complaints;
2) DO PEOPLE RELY ON AN AGENT?
(b) Reuven hired a donkey-driver or wagon-driver to bring
wood (for a canopy) or flutes for a wedding or funeral,
or workers to take his flax from the water it was soaking
in, or anything which entails a loss (if not done
immediately), and they retracted:
1. If there are no other workers there (to do the job
for the proper wage), he hires others for more (and
those who retracted must pay the excess), or tricks
the retractors into working.
(c) Reuven hired workers and they retracted - they have the
lower hand; if Reuven retracts, he has the lower hand.
(d) Anyone who deviates or retracts, he has the lower hand.
(e) (Gemara) Opinion #1: The first clause does not say that
they retracted, rather, they (the workers) tricked each
(f) Question: What is the case?
(g) Reuven told Shimon (an agent) to hire workers, and he
(h) Question: What is the case?
1. If Reuven offered four (Zuz per day), and Shimon
told them three - why do they have complaints, they
accepted to work for three!
(i) Answer #1: Reuven offered three, and Shimon told them
1. Question: What is the case?
(j) Answer #2: Really Reuven offered four, and Shimon told
i. If Shimon promised to pay them himself - he
must give them (the extra Zuz)!
2. Answer: The case is, Shimon said that Reuven will
ii. (Beraisa): Levi hired David to work for
himself, and set him to work on what is really
Yehudah's property - Levi pays David, and can
demand that Yehudah pay him the benefit he
3. Question: We should see what workers normally
receive! (If they receive four, Reuven must pay
four, as the Beraisa teaches.)
4. Answer #1: Some workers receive three, others
receive four; they may have complaints, for they
could have looked to find someone that pays four.
5. Answer #2: (Regular workers receive three) - these
workers do not usually work for others, they only
agreed because they were told they would be paid
6. Answer #3: These were regular workers, they normally
receive three - because they were told they would be
paid four, they worked extra hard.
7. Question: We should see if they worked extra hard!
8. Answer: The case is, they dug a trench around a
9. Question: We can see how they dug it!
10. Answer: It is filled with water.
1. They have complaints, for Shimon prevented them from
(a) The following is obvious: If Reuven offered three, and
Shimon told them four, and the workers said 'we will work
for what Reuven said' - they (did not mean to accept less
than four, they) intended for the possibility that Reuven
offered more than four.
(b) Question: If Reuven offered four, and Shimon told them
three, and the workers said 'we will work for what Reuven
said' - what is the law?
1. Did they believe Shimon, and accept to work for
(c) Answer: We learn from the following.
2. Or - did they suspect that Reuven may have offered
more, and want to get what he offered?
1. (Rav Nachman): Leah made Levi an agent to bring her
Get (she is only divorced when she receives it), he
told her husband (Yehudah) 'I am an agent to receive
her Get (she is divorced through my getting it)';
Yehudah said 'Take it as she said' - even when she
gets it, she is not divorced.
2. This shows that Yehudah relies on what Levi said -
if he meant what Leah really said, Levi would be an
agent to bring it, she would be divorced when she
(d) Rejection (Rav Ashi): We could have made a valid
inference if Rav Nachman had taught the following case:
3) WORKERS THAT RETRACTED
1. Leah made Levi an agent to receive her Get, he told
Yehudah 'I am an agent to bring her Get'; Yehudah
said 'Take it as she said':
i. If Rav Nachman would say that she is divorced
when he gets it, this would prove that Yehudah
relies on what she said;
2. But from the case Rav Nachman actually taught, we
cannot learn - she is not divorced because Levi only
agrees to be an agent to receive, not to bring!
ii. If Rav Nachman would say that she is divorced
when she gets it, this would prove that Yehudah
relies on what Levi said;
(a) Opinion #2: In the Mishnah, the employer or workers
retracted; the Tana calls this 'tricked'.
4) WHEN THE EMPLOYER RETRACTS
(b) (Beraisa): Reuven hired workers; they tricked him or he
tricked them - the hurt party only has a right to
1. This is when the workers did not go to the worksite
- but if donkey-drivers or workers went and there
was nothing to carry or the ground was wet and
unworkable, the employer pays their full wage;
(c) The hurt party only has a right to complaints - this is
if they did not yet begin working; but if they began, we
estimate the value of what they did:
2. However, there is a difference between carrying a
burden and coming without a burden - they are paid
what a worker would want on condition that he will
1. If Shimon was hired to harvest the crop or weave a
garment for eight Dinarim, and he quit after doing
half - if what he did is worth six Dinarim, he only
gets four; he may finish the job to get eight.
(d) This is the law when there is no loss (if the work is not
i. If his work is worth four (Gra's text - two)
Dinarim, he gets two.
2. R. Dosa says, we evaluate the work remaining: if it
will cost six Dinarim to finish, he only gets two;
he may finish the job to get eight.
i. If it will cost four (Gra's text - two) Dinarim
to finish, he gets four.
1. If there is a loss, he hires others for more (and
Shimon must pay the excess), or he tricks Shimon.
i. Tricking him: he may say, originally I promised
one Sela - now I offer you two (but he will
only pay one).
2. One may pay other workers an extra 40 or 50 at
3. This is if there are no other workers there (to do
the job for the proper wage); if there are other
workers there, he hires them; he only has a right to
complaints against Shimon.
(a) A Chacham was reciting the above Beraisa: He pays him his
(b) Rav: I would only pay him as an idle worker is paid!
(c) Question: The Beraisa explicitly says, there is a
difference between carrying a burden...!
(d) Version #1 - Answer: The Tana did not finish before Rav
(e) Version #2 - Answer: The Tana did finish; Rav said that
he would not even pay him anything.
(f) Question: But the Beraisa says that he is paid as an idle
(g) Answer: That is when they had not seen the worksite the
night before (the employer should have told them not to
come); Rav says that he would not pay them if they saw
it, for they should have realized that it might be wet
(h) (Rava): Reuven hired workers to dig trenches and it
rained (so this cannot be done) - if they saw the
worksite the night before, it is their loss; if not,
Reuven must pay them as idle workers.