Torah Community Connections

Week 104 - Sunday - 18 November 2001

BAVA METZIA: CHAPTER 9: MISHNAH 10

If one received a field from his fellow for one week of years for seven hundred zuz, the seventh is included in the count. If he received it from him for seven years for seven hundred zuz, the seventh is not included in the count.

Kehati

Our mishnah deals with joint owners of a courtyard which is in front of their homes. In those days the homes did not open out to a street but rather to a courtyard, which was in most cases the joint property of a number of homes, and the residents used the courtyards for their own diverse purposes. Such a courtyard, which belonged to two or more individuals, was known as a common courtyard, and if, in addition to a space of four amot (cubits) by four amot before each home, there was sufficient space left over for each joint owner to receive an area of at least four amot

If one received a field from his fellow - whether on a sharecropping basis or a lease holding basis (Maggid Mishneh) - for one week of years -i.e., for the seven years of the shemitah (Sabbatical year) cycle - for seven hundred zuz - for the entire seven-year cycle - the seventh - shemitah year - is included in the count - of the years, and he does not deduct for the shemitah year. If he received it from him for seven years for seven hundred zuz - i.e., he did not say "for one week of years," but rather "for seven years" - the seventh (shemitah year) is not included in the count - and he remains in the field for seven crop years, not including the shemitah year among them.

BAVA METZIA: CHAPTER 9: MISHNAH 11

One hired by the day collects throughout the night. One hired by the night collects throughout the day. One hired by hours collects throughout the night and throughout the day. One hired by the Sabbath, one hired by the month, one hired by the year, one hired by the week of years if he went out during the day, he collects throughout the day; if he went out during the night, he collects throughout the night and throughout the day.

Kehati

It is a positive commandment to pay the hired worker his wages on time, as it is said, "In the same day you shall give him his hire" (Deut. 24:15). And if the employer tarries after the time, he transgresses a prohibition, as it is said, "Neither shall the sun go down upon it" (ibid.) (Hil. Sekhirut 11:1). The Torah also states, "The wages of a hired worker shall not abide with you all night until the morning" (Lev. 19:13). This mishnah teaches the time period during which a hired worker is entitled to collect his wages, and when the employer transgresses the two commandments of the wages "not abiding with you" and paying wages "in the same day."

One hired by the day - who works during the day and finishes his work in the evening - collects - his wages - throughout the - following - night - If the employer did not pay him until the morning, he transgresses the commandment, "the wages of a hired worker shall not abide with you all night until the morning" (Lev. 19:13). The Sages learned from this verse that a day worker collects his wages throughout the night (a baraita quoted in the Gemara).

One hired by the night - who works during the night and finishes his work in the morning - collects - his wages - throughout the - following – day - and if the employer did not pay him until sunset, he transgresses "in the same day you shall give him his wages neither shall the sun go down upon it." The Gemara explains that since the price of hire is only paid at the end of the period of hire, as it is said, "as a worker hired year by year" (Lev. 25:53), the hire for this year is paid only in the following year, the employer does not become indebted to the day worker until after sunset; the passage "the wages of a hired worker shall not abide with you all night until the morning" refers to this case. The passage "neither shall the sun go down upon it" must therefore refer to a night worker, to whom the employer becomes indebted in the morning, when the period of his hired employment has ended.

One hired by - the employer to work several - hours collects throughout the night and throughout the day - The Gemara explains that the intent of the mishnah is that one hired by hours during the night collects throughout the night, and one hired by hours during the day collects all day. One hired - by the employer - by the Sabbath - to work for a week, one hired by the month - to work for one month, one hired by the year - to work for a whole year, one hired by the week of years - to work for the seven years of the shemitah cycle, if he went out - i.e., he finished his work - during the day, he collects throughout the day - and if his employer does not pay him before sunset, he transgresses "the wages of a hired worker shall not abide with you"; if he went out - i.e., he finished his work - during the night, he collects throughout the night and throughout the day -

The Gemara explains that the last part of the mishnah is in accordance with the opinion of Rabbi Shimon. He disagrees with the previous opinion in the mishnah, and maintains that a worker hired for several hours during the night collects throughout the night and the day; according to the previous opinion, however, if the worker completed his work during the night he collects during that night. The law is in accordance with the first opinion in the mishnah (Hil. Sekhirut 11:2).

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