The importance of compromise

Today we finish massekhet Baba Metzia with daf 119. Rabbi Shimon has a different answer how to deal with a vegetable growing between two terrace gardens. “Rabbi Shimon said: Any vegetables that the owner of the upper garden can stretch out his hand and take, those vegetables are his, and the rest belong to the owner of the lower garden.” (daf 118b, Sefaria.org translation)

Today’s daf explains exactly how far the upper gardener may stretch out his and to pick the produce. “The mishna teaches: Rabbi Shimon said: Any vegetables that the owner of the upper garden can stretch out his hand and take, those vegetables are his, and the rest belong to the owner of the lower garden. In the school of Rabbi Yannai they say: And this is only so provided that he does not force himself (יֵאָנֵס), but simply stretches out his hand in the usual manner.” (Sefaria.org translation) Some commentators explain the Hebrew word יֵאָנֵס means he should not stretch out his arm so far that he exited causes an accident and falls off the terrace.

Today’s daf introduces an amora, Efrayim the scribe, who only appears on this daf. “Efrayim the scribe, a student of Reish Lakish, says in the name of Reish Lakish: The halakha is in accordance with the opinion of Rabbi Shimon.”

According to the Bavli, if the upper gardener has a longer reach he can harvest more vegetables than the lower gardener. It is interesting to note that the Yerushalmi (Jerusalem) Talmud records a different version of what Efrayim the scribe said, “What shall one do? Ephraim in the name of Rebbi Simeon ben Laqish said, they shall split.” (Sefaria.org translation) Here both farmers share of the crop equally.

This conclusion echoes the very beginning of our massekhet. “MISHNA: If two people came to court holding a garment, and this one, the first litigant, says: I found it, and that one, the second litigant, says: I found it; this one says: All of it is mine, and that one says: All of it is mine; how does the court adjudicate this case? This one takes an oath that he does not have ownership of less than half of it, and that one takes an oath that he does not have ownership of less than half of it, and they divide it”. (daf 2a, Sefaria.org translation)

All throughout our study of Baba Kama and Baba Metzia we have dealt with real-life situations that we can identify with. Time and time again, our sages have taught us the importance of compromise when dealing with a fellow human beings. They also encourage us to go beyond the letter of the law and do what’s right in God’s sight. That’s our aspiration.

These real-life situations will continue as we study Baba Batra tomorrow!