Responsa for Bava Metzia 165:16
אמר ריש לקיש
Go and bring proof that originally, when bought, the wine was sound, then will you be free from liability.' R. Joseph. his son, observed to him: In accordance with whom [is your verdict]? With Issi? — Yes, said he, in accordance with Issi; and we agree with him. R. Hiyya b. Joseph instituted a measure in Sikara.<span class="x" onmousemove="('comment',' Near Mahoza. ');"><sup>14</sup></span> Viz., those who carry burdens on a yoke, and they break, must pay half. Why? Because it [the burden] is too much for one, yet too little for two:<span class="x" onmousemove="('comment',' Consequently, one person would carry it. ');"><sup>15</sup></span> therefore it lies midway between accident and negligence.<span class="x" onmousemove="('comment',' Lit., 'it is near to accident and near to negligence.' ');"><sup>16</sup></span> Those who carry on a pole must pay all.<span class="x" onmousemove="('comment',' Rashi explains that it was a pole made for a two-man burden. Therefore, when one carries it alone, it is culpable negligence, for which he bears full responsibility. ');"><sup>17</sup></span> Some porters [negligently] broke a barrel of wine belonging to Rabbah son of R. Huna.<span class="x" onmousemove="('comment',' [So according to Alfasi; cur. edd.: 'b. Bar Hanan,' MS.M.: 'b. Bar Hanah.' v. next note.] ');"><sup>18</sup></span> Thereupon he seized their garments; so they went and complained to Rab.<span class="x" onmousemove="('comment',' [Other texts: 'Raba', according to which preference is to be given to reading: Rabbah. b. R. Hanan, v. D.S.] ');"><sup>19</sup></span> 'Return them their garments,' he ordered. 'Is that the law?' he enquired. 'Even so,' he rejoined: <i>'That thou mayest walk in the way of good men.</i>'<span class="x" onmousemove="('comment',' Prov. II, 20. ');"><sup>20</sup></span> Their garments having been returned, they observed. 'We are poor men, have worked all day, and are in need: are we to get nothing?' 'Go and pay them,' he ordered. 'Is that the law?' he asked. 'Even so,' was his reply: '<i>and keep the path of the righteous.</i>'<span class="x" onmousemove="('comment',' Ibid. Actually they were responsible, but Rab told him that in such a case one should not insist on the letter of the law. ');"><sup>21</sup></span> <b><i>MISHNAH</i></b>. ONE WHO ENGAGES LABOURERS AND DEMANDS THAT THEY COMMENCE EARLY OR WORK LATE — WHERE LOCAL USAGE IS NOT TO COMMENCE EARLY OR WORK LATE HE MAY NOT COMPEL THEM. WHERE IT IS THE PRACTICE TO SUPPLY FOOD [TO ONE'S LABOURERS], HE MUST SUPPLY THEM THEREWITH; TO PROVIDE A RELISH, HE MUST PROVIDE IT. EVERYTHING DEPENDS ON LOCAL CUSTOM. IT ONCE HAPPENED THAT R. JOHANAN B. MATHIA SAID TO HIS SON, 'GO OUT AND ENGAGE LABOURERS.' HE WENT AND AGREED TO SUPPLY THEM WITH FOOD. BUT ON HIS RETURNING TO HIS FATHER, THE LATTER SAID, MY SON, SHOULD YOU EVEN PREPARE FOR THEM A BANQUET LIKE SOLOMON'S WHEN IN HIS GLORY,<span class="x" onmousemove="('comment',' Lit., 'in his time'. ');"><sup>22</sup></span> YOU CANNOT FULFIL YOUR UNDERTAKING, FOR THEY ARE CHILDREN OF ABRAHAM, ISAAC AND JACOB. BUT, BEFORE THEY START WORK, GO OUT AND TELL THEM, ''[I ENGAGE YOU] ON CONDITION THAT YOU HAVE NO CLAIM UPON ME OTHER THAN BREAD AND PULSE.'' R. SIMEON B. GAMALIEL SAID: IT WAS UNNECESSARY [TO STIPULATE THUS]; EVERYTHING DEPENDS ON LOCAL CUSTOM. <b><i>GEMARA</i></b>. Is it not obvious? — It is necessary [to teach it] only when he [the employer] pays them a higher wage [than usual]: I might think that he can plead, 'I pay you a higher wage in order that you may start earlier and work for me until nightfall;' we are therefore taught that they can reply, 'The higher remuneration is [only] for better work [but not longer hours].' Resh Lakish said:
Teshuvot Maharam
A. In Würzburg a well established local custom is followed to permit a woman to collect two hundred marks. This custom, however, is not logical, for the term "pound" is thus interpreted to mean a pound by weight (16 ounces) which is equivalent to two marks. But if this interpretation is correct why do we not explicitly write in the ketubah: "one hundred pounds by weight"? Thus, I once saw my teacher and relative Rabbi Judah haKohen order the insertion of such phrase in the ketubah of one of his relatives. Since, however, we unqualifiedly write "one hundred pounds", we probably mean the coin "pound" and refer to the largest money unit current in the particular town. Rabbi Simha established the custom of paying the widow or divorcee one hundred marks as her ketubah, thus interpreting the above mentioned phrase to mean one hundred pounds of heavy coins (ליבריינ"ש), one pound of which is equivalent to a mark. Indeed, I have heard that in Worms only one hundred pounds Heller are paid; this custom of paying pounds current in the particular town seems to me preferable to all other customs. However, one must follow the custom of his locality. In the absence of a local custom, the custom of the town where the wedding took place should be followed. If no custom exists in this town either, one should pay one hundred pounds of the coins current in his present place of abode or in the town where the wedding took place — whichever is of lower value*The last statement is quite obscure since the talmudic source quoted in its support is in complete disagreement therewith..
SOURCES: Cr. 95.
Teshuvot Maharam
A. B should take an oath that he paid A the rent, and be free from that obligation. If B can prove, or if A admits, that he, B, put up the structures mentioned, B has a right to remove them.
SOURCES: Pr. 962.