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Week 102 - Tuesday - 6 November 2001

BAVA METZIA: CHAPTER 7: MISHNAH 6

A man may stipulate for himself, for his adult son and daughter, for his adult bondman and bondwoman, for his wife, since they have understanding. But he may not stipulate for his minor son and daughter, nor for his minor bondman and bondwoman, nor for his animal, since they do not have understanding.

Kehati

This mishnah discusses the worker who waives his right to eat from the produce while he is working with it, in return for a special payment to be paid him by his employer.

A man may stipulate - A worker may come to an agreement with his employer to be paid money instead of eating during his work - for himself -i.e., that he himself will not eat. He is also permitted to conclude such an agreement - for his adult son and daughter, for his adult - Canaanite - bondman and bondwoman - (Maggid Mishneh) - for his wife - He is permitted to make an agreement, with their knowledge, for any of these with the employer who hired them, that they will not eat during their work, since they have understanding - to forego their eating.

But he may not stipulate - he is not permitted to make such a condition – for - on behalf of - his minor son and daughter, nor for his minor bondman and bondwoman, nor for his animal, since they do not have understanding - to forego their eating. The Gemara explains that a person is not authorized to forego the right of his minor children or the right of his bondmen, even though he receives their wages, and provides their food, since the food they eat while working is not their father's or master's, but is from Heaven.

BAVA METZIA: CHAPTER 7: MISHNAH 7

If one hires workers to work on his trees of the fourth year, they may not eat from them. If he did not inform them, he redeems and feeds them. If one's fig cakes were broken, his casks were opened - they may not eat from them. If he did not inform them, he must separate ma'aser and feed them.

Kehati

If one hires workers to work on - the fruit of - his trees of the fourth year - after their planting, which may be eaten only in Jerusalem, or which can be redeemed, with the owner consuming their redemption money in Jerusalem they may not eat from them - while they are working, since it is forbidden to eat them outside Jerusalem. We do not say that the workers thought that the owner would redeem the fruit so that they could eat; but since they did not conclude an explicit agreement to this effect they are not permitted to eat these fruits (Nimukei Yosef).

If he did not inform them - at the time he hired them, that these are fourth-year fruits and that they may not eat from them. E.g., he hired them to pick grapes in a vineyard, but did not inform them that this was a fourth-year vineyard - he - the owner - redeems - the fruits - and feeds them - so that they may eat from them during the time they are working. If he would have informed them, they might not have hired themselves out to him, and this is as a transaction based on an error (Maggid Mishneh).

If one's fig cakes were broken - i.e., they came apart, and he hired workers to join them together again, or - his casks - of wine - were opened - and he hired workers to seal them - they may not eat from them - since the work rendering them liable for tithing was already completed, and they are tevel (produce from which the tithe has not been set aside).

If he did not inform them - at the time that he hired them, that the cakes or casks on which they would work were already completed for tithing liability, and the workers thought that they were not yet liable for tithing, and that they could therefore eat from them; this would be as a transaction based on an error.

He must separate - their ma'aser - and feed them - i.e., and let the workers eat from them while they are working.

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