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Laws of Feeding Workers and Animals
Property Law
Sources
A
When workers are performing activities with produce that grows from the earth, but the work required for it has not been completed, and their actions bring the work to its completion, the employer is commanded to allow them to eat from the produce with which they are working. This applies whether they are working with produce that has been harvested or produce that is still attached to the ground.
This is derived from Deuteronomy 23:25, which states: "When you enter the vineyard of your colleague, you may eat grapes as you desire," and
ibid…
Mishneh Torah, Hiring 12-13
Rabbi Ami stated
an alternative answer:
A verse is not required
to teach the right of
a person
to eat
from detached
produce, as
it is written: “When you come into your neighbor’s vineyard,
then you may eat grapes” (Deuteronomy 23:25).
Are we not dealing
even with a case in
which
the employer
hired
the laborer
to transport
the grapes out of the vineyard,
and
yet
the Merciful One states
that
he may eat?
The Gemara asks:
From where do we
derive that
an ox
must be allowed to eat
from attached
…
Bava Metzia 88b:13-89b:9
The expression: “until
you have enough”
indicates that a laborer may eat until he is satiated,
but
he
may not
engage in
excessive eating.
The phrase
“but you may not put any in your vessel”
teaches that
at a time when you put
the grapes
in the owner’s vessels,
i.e., when harvesting the grapes, then
you may eat, but at a time when you are not putting
the grapes
in the owner’s vessels,
i.e., if the laborer is performing other tasks in the vineyard before harvesting,
you may not eat.
Bava Metzia 87b:21
§
Rami bar Ḥama raises a dilemma:
If one
placed a thorn in the mouth
of a threshing animal,
what is
the
halakha
? The Gemara is puzzled by this question: If
he placed
the thorn
in its
mouth, this
is
certainly considered
proper muzzling. Rather,
the dilemma should be formulated as follows: If
a thorn settled in its mouth
and one did not remove it,
what is
the
halakha
? The Gemara poses a similar question: If
one made a lion crouch over it from outside,
to frighten the animal and stop it from eating…
Bava Metzia 90b:5-13
MISHNA:
If a laborer
was performing
labor
with his hands but not with his feet,
or
with his feet but not with his hands,
e.g., pressing grapes, or
even
if he was performing labor only
with his shoulder, this one may eat
the produce of the field.
Rabbi Yosei, son of Rabbi Yehuda, says:
A laborer may not eat
unless he performs
labor
with his hands and with his feet.
GEMARA:
The Gemara asks:
What is the reason
for the ruling of the Rabbis stated in the first clause of the mishna? The Gemara explains…
Bava Metzia 91b:4-92a:17
MISHNA:
A man can stipulate on his own behalf
that he receive a certain increase in his wages instead of eating the produce with which he works, and similarly, he can stipulate this
on behalf of his adult son or daughter, on behalf of his adult
Canaanite
slave or
Canaanite
maidservant, or on behalf of his wife,
with their agreement,
because they have
the basic level of mental
competence,
i.e., they are legally competent and can therefore waive their rights…
Bava Metzia 93a:5-14
The Gemara answers: The one who maintains that robbery from a gentile is permitted
interprets
the phrase
“in your neighbor’s vineyard”
as teaching that a laborer may eat produce only in his neighbor’s vineyard,
but
he
may not
eat produce
of consecrated
property. The
baraita
continues: The term
“then you may eat”
indicates that a laborer must eat the entire grape
and may not suck
its juice and cast the rest away. The word
“grapes”
teaches that a laborer may eat only grapes by themselves
and not grapes and something else,
i.e…
Bava Metzia 87b:19
or that thresh
teruma
and tithe,
which one may not allow his cows to eat, if he muzzles them
he does not violate
the prohibition of:
Do not muzzle, but due to the appearance of
prohibition, as observers are unaware that he is acting in a permitted manner, he should
bring a piece of that species
of produce
and hang it in the basket [
bateraskalin
] that is by
the animal’s
mouth. Rabbi Shimon ben Yoḥai says:
He does not have to use the same food that the animal is threshing, as he
may bring vetches and hang
them for
it…
Bava Metzia 90a:1-3
Rather,
the Gemara offers a slightly different answer: It is
not difficult; here,
the ruling in this
baraita
is stated
with regard to definite
teruma
of the tithe,
separated by a Levite from his tithe and given to a priest;
there,
the ruling in that
baraita
is stated
with regard to
teruma
of the tithe from
demai
.
§ The Sages
raised a dilemma before Rav Sheshet:
If the animal
was eating
from the produce it was threshing,
and
it
was excreting diarrhea [
matrezet
]…
Bava Metzia 90a:11-14
The Gemara cites yet another relevant source:
Come
and
hear
a proof from a mishna (93a): In the case of
one who hires a laborer to perform
labor
with his fourth-year produce,
such laborers
may not eat
the fruit, as all fruit of the fourth year of a tree must be taken and consumed in Jerusalem.
And if he did not inform them
beforehand that they were working with fourth-year produce, they are considered to have been hired under false pretenses. Consequently, he must
redeem
the fruit
and feed them.
…
Bava Metzia 92b:3-5
MISHNA:
The
halakha
is the same
whether
concerning
an ox or whether
concerning
any
other
animal with regard to
liability for
falling
into
a pit, and with regard to
keeping its
distance
from
Mount Sinai
at the time of the receiving of the Torah, when it was forbidden for any animal to ascend the mountain,
and with regard to the payment of double
the principal by a thief,
and with regard to
the mitzva of
returning a lost item, and with regard to unloading
its burden…
Bava Kamma 54b:6
If you wish, say
a different answer to the original contradiction between the
baraitot
: This is
not difficult; here,
the ruling in this
baraita
is stated
with regard to definite tithe,
which may not be fed to a cow, whereas
there,
the ruling in that
baraita
is stated
with regard to doubtfully tithed produce [
demai
],
from which one is required to separate tithes by rabbinic law. The Gemara comments:
Now that you have arrived at this
answer, i.e…
Bava Metzia 90a:9
MISHNA:
This mishna details the
halakha
that a laborer is permitted to eat from the produce with which he is working.
And these
laborers
may eat by Torah law:
A laborer
who works with
produce
attached to the ground at the time of the completion of
its
work,
e.g., harvesting produce;
and
a laborer who works
with
produce
detached from the ground before the completion of its work,
i.e., before it is sufficiently processed and thereby subject to tithes…
Bava Metzia 87a:19-87b:17
§
The Sages taught: One who muzzles a cow and threshes with it is flogged, and
in addition
he must pay
the owner of the cow
four
kav
for a cow,
the usual amount it consumes while threshing,
and three
kav
for a donkey.
The Gemara asks:
But isn’t
there a principle that an offender
is not flogged and
also punished by
death, and
likewise
he is not flogged and
rendered liable to
pay?
One who transgresses a prohibition is liable to receive only one punishment for a single offense…
Bava Metzia 91a:4
The Gemara asks:
And is
projecting one’s
voice not
considered
an action according to Rabbi Yoḥanan? But wasn’t it stated
that
amora’im
engaged in a dispute concerning the following case: If one
muzzled
an animal
by
projecting his
voice,
by berating it whenever it tried to eat, has he transgressed the prohibition of: “You shall not muzzle an ox while it treads out the corn” (Deuteronomy 25:4)?
And
similarly, if one
led
different species to work together
by
projecting his
voice,
without performing any action…
Sanhedrin 65b:3
Rav Pappa stated
a different answer:
From the time of
his
pulling
of the cow to rent it for threshing
he was rendered obligated to
provide
its sustenance
when it threshes,
but
as
for flogging, he is not
liable to be
flogged until the
actual
time of muzzling.
In other words, he was liable to pay the monetary payment before he incurred liability to receive lashes, which means that they are two separate liabilities.
Bava Metzia 91a:6
Besides vows, there are other areas of
halakha
where there is a distinction between different varieties of the same food.
We learned
in a mishna
there
(
Ma’asrot
2:8): A hired worker who
was working with
keloppasin
,
a type of fig,
may not partake of
benot sheva
,
a different species of fig, during his work. A worker may partake only of the fruit that he is handling at the time (see Deuteronomy 23:25–26). Similarly, if he was working
with
benot sheva
he may not partake of
keloppasin
…
Nedarim 50b:8
It was stated previously that a buyer is not required to tithe produce by Torah law. If so, the same certainly applies to a laborer. Consequently, the term
kenafshekha
cannot serve to teach that a laborer may eat without tithing, as claimed earlier. The Gemara asks:
Rather, what does
kenafshekha
come
to teach? The Gemara answers: It comes
to
teach
that which is taught in
another
baraita
:
Kenafshekha
can mean: Like your own person.
Just as
with regard to
your own person,
i.e…
Bava Metzia 88b:2
From the laws of the commandment is what they, may their memory be blessed, said (Bava Metzia 87a), what is the difference between someone involved in what is detached and someone who is involved with what is attached: That the one involved with what is detached eats until he finishes his work, and once he finishes his work, it is forbidden for him to eat. But the one who is involved with what is attached — for example, harvesting and reaping — only eats when he has finished his work. For example, the harvester and the reaper would eat after they have filled the basket…
Sefer HaChinukh 576:3-578:2
To not muzzle an animal at the time of its work:
To not prevent an animal from eating that which it is working on, at the time of its work — for example, when it threshes grain or carries straw from place to place on its back — as we do not have permission to prevent it from eating from it. And about this is it stated (Deuteronomy 25:4), “You shall not muzzle an ox in its threshing.” It is from the roots of the commandment [that it is] to teach ourselves that our souls be a good soul that chooses what is right and clings to it and pursues kindness and mercy…
Sefer HaChinukh 596:1-4
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