Wednesday, September 24, 2008

Gittin 75 - Contracts Based on Unfulfilled Conditions

A man said to his sharecropper, "Sharecroppers usually water the field three times a year and take one-fourth of the produce as payment for their work. However, you will water four times a year and take one-third of the crop." The sharecropper accepted the proposal. Eventually, the rain came and made it unnecessary to water the crops for the fourth time.

One side: since the sharecropper did not actually irrigate a fourth time, only one-quarter of the produce is due him. Another: since irrigating the fourth time was unnecessary, the sharecropper takes one-third. The second point of view is preferred.

Art: Landscape with Conversing Peasants by Pieter de Molyn

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