PAST DEDICATION
BAVA METZIA 111 - Dedicated by Mrs. G. Kornfeld for the ninth Yahrzeit of her mother, Mrs. Gisela Turkel (Golda bas Chaim Yitzchak Ozer), on 25 Av 5770. Mrs. Turkel an exceptional woman with an iron will who loved and respected the study of Torah.

1)WHEN ONE TRANSGRESSES BAL TALIN FOR WITHHOLDING WAGES

(a)(Beraisa): If Reuven told Shimon 'hire workers for me', neither transgresses "Lo Salin";

1.Reuven does not transgress, for he did not hire them. Shimon does not transgress, for they do not work for him.

(b)Question: What is the case?

1.If Shimon said 'it is my responsibility to pay you', he must pay them!

i.(Beraisa): If Levi hired David to work for himself, and set him to work on what is really Yehudah's property, Levi pays David, and can demand that Yehudah pay him the benefit he received.

(c)Answer: Rather, Shimon said 'Reuven will pay you'.

(d)Yehudah bar Mereimar told his servant 'hire workers, and tell them that I will pay them.' (This way, no one will transgress "Lo Salin.")

(e)Mereimar and Mar Zutra would hire workers on behalf of each other.

(f)(Rabah bar Rav Huna): People of Sura (who hire workers and are unable to pay them until the market day) do not transgress "Lo Salin." The workers know that they will not be paid before this;

1.If the employer does not pay on the market day, he transgresses 'Bal Tishaheh'.

(g)(Mishnah): A Sechir Sha'os (one hired by the hour) must be paid that night or day.

(h)(Rav): A Sechir Sha'os for the day (Rashi - to work in the morning) must be paid that day. If he was hired to work at night, he must be paid that night.

(i)(Shmuel): If he was hired for the day, he must be paid that day. If he was hired for the night, he must be paid that night or the coming day.

(j)Question (against Rav - Mishnah): A Sechir Sha'os must be paid that night or day.

(k)Answer (Rav): The Mishnah puts together the laws of two different cases;

1.If he was hired for the day, he must be paid that day. If he was hired for the night, he must be paid that night.

(l)Question (against Rav - Mishnah): If one hired for a week, month, year or Shemitah cycle ends working during the day, he must be paid that day. If he ends working at night, he must be paid that night or the coming day.

(m)Answer (Rav): Tana'im argue about this. (I rule like R. Yehudah.)

1.(Beraisa - R. Yehudah): If he was hired (by the hour and worked) during the day, he must be paid that day. If he worked at night, he must be paid that night;

2.R. Shimon says, if he worked during the day, he must be paid that day. If he worked at night, he must be paid that night or the coming day.

i.Anyone who withholds wages transgresses five Lavim and an Aseh - "Lo Sa'ashok Es Re'acha", "v'Lo Sigzol", "Lo Sa'ashok Sachir Oni", "Lo Salin", "v'Lo Savo Alav ha'Shemesh" and the Aseh "b'Yomo Siten Secharo."

ii.Question: How can one transgress them all? Some of these apply only during the day, and others apply only at night!

iii.Answer (Rav Chisda): The Tana means that there are five Lavim and an Aseh that forbid withholding wages.

2)OSHEK AND GEZEL

(a)Question: What is the difference between 'Oshek' (withholding wages) and theft?

(b)Answer #1 (Rav Chisda): If he keeps saying 'go, come back later', this is Oshek. If he says 'I have your wages, but I will not pay you', this is theft.

(c)Objection (Rav Sheshes): The Oshek for which one brings a Korban is similar to the case of a deposit, i.e. he denies owing (and falsely swears and then admits).

(d)Answer #2 (Rav Sheshes): If he says 'I already paid you', this is Oshek. If he says 'I have your wages, but I will not pay you', this is theft.

(e)Objection (Abaye): The theft for which one brings a Korban is similar to the case of a deposit, i.e. he denies owing (and falsely swears and then admits).

(f)Answer #3 (Abaye): If he says 'I never hired you', this is Oshek. If he says 'I already paid you', this is theft.

1.Question: Why did Rav Sheshes challenge Rav Chisda only regarding Oshek, but not regarding theft?

2.Answer: Perhaps Rav Chisda meant that outside of Beis Din the thief said 'I will not return to you', and in Beis Din, he denied stealing (and swore falsely).

3.Question: If so, we can similarly defend Rav Chisda regarding Oshek! (Outside of Beis Din he said 'go, come back later.' In Beis Din, he denied owing.)

4.Rejection: No. Regarding theft it says "(and he denied...) Oh b'Gezel", (even if he denied only now, but beforehand he did not deny);

i.Had it said 'Oh b'Oshek', we would say the same about Oshek (even if he denied owing wages only now, but beforehand he did not deny);

ii.Rather, it says "Oh Oshak", which connotes that he denied owing wages from the beginning.

(g)Answer #4 (Rava): Oshek and theft are the same;

1.The Torah gives it another name to obligate one who transgresses with an extra Lav.

3)FOR WHICH WAGES DOES ONE TRANSGRESS?

(a)(Mishnah): One who withholds wages of a worker or rental of an animal or Kelim transgresses "b'Yomo Siten Secharo" and "Lo Salin Pe'ulas Sachir Itecha Ad Boker";

1.This is when the worker asked for his wages. If not, the employer does not transgress.

(b)He does not transgress if he arranged with a grocer or moneychanger to pay the worker (and the employer will reimburse him).

(c)In the time a worker should be paid (if he argues with his employer about whether he was paid), he swears and collects;

1.After the time he should be paid, he does not swear and collect;

2.If witnesses saw the worker demand his wages (before the due time, and he was not paid), he swears and collects (after the time).

(d)"B'Yomo Siten Secharo" applies to one who hires a Ger Toshav, but not "Lo Salin Pe'ulas Sachir Itecha Ad Boker";

(e)(Gemara) Question: Who is the Tana of the Mishnah? It is not the first Tana of the Beraisa of 'Achicha', nor R. Yosi b'Rebbi Yehudah!

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(f)(Beraisa): "(Do not withhold wages of a poor worker) me'Achicha" excludes Nochrim;

1."Mi'Gerecha" refers to a convert;

2."Bi'Sh'arecha" refers to a Ger (Toshav) who may eat Neveilos;

3.Question: What is the source to include rental of an animal or Kelim?

4.Answer: "B'Artzecha" includes anything in your land.

i.All the Lavim and the Aseh apply to wages (or rental) of a Yisrael, convert, Ger Toshav, an animal or Kelim - "b'Yomo Siten Secharo" (and the Lavim before and after it) and "Lo Salin Pe'ulas Sachir" (and the other Lavin in that verse).

(g)R. Yosi b'Rebbi Yehudah says, "b'Yomo Siten Secharo" applies to a Ger Toshav, but "Lo Salin" does not;

1.Only "Lo Sa'ashok" applies to rental of an animal or Kelim.

2.Recap of question: Our Tana is not the first Tana, nor R. Yosi b'Rebbi Yehudah!

i.It is not the first Tana, for he says that all the Lavim apply to a Ger Toshav!

ii.It is not R. Yosi, for he says that only "Lo Sa'ashok" applies to rental of an animal or Kelim!

(h)Answer (Rava): Our Tana is Tana d'Vei R. Yishmael.

1.(Beraisa - Tana d'Vei R. Yishmael): One who withholds wages of a worker or rental of an animal or Kelim transgresses "b'Yomo Siten Secharo" and "Lo Salin Pe'ulas Sachir Itecha Ad Boker";

2."B'Yomo Siten Secharo" applies to a Ger Toshav, but "Lo Salin" does not.

4)HOW THE TANA'IM LEARN THE VERSES

(a)Question: How does the first Tana of the Beraisa of ''Achicha" learn?

(b)Answer: He learns from a Gezeirah Shavah "Sachir-Sachir" (just like "Lo Sa'ashok" (and the adjacent Mitzvos) apply to a Ger Toshav, also "Lo Salin" and the other Mitzvos in that verse);

1.R. Yosi b'Rebbi Yehudah does not learn from the Gezeirah Shavah.

2.Question: Even so, he should say that "b'Yomo Siten Secharo" applies to rental of an animal or Kelim (this is written after "b'Artzecha", which teaches that one transgresses for them)!

3.Answer (R. Chananya): "V'Lo Savo Alav ha'Shemesh Ki Oni Hu" - the Mitzvos of this verse only apply to people, who can become poor.

4.Question: What does the first Tana learn from "Ki Oni Hu"?

5.Answer: If the employer does not have enough to pay all his workers, he should first pay poor workers;

6.R. Yosi b'Rebbi Yehudah learns that from "Lo Sa'ashok Sachir Oni v'Evyon".

7.The first Tana needs one verse to teach that we pay a poor worker before a rich one, and another verse to teach that we pay a poor worker before a destitute one. The Torah needed to teach both of these;

i.Had it taught only that we pay a poor worker before a destitute one, one might have thought that this is because a destitute worker does not let shame stop him from asking for his wages, but rich and poor workers both are embarrassed to ask for their wages, so neither has precedence over the other;

ii.Had it taught only that we pay a poor worker before a rich one, one might have thought that this is because a rich worker does not need the money so badly, and since a destitute worker needs the money more than a poor worker, he would be paid first.

(c)Question: How does our Tana learn?

1.If he learns the Gezeirah Shavah "Sachir-Sachir", all the Mitzvos should apply to a Ger Toshav!

2.If he does not learn the Gezeirah Shavah, how does he know that all the Mitzvos apply to rental of an animal or Kelim?

(d)Answer: Really, he does not learn the Gezeirah Shavah;

1."Lo Salin Pe'ulas Sachir Itecha Ad Boker" includes all cases when work was done for you (and you did not yet pay for it).

(e)Question: If so, this should include wages of a Ger Toshav!

(f)Answer: "Re'acha" excludes a Ger Toshav.

(g)Question: This should also exclude rental of an animal or Kelim!

(h)Answer: "Itecha" includes them.

(i)Question: Why do we include animals and Kelim, and exclude a Ger Toshav, and not vice-versa?

(j)Answer: Presumably we include animals and Kelim, for these are the money of "Re'acha".

(k)Question: What does the first Tana of the Beraisa learn from "Re'acha"?

(l)Answer (Beraisa): "Re'acha" excludes an Amaleki (or any Nochri).

(m)Question: "Achicha" excludes an Amaleki!

(n)Answer: One verse permits withholding his wages, and the other permits stealing from him. (The Halachah does not follow this opinion.)

1.The Torah must teach both.

2.Had it permitted only stealing from him, one might have thought that this is because he did not work for it, but one may not withhold his wages;

3.Had it permitted only withholding his wages, one might have thought that this is because he never received the money, but one may not steal his money.

(o)Question: What does R. Yosi b'Rebbi Yehudah learn from "Lo Salin Pe'ulas Sachir Itecha Ad Boker"?

(p)Answer: He learns Rav Asi's law (as follows).

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