1)

THE RIGHTS OF A WORKER TO EAT (Yerushalmi Ma'asros Perek 2 Halachah 4 Daf 11b)

úîï úðéðï äéä òåùä áúàðéí ìà éàëì áòðáéí áòðáéí ìà éàëì áúàðéí

(a)

(Mishnah in Maseches Bava Metzia): If a worker was working with figs, he may not eat grapes; and vice-versa.

åúðé òìä äéä òåùä áééçåø æä ìà éàëì áééçåø àçø

(b)

(Baraisa on that Mishnah): If he was working with a certain branch, he may not eat from a different branch.

åúðéðï äéä òåùä áëìåñéí ìà éàëì ááðåú ùáò ááðåú ùáò ìà éàëì áëìåñéí.

(c)

Question: Our Mishnah (Chulin 138(e)) taught that if a worker was harvesting poor figs, he may not eat from Bnos Sheva (good figs) and vice-versa. (If the Baraisa said that one cannot even eat from a different branch, why would our Mishnah need to teach that one cannot eat from another type of fig?!)

ìà ëï öøéëä àôéìå ùúéäï áééçåø àçã.

(d)

Answer: It's needed when one type was grafted onto the branch of another type.

ëúéá (ãáøéí ëâ) ëé úáà á÷îú øòê éëåì áùàø ëì àãí äëúåá îãáø úìîåã ìåîø åàì ëìéê ìà úúï àáì [àú] ðåúï àú ìëéìéå ùì çáéøê åàé æä (æä) æä äôåòì.

(e)

The pasuk states (Devarim 23:25), "When you enter your neighbor's vineyard...'' I might have thought that the pasuk is permitting anyone to eat from a person's grapes at harvest time. The pasuk states, "but you may not put (any) into your vessel''. However, you may put into your friend's vessel. This refers to a worker.

[ãó ë òîåã à (òåæ åäãø)] åàëìú òðáéí åëé àéï àðå éåãòéï ùàéï áëøí ìåëì àìà òðáéí îä úìîåã ìåîø åàëìú òðáéí àìà îéëï ùàí äéä òåùä áúàðéí ìà éàëì áòðáéí áòðáéí ìà éàëì áúàðéí.

(f)

"And you shall eat grapes''. Don't we know that the only thing that grows in a vineyard is grapes? Rather, it teaches that if he is working with figs, he may not eat grapes; and vice-versa.

ëðôùê ëì ãáø ùäéöø úàá. ëðôùê ëì ãáø ùäåà ôèåø îï äîòùøåú. îä àú àåëì åôèåø àó ôåòì àåëì åôèåø. )áðôùê([ëðôùê] (îéëï ùìà éàëì äôåòì éåúø òì ùëøå) îéëï äéä øáé àìòæø çñîà àåîø ìà éàëì äôåòì éåúø òì ùëøå.

(g)

"As you desire'' - whatever your inclination desires, you may eat. "As you desire'' - anything that is exempt from Ma'asros - just as you (the owner) may eat and he is exempt, so too the worker may eat and is exempt. "As you desire'' (meaning only what your soul needs to sustain itself) - the worker may not eat more than the value of his wage. From here R. Elazar Chisma would also say that a worker may not eat more than his wage.

îðééï [ãó éá òîåã à] ùðôùå ÷øåééä ùëøå

(h)

Question: And from where do we know that his 'soul' refers to his wage?

øáé àáäå áùí øáé éåñé áï çðéðà ðàîø ëàï ðôùå åðàîø ìäìï ðôùå ãëúéá (ãáøéí ëã) åàìéå äåà ðåùà àú ðôùå îä ðôùå äàîåøä ìäìï ùëøå àó ëàï ùëøå.

(i)

Answer (R. Abahu citing R. Yosi ben Chanina): The same phrase 'his soul' is used in the pasuk (Devarim 24:15), "(You shall give him his wage on his day and not let the sun set over it, for he is poor) and he risks his life for it'' - just as over there, 'his soul' refers to his wage, so too here.

ùáòê ùìà éäà àåëì åî÷éà. ùáòê ùìà éäà î÷ìó áúàðéí åîöîõ áòðáéí.

(j)

(ibid 23:25) "Until you are satiated'' - don't eat so much that you eat and vomit it out. "Until you are satiated'' - don't eat the flesh and discard the skin of the figs or grapes.

øùàéí äôåòìéí ìèáì (òîå)[ôúï] áöéø áùáéì ùéàëìå òðáéí äøáä.

(k)

Workers may dip their bread in brine so that they will (have an appetite to) eat many grapes.

øùàé áòì äáéú ìäù÷åúï ééï áùáéì ùìà éàëìå òðáéí äøáä.

(l)

The employer may give them wine to drink so that they will (have less appetite and) eat less grapes.

øùàé áòì äôøä ìäøòéáä áìéìä áùáéì ùúàëì äøáä áùòä ùäéà ãùä.

(m)

A cow owner may leave the cow hungry at night so that it will eat a lot when it is threshing (for those that hire it).

øùàé áòì äáéú ìäàëéìä ô÷éòé òîéø áùáéì ùìà úàëì äøáä áùòä ùäéà ãùä.

(n)

An owner may feed it bundles of sheaves so that it won't eat a lot while threshing.

øáé àáäå àîø äúøéâå ìáäîéï. øáé çððéà îééëìéï ãáéìä. øáé îðà îéëìéï àéñèôðéðé.

(o)

R. Abahu said - Give Esrogim to animals (so that they don't eat the grains). R. Chananya would feed them dried fig rings. R. Mana would feed them Istafnini parsnips.

úðé øáé çééä àåëì ôåòì àùëåì øàùåï.

(p)

(Baraisa) (R. Chiya): A worker may eat the first cluster (even though he hasn't yet put anything into the vessel of the employer).

úðé àùëåì àçøåï.

1.

(Baraisa): He may eat from the last cluster (even though he will no longer put anything into the vessel of the employer).

øáé ùîåàì áùí øáé äéìà ðúðå ìñì àñåø.

(q)

(R. Shmuel citing R. Hila): Once he has put it in the basket, he may not take from it (since his work with that fruit is complete).

àîø øáé éåñé ìà ëï öøéëä ëùäéä äåà áåöø åàçø îåìéê [ãó ë òîåã á (òåæ åäãø)] àáì àí äéä äåà áåöø äåà îåìéê, áúçéìä àåëì îùåí äìëåú îãéðä åìáñåó àåëì îùåí ôåòìéï.

(r)

(R. Yosi): It's needed when he was picking grapes and someone else was carrying them, but if he was also carrying them, he may eat at the beginning (when the grapes are in the basket) as one who is guarding fruit, which permits him to eat according to local custom. At the end (when he is carrying the basket), the Torah permits him to eat as a worker.

äôåòìéí àåëìéï áäìéëúï îàåîï ìàåîï åáçæéøúï ìâú åáçîåø ùúäà ôåø÷ú.

(s)

Workers may eat even when they are going from row to row and when they are returning to the winepress and they may eat from the load on top of the donkey.

úðé îòøéí àãí òì ôåòìéå ìäéåú àåëìéï úùò å÷åöéï àçú

(t)

(Baraisa): A person may avoid his workers tithing the produce he gives them by having them eat nine fruits and leave one to dry.

àéú úðéé úðé ÷åöéï úùò åàåëìéï àçú.

1.

Another version teaches - ...by having them leave nine to dry and eating one.

ðéçà àåëìéï úùò å÷åöéï àçú ÷åöéï úùò åàåëìéï àçú.

(u)

Question: The first version is understandable (as it's permitted even though it appears deceitful), but why would the Baraisa need to teach us the other version? (This doesn't involve any form of deceit at all?!)

àîø øáé àáéï ùìà úàîø éòùä ëìàçø âîø îìàëä åéäà çééá.

(v)

Answer (R. Avin): It's needed so that you should not say that when the workers eat the last fig, it's considered to be done after the figs are complete and it should be obligated.

ðéçà ìàëåì çééá ì÷öåú çééá.

(w)

Question: (The Mishnah taught (Chulin 138(f)) that one who exchanges fresh figs or drying figs with his friend or he exchanges his fresh figs for his friend's drying figs, he is obligated to tithe (as it's like a sale).) It's understandable that to exchange fresh figs obligates like a sale (since they are complete), but to exchange drying figs, why is he obligated (since they aren't yet complete)?

àîø øáé ìòæø ãøáé îàéø äéà ãøáé îàéø àîø î÷ç èåáì áôéøåú ùìà ðâîøä îìàëúï.

(x)

(R. Elazar): It's the opinion of R. Meir, that an acquisition can even obligate fruits that are incomplete.

àîø øáé ìòæø øáé îàéø åøáé ìéòæø ùðéäï àîøå ãáø àçã ëîä ãøáé ìéòæø àåîø úøåîä èåáìú áôéøåú ùìà ðâîøä îìàëúï. ëï øáé îàéø àåîø î÷ç èåáì áôéøåú ùìà ðâîøä îìàëúï:

(y)

(R. Elazar): R. Meir and R. Eliezer said the same thing - just as R. Eliezer says (see earlier Chulin 136 (e)1.) that separating Terumah even obligates fruits that are incomplete; similarly R. Meir says that an acquisition can even obligate fruits that are incomplete.

HADRAN ALACH PEREK HAYAH OVER