Continuing their conversation about the rights to the fruits of date trees that were uprooted and then re-rooted in another person's field, the rabbis take on this agricultural theme. There are lots of "what if's" presented, including the possibility that older trees would leave larger shadows allowing the owner to grow other more delicate vegetables/plants. The rabbis discuss the imperative to settle in Eretz Yisrael and to leave trees where they are. Food in Eretz Yisrael, also called "the land of our ancestors" in this context, must be tithed. We learn about Gentile farmers, tenant farmers, and others who are responsible for tithing the produce of their fields. We learn about Jewish farmers who must tithe their produce before sharing it with Gentiles, whether or not those Gentiles were oppressors.
The Gemara continues with this agricultural conversation. There are advantages and disadvantages to owning produce and land. Costs are varied, including appraising, planting, growing, harvesting, tithing, collecting, and selling appropriately. The benefits named are the costs associated with selling the produce, though there are other advantages such as knowing that one will have food for one's family and servants, etc.
Before moving into a new Mishna, the rabbis speak about a builder who builds in another person's courtyard without permission. Is the builder permitted to remove that structure whenever he pleases? One of the more interesting arguments here states that we should consider whether the value of the land benefits or diminishes due to the removal of the structure. This question applies to removing trees from land, as well. Are we weakening the soil when we remove trees?
A new Mishna teaches that when one rents out their home over the rainy season, it is necessary to host the renters between Sukkot and Pesach - one cannot kick them out earlier than that. Perhaps this is because there is an assumption that one is renting for the entire season. In the summer, one must give thirty days notice before eviction. Houses in the cities require twelve months notice before eviction. Shops in towns or cities also require one year's notice before eviction. And baker's shops/dyer's shops are given three years notice.
The Gemara suggests proofs. One rents for the entire summer season and thus one does the same in the rainy season. However, this might be because it is difficult to find a home during the rainy season, and thus it would be unfair to leave renters with nowhere to live. The rabbis consider the importance of giving notice before eviction to allow people to find new rentals. This is discussed in the context of raising one's rent. And giving notice of the increase in rent or eviction may not be a true choice, just as a person whose testicles are grabbed so that their cloak can be taken is not offered the choice to give that person their cloak.
It is permitted to evict someone if the landlord also has to leave due to the home's poor condition. The landlord says, "You are not better then me". Same goes for an eviction because the home has been given to an heir, or otherwise taken from the landlord with notice. The landlord is permitted to give notice (or not, if impossible) to his tenant that he will evict the tenant to give his son and his son's new wife a home.
We are told the story of a woman who was offered a betrothal simply so that a man could store extra wine in her courtyard - she had refused to store it otherwise. When it suited him, shortly thereafter, he sent her a get. In turn, she hired labourers to bring the wine into the street and she paid those men with the wine, as well. The rabbis did not hear the ex-husband's complaint, for "his repayment will come back on his head". Further, after that interaction, she has every right to rent out her courtyard to everyone but this man, seeing that she could not trust him.
A second new Mishna teaches that a landlord is responsible for providing the door, the bolt, the lock, and all items in the home essential for normal living, made by a craftsperson. Anything else is provided by the renter. The manure in the courtyard belongs to the landlord. The renter can use the ashes from the stove as fertilizer if desired.
The Gemara is more specific. A landlord assembles the door, bolt, lock and working windows, a strengthened ceiling and supportive crossbeam. A renter must provide the ladder to access the roof, a parapet, gutter, and plaster for care of the roof. The Gemara ends our daf with a wonderful question: who is responsible for affixing the mezuzah to the doorframe? Is this a requirement of normal living that is constructed by a craftsperson? We will wait for tomorrow's daf to find out.
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