Commentary for Bava Metzia 203:27

מעשה בציפורי באחד ששכר מרחץ מחבירו בשנים עשר זהב לשנה מדינר זהב לחדש

— Raba explained: As for the egg, when the greater part of it has issued [from the body of the fowl], it is subject to the law of sending away,<span class="x" onmousemove="('comment',' In the case of a wild bird, if one wished to take the egg at that moment, he would have to send the dam away. ');">²⁴</span> whilst he [the owner of the court] does not acquire it until it falls into the courtyard; and when it is stated, 'They are subject to the law of sending away,' [it means] before it falls into the court. If so, why are they forbidden as robbery?<span class="x" onmousemove="('comment',' Since the courtyard has not yet effected possession for him. ');">²⁵</span> [That refers] to the dam. Alternatively it may refer to the eggs, after all: but when the greater part thereof has issued, his intention is set thereon.<span class="x" onmousemove="('comment',' Therefore, though in strict law they are not yet his, for the sake of peace a stranger may not take them. ');">²⁶</span> But now that Rab Judah said in Rab's name: The eggs must not be taken as long as the dam is sitting upon them, for it is written, <i>But thou shalt in any wise let the dam go</i> [first, and only then] <i>take the young to thee</i>,<span class="x" onmousemove="('comment',' Ibid. 'The young' is understood to mean the eggs too. ');">²⁷</span> you may say that it holds good even if it [the egg] fell into his courtyard: [nevertheless it is subject to the law of sending away, because] wherever he himself might acquire it, his courtyard acquires it for him; but where he himself might not acquire it,<span class="x" onmousemove="('comment',' Since the dam is sitting upon it. ');">²⁸</span> his courtyard cannot acquire it for him either. If so, are they forbidden as robbery [only] for the sake of peace? If he [the stranger] sends the dam away, it is real robbery;<span class="x" onmousemove="('comment',' Since, on the dam being sent away, the eggs immediately become the property of the courtyard owner. ');">²⁹</span> whilst if not, she is to be sent away!<span class="x" onmousemove="('comment',' Before the eggs can be taken, so that they are forbidden in any case. ');">³⁰</span> — This refers to a minor, who is not obliged to send her away.<span class="x" onmousemove="('comment',' Not being of an age when precepts are incumbent upon him. ');">³¹</span> But is a minor subject to provisions enacted for the sake of peace?<span class="x" onmousemove="('comment',' Surely not! ');">³²</span> — It means thus: The father of the minor must return them for the sake of peace. <b><i>MISHNAH</i></b>. IF ONE RENTS A HOUSE TO HIS FELLOW FOR A YEAR, AND THE YEAR WAS INTERCALATED,<span class="x" onmousemove="('comment',' The Jewish year is partly lunar, partly solar. I.e., it consists of twelve months, which give 355 or 356 days. But at the same time, the Festivals must fall in the proper seasons, Passover in the vernal equinox and Tabernacles in the autumnal equinox. Since this depends on the solar year, which consists of 365 days, the deficiency was made good by the addition periodically of an extra month to the year; v. Sanh. 11a. ');">³³</span> THE INTERCALATION IS IN THE TENANT'S FAVOUR.<span class="x" onmousemove="('comment',' He cannot be charged rent for the extra month. ');">³⁴</span> IF HE LET IT TO HIM BY THE MONTH, AND THE YEAR WAS INTERCALATED, THE INTERCALATION IS IN THE OWNER'S FAVOUR.<span class="x" onmousemove="('comment',' Though a lease for an unspecified period is for a year, the lessee must pay rent for the extra month. ');">³⁵</span> IT HAPPENED IN SEPPHORIS THAT ONE RENTED A BATHHOUSE FROM HIS NEIGHBOUR FOR TWELVE GOLD <i>DENARII</i> PER ANNUM, AT A GOLD <i>DENAR</i> PER MONTH;

Explore commentary for Bava Metzia 203:27. In-depth commentary and analysis from classical Jewish sources.