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Week 102 - Monday - 5 November 2001

BAVA METZIA: CHAPTER 7: MISHNAH 4

If he works on figs, he may not eat of the grapes; on grapes, he may not eat of the figs. But he may restrain himself until he reaches the place of the finest and eat. And all, they said, only during the time of work; but for the sake of returning a lost article to the owner, they said, the workers may eat when walking from row to row, and when returning from the winepress, and concerning an ass, when it is being unloaded.

Kehati

This mishnah continues to discuss the worker who eats of the produce while he is working. It teaches that he may eat only of that produce on which he is working, and only when he is actually working.

If he - the worker - works on figs, he may not eat of the grapes - even if he is paid to work on both figs and grapes; as long as he is working on the figs, he may not eat of the grapes at all, but only of the figs. If he was working - on grapes, he may not eat of the figs - as it is said, "When you come into your neighbor's vineyard, then you may eat grapes" (Deut. 23:25). The Jerusalem Talmud explains, asking why the Torah included the phrase, "then you may eat grapes," since it is obvious that the vineyard contains grapes. But this teaches that if he is working among the figs, he may not eat of the grapes, and if he is working among the grapes, then he may not eat of the figs. The Babylonian Talmud learns this from the injunction, "but you shall not put any in your vessel" (ibid.) - i.e., you may eat from the type of produce which you are putting into the owner's vessel (Gemara B. M. 91b).

But he - the worker - may restrain himself - from eating the inferior produce - until he reaches the place - where he works with - the finest - produce - and eat - from it, until he is satisfied.

And - concerning - all - the workers who work with produce growing from the earth - they said - that they are permitted to eat from the produce with which they are working - only during the time of work - i.e., during the time they are actually working; this does not mean that the worker can sit down to eat and say, "Until now I restrained myself; now I will sit and eat," but for the sake of returning a lost article to the owner - i.e., in order to save work time for the employer, so that the worker would not stop working in order to eat - they - the Sages - said, the workers may eat when walking from row to row - when they finish one row and are on the way to begin a new row. Even though they are not actually working at this time, this arrangement is nevertheless convenient for the employer - and when returning from the winepress - where they had brought grapes, and they are going to bring more grapes - and concerning an ass - the Sages said that it eats while walking from the load on its back - when it is being unloaded - The Gemara amends this to read "until it is unloaded." I.e., it eats from its load all the time that the load is on its back, until the load is taken off. The Gemara quotes the following baraita: "An ass and a camel eat from the load on their backs, provided that he does not take it in his hand and feed them."

BAVA METZIA: CHAPTER 7: MISHNAH 5

A worker may eat cucumber, even for a dinar, and dates, even for a dinar. Rabbi Eleazar ben Hisma says, A worker may not eat more than his wages. And the Sages permit, but they teach a man not to be ravenous, thereby closing the door against himself.

Kehati

This mishnah continues to discuss the worker's eating from the produce with which he is working. It teaches the amount he is permitted to eat.

A worker - while he is working - may eat cucumber, even for - the value of - a dinar, and dates, even for a dinar - i.e., he is permitted to eat as much as he wants, even if the produce is very expensive.

Rabbi Eleazar (ben) Hisma says, A worker may not eat more than his wages - which he receives for his daily work. The Gemara explains his reasoning: The Torah states, "Then you may eat grapes until you have enough at your own pleasure (kenafshekha)."Rabbi Eleazar (ben) Hisma interprets this literally, "as for your life" meaning as the wages for his work, for which he risks his life (nafsho), even climbing in a dangerous place.

And the Sages permit - the worker to eat even more than his wages - but they teach a man - who is hired to work with produce - not to be ravenous - i.e., gluttonous - thereby closing the door against himself - i.e., employers will refrain from hiring him. The Gemara explains that the First Tanna also holds that a worker is permitted to eat more than his wages, but disagrees with the Sages on the issue of "teaching a man not to be ravenous"; he is of the opinion that one does not teach this to the worker. The law is in accordance with the opinion of the Sages.

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