1)

WAGES FOR WORKING WITH 'YAYIN NESECH'

(a)

(Mishnah): If a Nochri hired a Yisrael to work with Yayin Nesech, the wages are forbidden;

1.

If he hired him for different work, even if he asked him to transport a barrel of Yayin Nesech, the wages are permitted.

(b)

If a Nochri rented a Yisrael's donkey to carry Yayin Nesech, the wages are forbidden;

1.

If he rented it to ride on, even if he puts his wine pouch on it, the rental is permitted.

(c)

(Gemara) Question: Why are the wages forbidden?

(d)

Answer #1: Since one may not benefit from Yayin Nesech, also the wages are forbidden.

(e)

Rejection: One may not benefit from Orlah and Kilai ha'Kerem, yet we do not forbid all benefit from them!

1.

(Mishnah): If one sold Isurei ha'Na'ah (e.g. Orlah or Kilai ha'Kerem) and was Mekadesh a woman with the money, she is Mekudeshes.

(f)

Answer #2: Since Yayin Nesech transfers its Isur to whatever it is exchanged for, also the wages are forbidden.

(g)

Rejection: Shemitah transfers its Isur, yet its wages are permitted!

1.

(Mishnah): If Reuven told a worker (Shimon) 'here is a Dinar. Gather its value of Shemitah Peros for me', (it is as if Shimon gathers fruit and sells it, so) the money is forbidden (after the time for Bi'ur, like Peros Shemitah);

2.

If he told him 'here is a Dinar. Gather Shemitah Peros for me', it is permitted. (Shimon merely works for Reuven.)

(h)

Answer #3 (R. Avahu): Chachamim made fines to forbid wages of donkey-drivers and Yayin Nesech.

(i)

Question: What is the fine about donkey-drivers?

(j)

Answer (Beraisa): If donkey-drivers were working with Shemitah Peros, their wages are Shemitah.

(k)

Question: What does it mean 'their wages are Shemitah'?

(l)

Answer #1: The employer pays them with Shemitah Peros.

(m)

Rejection: One may not pay a debt with Shemitah Peros. They are "Le'achlah", and not for business!

(n)

Answer #2: Rather, their wages have Kedushah of Shemitah. (One must buy food with them, and the food gets Kedushas Shemitah.)

(o)

Rejection (Mishnah): If Reuven told a worker 'here is a Dinar. Gather its value of Shemitah Peros for me', the money is forbidden;

1.

If he told him 'here is a Dinar. Gather Shemitah Peros for me', it is permitted. (The latter applies to their wages, for they did not sell Peros.)

(p)

Defense of Answer #1 (Abaye): Really, he pays them with Shemitah Peros;

1.

He gives in the permitted way (for a gift).

2.

(Mishnah): Levi may not tell Yehudah 'take this Ma'aser Sheni to Yerushalayim, we will divide it there' (this is like paying for his labor with Ma'aser Sheni);

62b----------------------------------------62b

i.

He may say 'take it to Yerushalayim. We will eat it there', and they give to each other a free gift.

(q)

Defense of Answer #2 (Rava): Really, their wages have Kedushas Shemitah;

1.

A regular worker's wages (for picking Shemitah Peros) are permitted. Chachamim decreed only about wages of donkey-drivers, which are great.

2.

We are stringent about Yayin Nesech to forbid even a regular worker's wages.

2)

DISPOSING OF FORBIDDEN WAGES

(a)

Question: If a worker was hired to work with wine of a Nochri (we do not know whether he was Menasech it), are the wages permitted?

1.

Since we forbid benefit from Nochri wine, like Yayin Nesech, we forbid also its wages;

2.

Or, since it is not Tamei like Yayin Nesech, we do not forbid its wages?

(b)

Answer: We learn from the following:

1.

A Nochri rented Reuven's boat to transport wine. He paid with wheat.

2.

Rav Chisda: You must burn the wheat and bury it in a cemetery.

3.

Question: Why can't he scatter it?

4.

Answer: People will come to gather it and benefit from it. This is forbidden.

5.

Question: Why can't he burn it and scatter it?

6.

Answer: People will use it for fertilizer.

7.

Question: Why can't he bury it intact?

i.

(Beraisa): The following are buried with one who is executed: the rock used to kill him, the wood he was hung from, the sword used to kill him, or the cloth used to choke him.

8.

Answer: Those are buried in a cemetery of Beis Din. People realize that they (were used for execution and) are forbidden;

i.

Here, if one finds the wheat in the ground, he will think that a thief buried it. He will not know that it is forbidden.

3)

A DELAYED EXCHANGE

(a)

R. Yanai's household used to borrow Shemitah Peros from poor people, and pay them back in the eighth year. People told this to R. Yochanan.

(b)

R. Yochanan: That is proper. A similar case regarding an Esnan (wages of a harlot) is permitted.

1.

(Beraisa): If Reuven gave an Esnan to a harlot and did not have relations with her, or he had relations with her and did not give to her, the Esnan is permitted (to be a Korban).

2.

Objection #1: If he did not have relations with her, it is a mere gift. Obviously it is permitted!

3.

Objection #2: If he did not give to her anything, there is no Esnan! What does 'her Esnan is permitted' mean?!

4.

Answer: It means, if he gave an Esnan to a harlot and later had relations with her, or he had relations with her and later gave to her an Esnan, it is permitted.

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