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Week 102 - Sunday - 4 November 2001

BAVA METZIA: CHAPTER 7: MISHNAH 2

And these eat by Biblical law: the one who works on what is attached to the soil when completing the work, and on what is detached from the soil before its work is completed; to what grows from the earth. And these may not eat: whoever works on what is attached to the soil not when the work is being completed, and on what is detached from the soil after its work is completed, and on what does not grow from the earth.

Kehati

We learned in the previous mishnah that workers are fed by their employer in accordance with either the local custom or the terms of an agreement between them concerning the provision of food. The current mishnah teaches that the Torah authorizes workers to eat from what they are working on, even without the sanction of local custom or a special agreement for the provision of food. The Torah states, "When you come into your neighbor's vineyard, then you may eat grapes until you have enough at your own pleasure ... When you come into your neighbor's standing corn, then you may pluck ears with your hand" (Deut. 23:25-26). We learn by tradition that this law refers only to a worker, who is permitted to eat from the produce upon which he is working.

And these - workers - eat by Biblical law - of the produce on which they are working, as has been explained above: the one who works on - produce - attached to the soil - eats from it - when completing the work - i.e., when the produce is ripe, and he detaches it from the ground, such as one picking grapes or olives. The Torah states, "But you shall not put any in your vessel" (Deut. 23:25), which was interpreted to mean, you may eat while you are putting the produce into the owner's vessels, but you are forbidden to eat when you are not putting the produce into the owner's vessels, and - the one who works - on - produce - detached from the soil - may eat from it - before its work is completed - when he is occupied with it, before completing the work which would render it liable for tithing (if only the obligation of ma'aser [tithe) falls upon it; for any item which requires the giving of hallah [the priest's share of the dough), he may eat from the produce until completing the work which would render it liable for separating the hallah).

This law applies specifically - to what grows from the earth - There are baraitot quoted in the Gemara which learn all this from the verse in the Torah, "You shall not muzzle the ox when he threshes" (Deut. 25:4). It was learned from the specific mention of the word "ox," instead of the more general formulation, "Do not thresh while muzzled," that in mentioning both man and ox, the Torah compares the muzzler to the muzzled and the muzzled to the muzzler (i.e., the man to the ox, and the ox to the man) with respect to that eaten by workers: i.e., just as a man eats from what is attached, so the ox eats what is attached; just as an ox eats what has been detached (i.e., during the time of threshing), so a man eats what has been detached as long as he is working with it. It was learned from the use of the words "when he threshes," instead of the more general formulation, "You shall not muzzle the ox when it does its work," that in this matter the Torah wished to compare all work with threshing: i.e., just as threshing concerns produce that grows from the earth, and the one doing it eats from this produce, so a worker may eat from anything which grows from the earth. This excludes workers occupied in milking, churning, and cheese-making, who may not eat from the produce during their work, since these activities are not with produce which grows from the earth. And just as one threshing may eat from the produce because it takes place on produce before this is liable for ma'aser and hallah, so also the worker may eat from any item as long as the work rendering it liable for ma'aser and hallah has not been completed. This excludes the worker who separates dates and dried figs (which are stuck one to another, and which must be separated with a rake - Rashi); the worker may not eat from them since their preparation for ma'aser is concluded. This excludes the kneader, and the worker, who tear off pieces of dough and moisten them to make lumps of dough, and the baker, who may not eat from the produce since its preparation for hallah has been completed. The one sifting stalks from wheat adjoining it after it has been tithed may eat it, however, since their preparation for hallah liability has not yet been completed (Hil. Sekhirut 12:5; see Hasagat Ravad and the interpretations of Rambam loc. cit.).

And these - workers - may not eat - by Torah law, but only if it is local practice for those working with these types of produce to eat from them while working, or if they concluded an agreement with their employer permitting them to eat:

Whoever works on what is attached to the soil not when the work is being completed - e.g., a worker who hoes under the vines may not eat from the grapes, and the worker who weeds among onions and garlic may not eat from them. Although he uproots the small plants from among the large ones, he still is not permitted to eat from them, since he does not uproot them for their own sake, but rather to make more room for the large plants. This is not considered the time of completing the work.

And on what is detached from the soil after its work - preparation for ma'aser - is completed - e.g., the one who separates dates, whose preparation for ma'aser has already been completed, or the one who works with dough after the requirement of hallah already applies to it, may not eat from them, as we have already explained above.

And on what does not grow from the earth - e.g., one who works with milk, meat, or similar foodstuffs, is not permitted to eat from them, for the reason which has already been explained above.

BAVA METZIA: CHAPTER 7: MISHNAH 3

If he worked with his hands, but not with his feet, with his feet, but not with his hands, even with his shoulder, such a one may eat. Rabbi Yose ben Yehudah says, until he works with his hands and his feet.

Kehati

This mishnah is a continuation of the previous mishnah. It elaborates on the worker's right, granted by the Torah, to eat from the produce with which he is working.

If he - the worker - worked with his hands, but not with his feet - such as a reaper or a grape picker, with his feet, but not with his hands - e.g., one who tramples or threshes with his feet - even with his shoulder - such as a porter hired by the owner to carry loads, (i.e., to carry produce from one place to another) - such a one may eat - of the produce, by law of the Torah.

Rabbi Yose ben Yehudah says - The worker is not entitled by the Torah to eat the produce with which he is working - until he works with - both - his hands and his feet - the Gemara explains that he bases his opinion on the analogy which was drawn between the muzzler and the muzzled one, i.e., man and the ox (as was explained in the previous mishnah). Just as an ox works with its four feet (its "hands and feet"), so must a man use both his hands and feet in order to be entitled to eat of the produce. The First Tanna, however, bases his opinion on the verse "When you come into your neighbor's vineyard," learning from this that the Torah includes any method of working. The law is in accordance with the First Tanna.

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