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.

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

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

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

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

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.

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

וחזרו בהם – after they did part of the work.

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.

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.

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.

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.”

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.

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.

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.

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

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

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.

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.

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.

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

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

ודש בתבואה – he is exempt if it is smooth.

והביא עליה שעורים – which are lighter than wheat

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).

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.

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

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.

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.

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.

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.

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].

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.

הלוהו – money.

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).

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

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

מותר אדם להשכיר – to others.

משכונו של עני – that is in his hand.

להיות פוסק עלו – a profit.

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.

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].

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.