Talmud Bavli
Talmud Bavli

Reference for Bava Metzia 136:15

בני רב עיליש נפק עלייהו ההוא שטרא דהוה כתיב ביה פלגא באגר פלגא בהפסד אמר רבא רב עיליש גברא רבה הוא ואיסורא לאינשי לא הוי ספי מה נפשך אי פלגא באגר תרי תילתי בהפסד

whilst R. Jose son of R. Judah agrees with his father, who ruled that even if he merely dipped [his bread] into his vinegar, or joined him in a dried fig, that is adequate payment. Our Rabbis taught: A woman may hire a fowl to her neighbour in return for two fledglings.<span class="x" onmousemove="('comment',' I.e., she may receive the eggs from her neighbour, set her own fowl to brood upon them, and receive two fledglings for her trouble. ');"><sup>13</sup></span> If a woman proposes to her neighbour, 'I have a fowl, and you have eggs: let us equally share the fledglings,'<span class="x" onmousemove="('comment',' [In this case, the owner of the fowl, while assuming full responsibility for half the eggs, receives no extra compensation for her trouble.] ');"><sup>14</sup></span> — R. Judah permits, whilst R. Simeon forbids it. But [what of] R. Judah: does he not require payment to be made for labour and food? — There are the addled eggs.<span class="x" onmousemove="('comment',' These cannot be hatched, and the egg-owner receives them in return for her labour. This, of course, is very little, but R. Judah has already stated above that even the smallest payment is sufficient. — Addled eggs may be eaten, and hence are of some slight value. ');"><sup>15</sup></span> Our Rabbis taught: Where it is the usage to make a payment for shouldering beasts,<span class="x" onmousemove="('comment',' I.e., where calves and foals are given to breed at half profits, but the breeder is paid for having to carry them on his shoulder whilst they are very small. ');"><sup>16</sup></span> such payment may be made, and general custom must not be abrogated. R. Simeon b. Gamaliel said: A calf may be assessed with its mother, and a foal with its mother, and even where it is customary to make a monetary payment for shouldering.<span class="x" onmousemove="('comment',' If both the mother and the young are given to breed on a profit sharing basis, the profit which the breeder receives from the work of the mother is adequate compensation for both, and no further payment is necessary. ');"><sup>17</sup></span> But R. Simeon b. Gamaliel! Does he not require payment for his labour and food?<span class="x" onmousemove="('comment',' The objection is raised on the hypothesis that unless the breeder receives some separate payment for the young, the arrangement amounts to usury; v. p. Mishnah 68a. ');"><sup>18</sup></span> — There is the dung.<span class="x" onmousemove="('comment',' Which has a monetary value. ');"><sup>19</sup></span> But the other?<span class="x" onmousemove="('comment',' The first Tanna, who insists upon payment. ');"><sup>20</sup></span> — The ownership of dung is renounced.<span class="x" onmousemove="('comment',' The owner does not want it in any case, and so it constitutes no payment. ');"><sup>21</sup></span> R. Nahman said: The <i>halachah</i> is as R. Judah; the <i>halachah</i> is as R. Jose son of R. Judah; and the <i>halachah</i> is as R. Simeon b. Gamaliel. A bond was issued against the children of R. 'Ilish, stipulating half profits and half loss.<span class="x" onmousemove="('comment',' I.e., a bond whereby R. 'Ilish had undertaken to trade on these terms: this arrangement is forbidden as usury; v. infra 104b. ');"><sup>22</sup></span> Said Raba: R. 'Ilish was a great man, and he would not have fed [another person] with forbidden food.<span class="x" onmousemove="('comment',' He would not have made an arrangement whereby another should enjoy the illegitimate profits of usury. ');"><sup>23</sup></span> It must be taken to mean:<span class="x" onmousemove="('comment',' Lit., 'whatever be your opinion.' ');"><sup>24</sup></span> either half profit and two thirds loss;

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