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Bartenura on Mishnah Bava Metzia

Sefaria · Mishnah > Rishonim on Mishnah > Bartenura > Seder Nezikin · 465 sections

  1. 4.12.2

    מגורה – storehouse where they collect grain. A granary, where they thresh the grain and it is the manner of the traveling merchant to purchase from house owners at the time of the granary and to bring them into his own storage facility.

  2. 4.12.3

    פיטס – a huge vessel.

  3. 4.12.4

    ובלבד שלא יתכוין לערבן – to publicize to purchase the majority from a praiseworthy place and to mix in it from another place, and his neighbors think that all the produce is from the same place.

  4. 4.12.5

    ולא יפחות את השער – to sell it cheaply, because he is accustomed to come with him and overwhelms the food of his friends.

  5. 4.12.6

    זכור לטוב – and as a result of this, those who store produce sell it cheaply. And this is the Halakha.

  6. 4.12.7

    גריסין – beans that are ground in the millstone, one for two.

  7. 4.12.8

    לא יבור – the worthless matter/refuse , because since hey look nice, he raises their price a great deal from the price of the refuse that he took from them.

  8. 4.12.9

    וחכמים מתירין – for the purpose is able to see and to distinguish how much the refuse that he has sifted costs from those that others have. And it is good for him to raise their price of those that are sifted out of great effort. And the Halakha is according to the Sages.

  9. 4.12.10

    שלא יבור מעל פי המגורה – upwards to show the nice ones, but the refuse that is within it, he did not sift.

  10. 4.12.11

    לפי שאינו אלא כגונב את העין – with this sifting.

  11. 4.12.12

    מפרכסין – they repair them and make them more beautiful.

  12. 4.12.13

    לא את הדאם – a Canaanite slave who stands to be sold.

  13. 5.1.1

    איזהו נשך שהוא נושך – that he took from him what he (i.e., the other) didn’t give him.

  14. 5.1.2

    המרבה בפירות – he increases the reward for himself with produce, and whether by the loan of money or whether by the loan of produce it is interest, for he increases his money. But the concluding part of the Mishnah deals with Rabbinic interest, as it explains – which through the means of commercial transactions.

  15. 5.1.3

    דינר זהב – twenty-five silver denars.

  16. 5.1.4

    וכן השער – Such is how they were sold in the city, and it was permissible for him to give money now on the condition that he would give him the wheat all the days of the year with these monies according to the monetary rate, and even though that he doesn’t have the wheat right now. It is taught [in the Mishnah] of our chapter (Mishnah 7):, “when the market price is out, you may purchase, for although he (i.e., the seller) has not goods as yet, others have,” and this seller can purchase them now with these monies.

  17. 5.1.5

    עמדו חטין בשלשים דינרים אמר לו תן לי חיטי – and this is permissible, if he gives him the wheat, but if he fixed a price to give him for them wine, it is prohibited, lest the wine become more expensive, for since he doesn’t have any wine. And even though he fixed a price with him according to the current market price of wine, and the market price had gone out. For since he doesn’t give him money that we would be able to say that he could purchase wine with these monies tha the received, but he makes the value of the wheat an obligation and to set a price on his obligation of wine, this is prohibited if he lacks wine. For if he had wine, it would be purchased to him from now to the person who comes to set a price on the obligation of wine, and when it went up in price, it was in his possession when it went up in price.

  18. 5.2.1

    מרבים על השכר – the wages in money for waiting for the rental.

  19. 5.2.2

    ואין מרבין על המכר – the wages in waiting for the sale. And the reason is that the rental is not completely paid off until the end; therefore, when he takes from a Sela per month which is twelve Selas [per year], this is not the wages in waiting for the monies, for he was not obligated to pay him the rent until the end of the month, and that which he said to him: “if you give it to me now, it is yours for ten Selas, if he would give it to him early, he would forgive him the cost of the rental and diminish it for him for less than its value. But regarding a sale, then you make use of the object and the law is to give the money, and when he (i.e., the seller) says to him (i.e., the buyer): “if from now you give me, it is yours for one-thousand zuz, which is its cost and if it has already been at the granary, it is the reward for waiting for the monies [and is forbidden, as interest].

  20. 5.2.3

    מכר לו את השדה – And the same law applies for movables, and all business, if he sold it to him for more than its worth with the wages for waiting for the monies, it is forbidden, for it is the dust of interest according to the Rabbis And all dust of interest (i.e., indirect interest), if he gave it, it is not reclaimed through judges, whereas stipulated/direct usury from the Torah, is reclaimed through judges [i.,e in court] (see Talmud Bava Metzia 61b).

  21. 5.3.1

    הבא מעות וטול את שלך אסור – He who brings excess monies that are upon you [to bring] and take your field, it is forbidden to do this. As in such a case where the seller said to the purchase: Go bring me excess monies and you purchase it from now, therefore, it is forbidden to do this, for if the seller were to consume the produce during this period, when he (i.e., the purchaser) brings the money, it is found that this field was sold to him from the day of the sale, but this one (i.e., the seller) ate the produce as the reward while waiting for the monies. But if the purchaser would consume the produce from now, for perhaps he would not bring the excess monies and would return to him (i.e., the seller) what he had received and it would be that the field had not been sold to hm, for when he would bring it (i.e., the monies), it would be sold to him from now he told him, but he didn’t bring it, and the first monies are like a mere loan in regard to the seller, and he ate the produce with his payment.

  22. 5.3.2

    הרי היא שלו – in such a case as when he (i.e., the purchaser) said to him, buy it from now – if I don’t bring to you [the monies] from now until three years, it is not an Asmakhta (i.e., a collateral security with the condition of forfeiture beyond the amount to be secured – see Bava Batra 168a), but a complete purchase, for on the condition that he sold it completely, he would hold it from now with these monies and he would lower the price and sell (some of the movable goods in order to raise the money – see Bava Metzia 77a), and he who received it, if he would return him his monies within three years, would receive them, and the produce would be left in the hand of a third-party, and if the borrower returned his monies to the lender within the three years, he would release the produce to the borrower, and if not, he would give the produce to the lender, for the field was sold to him at the time of the loan, and that loan was the cost of the field.

  23. 5.4.1

    אין מושיבין חנוני למחצית שכר – the owner shall not say to the storekeeper: “Behold produce is sold in the market at four Seah for a Sela, and you sell them for pennies in the store and profit a Sela . Here is produce; return and sell them in the store and the we will [equally] divide the profits.” And the reason for the matter is that we have established this business that half of it is a loan and half of it is a deposit. A regular person who receives goods for half of the earnings, takes upon himself the responsibility for half of the principal and for accidents and the risk of reduction of prices (see Bava Metzia 64b). Therefore, that one-half since he has taken liability for accidents, it is considered a loan with him, for it is an estimation with the monies according to the market rate and the decision is tha the make take half of the profit. It is found that when he is engaged with the half [of the investment] belonging to the owner which is a deposit with him with the reward of waiting of the monies of the loan, and therefore is prohibited, unless he (i.e., the owner) gives him the salary for his labors that he is engaged in with that half [of the monies – which is a loan] like an idle worker for that labor that he is [currently] idle from, if he is a carpenter or a blacksmith – how much he wants to take to be idle from heaven labor like this and to do easier work.

  24. 5.4.2

    אין מושיבין תרנגולים למחצה – to estimate the monetary value of the eggs for the owner of the chickens to have them is upon them to grow the chicks for one-half of the reward, when the chicks are worth more than the value of the eggs, for this person accepts the responsibility for half of the cost of the eggs, if they are ruined or if the chickens die. He has received half of monies as a loan, and he is therefore raising the second half as a salary in waiting for the monies.

  25. 5.4.3

    מזונו – the food that is produced with the chicks.

  26. 5.4.4

    ואין שמין עגלים וסייחין למחצה – now they are worth such and such, and he accepted for you to raise them for two years for half of the profits, and for half of the loss if they die.

  27. 5.4.5

    אבל מקבלים עגלים וסייחם – small [calves and foals] without estimation, for if they should die, he would not have to pay anything , and if they live, they would divide [the profits] between them.

  28. 5.4.6

    ושיהיו משולשים – which means that they have reached one-third of their growth, they are then divided up.

  29. 5.4.7

    ובחמור עד שתהא טוענת – a burden. This was the custom to raise them prior to division.

  30. 5.5.1

    שמין פרה – a large [cow] or a large donkey, which are worthy for labor, and their work is all for the recipient [of their labor].

  31. 5.5.2

    למחצה – to divide the profit that they earn, in money and offspring

  32. 5.5.3

    לחלוק את הולדות מיד – when the time arrives for their division, which for a small animal is thirty days and for a large animal fifty days.

  33. 5.5.4

    שמין עגל עם עמו – and it is not necessary to give work and food to a calf but rather [only] to the mother. But the Halakha is not according to Rabban Shimon ben Gamaliel.

  34. 5.5.5

    ומפרין על שדהו – the language of “being fruitful and multiplying,” and there are those who read this as ומפריז with the letter “zayin” (instead of a final “nun”), in the language of (Zechariah 2:8): “Jerusalem shall be peopled as a city [without walls, so many shall be the men and cattle it contains],” that is to say, extend his field. And this is what he would tell him [the tenant on a fixed rent payable in kind to the landlord]: “You are accustomed to take your field in stipulated rent for ten Kors per year; lend me two hundred zuz that I can spend to manure this field, to sow it and to plough it and I will increase the stipulated rent to twelve Kors per year and I will return your monies” – this is permitted because it is as if he does more business him through these two Kors because he rents from him a good and praiseworthy field that his rental is better than the rental of a bad field.

  35. 5.6.1

    אין מקבלין צאן ברזל – all mortgaged property (or property which may be resorted to in case of non – payment) are upon the receiver, and he placed upon them (i.e., the property) his resources, and all the time that he (i.e., the borrower) does not give him his monies, they divide the profit/wages. And even though this is an extraneous Mishnah, for it is taught in the Mishnah above (Mishnah 4), that they do not set up a storekeeper for half the profit because he receives on it one-half with loss, all the more so, here, when he receives all the mortgaged property upon it. They took it (i.e., the language) because of the concluding section of the Mishnah: “but they do accept a flock on ‘iron terms’ from the heathens.

  36. 5.6.2

    מדעת הנכרי – such as the case where an Israelite borrowed money from a heathen at interest and he requested to return them to him. He found another Israelite and said: give them to me and I will credit you (see Bava Metzia 69b) in the manner that you credit him (as compensation). If he restored them (i.e., the monies) to the heathen, even though an Israelite gives them to him at the command of a heathen, it is permitted, but if he didn’t restore them to the heathen, it is forbidden, for he has lent him [money] at interest.

  37. 5.7.1

    היה הוא תחלה לקוצרים – and he has a stack/heap of grain but the market price has not yet been published.

  38. 5.7.2

    פוסק עמו – for whatever market price that he wants, and since he has it (i.e., pile of grain), there is no interest here, since from now that heap is acquired for him, and he though he did not take possession [by drawing or seizing], since he does not have it also, it is not other than the dust of interest of the Rabbis, but if he has it, a decree was not made.

  39. 5.7.3

    על העביט – a large utensil that they collect/pile up the grapes before treading and they become heated to producer their wine well, and of olives, it is called a vat or pit where olives are packed until they form a viscid mass.

  40. 5.7.4

    על הביצים של יוצר – if he brought in dust and made it eggs to make of them a dishes, he sets with him on the dishes for whatever price he wants, and even though the [official] price had not been publicized.

  41. 5.7.5

    ועל הסיד – he sets with him at whatever price that he wants from when he let them down into the kiln/furnace of wood and stones to burn them and make of them plaster.

  42. 5.7.6

    וחכמים מתירין – there is a difference between the Sages and the first Tanna [of the Mishnah], for the First Tanna speaks of all the days of the year and Rabbi Yosi disagrees with him and says that there is no difference between the dry season (i.e., literally, the “days of sunshine) and the days of the rainy season until the seller has manure in the dung heaps, but the Sages permit specifically during the days of sunshine, for even if he doesn’t have [manure], others have it, for everyone has manure which has decayed and became crushed during the rainy season, but not during the rainy season itself. And the Halakha is according to the Sages.

  43. 5.7.7

    כשער הגבוה – [according to the price at the height of the market – Bava Metzia 72b] – and if the market price became less than what it is now currently, give me according to the lowest market price. The height – that is the cheapest that when giving tall and much produce lesser costs.

  44. 5.7.8

    תן לי כזה או תן לי מעותי – for since he did not take possession (by pulling/seizing), he is able to retract, and even [the curse of] “He who punished [the generation of the Flood….will punish those who do not stand by his word (although the court cannot compel him) is not [applicable] , for he did not give his monies on the condition to receive [the produce] now, but rather later, and in the midst of things, the market price changed, it is the mere opinion of people of delighting in the cheap market price. But the Halakha is not according to Rabbi Yehuda.

  45. 5.8.1

    חטין בחטין לזרע – It is permissible to lend to a tenant farmer (who tills the owner’s ground for a certain share in the produce, as opposed to a certain rent in kind/חכיר, irrespective of the yield of the crops) a Seah for a Seah (even though this is normally forbidden) specifically when he wants to sow with them, and the reason for this is that in the place where the tenant farmer is, when he gives the seed, if he didn’t have seed to sow the field, the owner would remove him, and when the tenant farmer borrows from the owner, and he sows [the field], when the wheat go up in price, he gives back wheat, this is not a loan, but rather for the tenant farmer, it is like he goes down into it (i.e., the field) from this moment, on the condition that the owner will take the seed first from the part that will arrive to the tenant farmer, and the tenant farmer will take the rest as the payment for his trouble, and on this condition, he will take less that the other tenant farmers according the measure of the seed, and there is no interest here.

  46. 5.8.2

    שהיה רבן גמלאל – that is to say, for this purposes, it was necessary to teach this Mishnah, for Rabbi Gamaliel was more stringent, for if thing became cheaper, he would take according the cheaper set price, and our Mishnah comes to teach us not the Halakha is as such, but rather that he wished to be more stringent upon himself.

  47. 5.9.1

    הלויני עד שיבוא בני – because he has it (i.e., a Kor of wheat), it is all right. For the Rabbis did not make the decree other than when he didn’t have i. And if he didn’t have it other than one Seah, he would lend upon it several Kors, and on each one we would say, “this is in its place,” for it is not purchased/acquired by the lender, and it is in the hand of the borrower to sell it or to consume, and when he lends it ech one of them, he is lending with legal permission (i.e., it is a legitimate action).

  48. 5.9.2

    וכן היה הלל אומר לא תלוה אשה – but the Halakha is not according to Hillel, but rather the Halakha is according to the Sages who say that we lend undefined and collect debts undefined.

  49. 5.10.1

    נכש עמי – [weed with me] today, and I will weed with you tomorrow. Weeding is the removal of bad grasses that grow in the grain.

  50. 5.10.2

    עדור – dig

  51. 5.10.3

    לא יאמר לו נכש עמי ואעדור עמך – sometimes this one is harder than that one, and there is here compensation for waiting (i.e., advancing the money to the seller – see Bava Metzia 63b).

  52. 5.10.4

    כל ימי גריד אחד – and we are not troubled if one day is greater than its neighbor (i.e., during the dry season/summer); and similarly, all the days of rainfall [in the autumn] are one, and it is permissible to say, hoe/dig with me on this day of the dry season/days of sunlight and I hoe/dig with you one day of the dry season/days of sunlight, and similarly with the days of rainfall.

  53. 5.10.5

    גריד – days of the sunlight.

  54. 5.10.6

    רביעה – days of rainfall.

  55. 5.10.7

    ואני אחרוש עמך ברביעה – for the days of rainfall are more difficult for the work in the fields

  56. 5.11.1

    עוברים משום לא תתן וכו' – the lender transgresses in all of them; the borrower transgresses (Deuteronomy 23:20): “You shall not deduct interest from loans to your countrymen,” which is the language of activating others, that you should not cause that your brother will lend at interest, and he violates(Deuteronomy 23:21): “Do not deduct interest from loans to your countrymen”, and (Leviticus 19:14): “or place a stumbling block before the blind.” The guarantor and the witnesses transgress only on (Exodus 22:24):“Exact no interest from them.”

  57. 6.1.1

    השוכר. והטעו זה את זה – One of the artisans whom the owner sent to hire his fellows and he deceived them, as for example: the boss told him to hire each person for four denars per day, and he went and hired them for three [denars per day], they have no recourse against him other than a complaint. For it was understood and accepted/agreed [that employment was to be offered] at three [denars per day], but they can say to him: you have nothing [quoting](Proverbs 3:27): “Do not withhold good from one who deserves it [when you have the power to do it (for him)]. Another interpretation of “they deceived one another”: They retracted and they didn’t want to go and do the work of the boss as they had been hired to do, or the owner [himself] retracted, such as if he said to them: I have no need for you this morning prior to their going out to the work.

  58. 6.1.2

    ואת הקרר – it is read with a “reish,” that is to say, the owner of the wagon.

  59. 6.1.3

    פרייפרין – planed wood to make a frame and hangings of a palanquin (especially for a bride in the wedding procession).

  60. 6.1.6

    מקום שאין שם אדם – that he does not find workers to hire and the flax is lost.

  61. 6.1.7

    שוכר עליהם – people according to the measure of their salary, but not greater than the measure of their salary.

  62. 6.1.8

    או מטען – he says that he will give them an extra zuz, but he doesn’t give them other than what he stipulated at first.

  63. 6.2.1

    השוכר את האומנין – work on a contract (as opposed to time work): such work for such-and-such money.

  64. 6.2.2

    וחזרו בהם – after they did part of the work.

  65. 6.2.3

    ידם על התחתונה – if the price of workers increased and he does not find someone who will finish it at the salary that would come to those who would do so in the future, they withhold from their salary from what they did, all the while he needs to spend until his work is completed at the wages that he had stipulated with them. And if price of workers decreased, and he can find someone who will complete it (i.e., the work) for less, they should estimate for them what they did and give them what they stipulated; if they did half, he should give them half of their wages, and they cannot say to him: “Behold, other workers coming in place of us to complete your work and give us all of our salary except for what these [other workers] take.

  66. 6.2.4

    ואם בעה"ב חוזר בו ידו על התחתונה – he should give them according to what they did, and if the work performed was cheaper, he (i.e., the owner/boss), should by force give them as he stipulated, except for what he needs to expend in its completion.

  67. 6.2.5

    כל המשנה ידו על התחתונה – [See Mishnah Bava Kamma, Chapter 8, Mishnah 4 as the commentary below summarizes the contents of this Mishnah.] Such as the case where one gave wool to the dyer to be dyed read and he died it back, if the income from the improvement exceeds the outlay (see also Ketubot 80a), he does not give him his complete salary but only the cost of the outlay of wood and dyes, but if the [cost of the] outlay is greater than the improvements, then give him the value of the improvements.

  68. 6.2.6

    וכל החוזר בו ידו על התחתונה – to include the person who sells a field to his fellow for one thousand zuz and he (i.e., the purchaser) gave him from them two hundred zuz – and the seller retracted. The hand of the purchaser is on top. If he (i.e., the purchaser) wanted, he could say to him (i.e., the seller), “give me my money;” if he wanted, he could say to him, “give me land corresponding to my money [which is currently in your hands].” If the purchaser retracts, the hand of the seller is on top. If he (i.e., the seller) wanted, he could say to him (i.e., the purchaser), “here is your money,” If he wanted, he could say to him, “here is land corresponding to your monies.”

  69. 6.3.1

    בהר והולכה בבקעה בבקעה והוליכה בהר – at the top of the mountain. And even though the path is smooth and straight, he is liable because it died as a result of the environment/atmosphere which was not smooth and not humid, since he changed it, one can say to him that she (i.e., the animal) did not die other than on account of the fact that it was not learned in the environment of the mountain and it was difficult for her. Or, it (i.e., the animal) was not learned in the environment of the valley and it was difficult for her. And because of this, there is no dispute here between its smoothness or its humidity, as it disputes at the end of the Mishnah.

  70. 6.3.2

    אם החליקה פטור – that on the mountain, it she is liable to slip more, for the top of the mountain is sharp and slanting to the sides.

  71. 6.3.3

    ואם חוחמה חייב – for in the valleys, the dust rises for the mountains are around it and the atmosphere does not have power over it, but if she becomes overheated on account of her ascent to the mountain, he is liable, for the ascent caused it, and he changed [the conditions] to cause her to walk on the mountain.

  72. 6.3.4

    והבריקה – (see Bava Metzia 78a) became blind through a cataract in the eye; another explanation: her legs decayed.

  73. 6.3.5

    או שנעשית אנגריא – she was taken into the service of the king.

  74. 6.3.6

    אומר לו הרי שלך לפניך – and specifically when he said to him – this donkey, which had been hired for [carrying] a burden. But if he hired it to ride upon hit, even if he said to him, “this donkey,” and he cannot say to him, this is yours before you, lest she fall under him on a bridge or she throws him off at one of the openings. And similarly, if he hired for him a mere donkey even for [carrying] a burden, he cannot say to him “yours is before you,” but he is obligated to assign to him another animal. And if he doesn’t assign to him another animal, he is not liable to give him anything from all fees of the way that he walked with it.

  75. 6.3.7

    מתה או נשברה חייב – He who rents it out sells the skin and the carcass [goes] to the dogs, adds money and assigns for him another animal, or he can rent him another with the monies of the carcass, for this donkey was mortgaged to him, or he can return him his payment.

  76. 6.4.1

    השוכר את הפרה לחרוש וכו' – and all of the utensils of the plough go to the owner of the cow, and his youth go with his animal and plough with it.

  77. 6.4.2

    נשבר הקנקן – the pin of the plough which has the iron.

  78. 6.4.3

    חייב – for the mountains are harder to plough than the values because of the rocks that are there.

  79. 6.4.4

    ודש בתבואה – he is exempt if it is smooth.

  80. 6.5.1

    והביא עליה שעורים – which are lighter than wheat

  81. 6.5.2

    חייב – for its ruin/damage if he added three Kabs. And we don’t say that since the barley is lighter, he can add up to the weight of a Letekh of Wheat which is burden of the donkey (see Bava Metzia 80a).

  82. 6.5.3

    מפני שהנפה קשה – for the animal as a burden. For even though its burden is not as heaven as the burden of wheat, their volume is like the volume of wheat and the volume is like a burden.

  83. 6.5.4

    לתך – one-half of a Kor, and Kor is 30 Seah..

  84. 6.5.5

    סומכוס אומר וכו' – and the Halakha is according to Sumkho, but if he added less than this measure, he is exempt if the donkey became injured and he only gives the cost of the addition alone.

  85. 6.6.1

    כל האומנין – a contactor (a hired man paid for certain work when it is done; or, a tenant of land at a fixed rent) who accepts aupon themselves to do work in their homes.

  86. 6.6.2

    שומרי שכר – to be liable for theft and loss, and that benefit that he takes hold of a reward/payment for it, he is a paid bailee.

  87. 6.6.3

    וכולן שאמרו טול את שלך – for I have already completed it and I am not waiting to take my payment and after I bring it [to you], bring money. He is from that point on an unpaid bailee.

  88. 6.6.4

    שמור לי ואשמור לך – guard for me today and I will guard for you tomorrow. But [if he said]: you guard this for me and I will guard this for you this other object in its place, and all of it is at the same time. This is the guarding of the owners [with him] and he is exempt [from being liable for loss and/or theft].

  89. 6.6.5

    הנח לפני שומר חנם – but place it before you , or merely place it, he is not even an unpaid bailee, for he did not accept upon himself guarding [of it] at all.

  90. 6.7.1

    הלוהו – money.

  91. 6.7.2

    על המשכון שומר שכר – whether he lent him and afterwards he (i.e., the borrower) gave a pledge, whether he gave a pledge and afterwards took a loan, what is the reward? It is the reward of the Mitzvah (see Bava Metzia 81b).

  92. 6.7.3

    הלוהו מעות שומר חנם – for Rabbi Yehuda does not hold the reward of a Mitzvah for the purposes of law.

  93. 6.7.4

    הלוהו פרות שומר שכר – for it is the manner of produce to decay/rot, but the Halakha is not according to Rabbi Yehuda.

  94. 6.7.5

    מותר אדם להשכיר – to others.

  95. 6.7.6

    משכונו של עני – that is in his hand.

  96. 6.7.7

    להיות פוסק עלו – a profit.

  97. 6.7.8

    והולך – always and lessen from the liability [of the loan]. And specifically with a pledge that the reward is great and its decrease is small such as a hoe and an ax (see Bava Metzia 82b) and similar kinds of things. And such is the Halakha.

  98. 6.8.1

    בין שומר חנם ובין שומר שכר ישבע – for [he] holds that he should take an oath that he was not negligent and he would be exempt [from damages such as loss and/or theft].

  99. 6.8.2

    רבי אליעזר אומר זה וזה וישבע וכו' – Even I heard from my teachers according to Rabbi Meir, that both of them (i.e., the unpaid bailee and the paid bailee) should take an oath. But I am amazed at this (i.e., the unpaid bailee) and on that (i.e., the paid bailee) how they become exempt [from liability] with an oath. For the paid bailee – how can he be exempt with an oath that he was not negligent, for even without negligence, he is also liable, for this is not an unavoidable accident but is similar to theft and loss which are close to negligence and an unavoidable accident. And furthermore, if it wasn’t broken in a declivity, even the unpaid bailee, how is he able to take an oath that he was not negligent? For this is certainly negligence. But Rabbi Meir holds that this oath is not from the law, but rather an ordinance of the Sages, if you don’t exempt a person who transfers a barrel from place to place from the payment via this oath, there will not be any person who will [take upon himself the responsibility] to transfer a barrel for his fellow from place to place. Therefore, they (i.e., the Sages) ordained that he should take the oath without intention he broke the barrel and he is exempt.

  100. 7.1.1

    השוכר את הפועלים. אינו ראשי לכופן – and even though he increase their wages from other works, he can say to them: “this that I have increased your wages, with the knowledge that you will rise up earlier [to work] and stay later for me, for they can say to him: “this that you have increased for us [our wages] is with the knowledge that we provide for you outstanding/better labor.” (see Bava Metzia 83a).

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Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020. Via Sefaria (sefaria.org), Sefaria-Export. Version source: http://sefaria.org/ Licence: CC-BY. Source.