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Rambam - 1 Chapter a Day

Sechirut - Chapter 12

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Sechirut - Chapter 12

1When workers are performing activities with produce that grows from the earth,1 but the work required for it has not been completed,2 and their actions bring the work to its completion,3 the employer is commanded4 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,5 you may eat grapes as you desire,” and ibid.:26, which states: “When you enter the standing grain belonging to your colleague, you may break off stalks by hand.”6אהַפּוֹעֲלִין שֶׁהֵן עוֹשִׂין בְּדָבָר שֶׁגִּדּוּלָיו מִן הָאָרֶץ, וַעֲדַיִן לֹא נִגְמְרָה מְלַאכְתּוֹ, בֵּין בַּתָּלוּשׁ בֵּין בַּמְּחֻבָּר, וְיִהְיוּ מַעֲשֵׂיהֶן הֵן גְּמִירַת הַמְּלָאכָה - הֲרֵי עַל בַּעַל הַבַּיִת מִצְוָה שֶׁיָּנִּיחַ אוֹתָן לֶאֱכֹל מִמַּה שֶׁהֵן עוֹשִׂין בּוֹ, שֶׁנֶּאֱמַר "כִּי תָבֹא בְּכֶרֶם רֵעֶךָ... כִּי תָבֹא בְּקָמַת רֵעֶךָ" (דברים כג, כה-כו).
According to the Oral Tradition, we learned that these verses are speaking solely about a paid worker. For if the owner of the produce did not hire him, what right does the person have to enter his colleague’s vineyard or standing grain without his permission?7 Instead, the interpretation of the verse is that when you enter the domain of your employer for work, you may eat.מִפִּי הַשְּׁמוּעָה לָמְדוּ, שֶׁאֵין הַכָּתוּב מְדַבֵּר אֶלָא בַּשָּׂכִיר; וְכִי אִלּוּ לֹא שְׂכָרוֹ, מִי הִתִּיר לוֹ שֶׁיָּבוֹא בְּכֶרֶם רֵעֵהוּ אוֹ בַּקָּמָה שֶׁלּוֹ, שֶׁלֹּא מִדַּעְתּוֹ? אֶלָא כָּךְ הוּא אוֹמֵר: כִּי תָבוֹא בִּרְשׁוּת בְּעָלִים לָעֲבוֹדָה, תֹּאכַל.
2What are the differences in the application of this mitzvah between a person who performs work with produce that has been reaped and one who works with produce that is still attached to the ground? A person who performs work with produce that has been reaped may partake of the produce as long as the work necessary for it has not been completed.8 Once the work necessary for it has been completed, he may not eat. By contrast, a person who performs work with produce that is still attached to the ground - e.g., a harvester of grapes or a reaper of grain - may not partake of the produce until he has completed his work.9במַה בֵּין הָעוֹשֶׂה בְּתָּלוּשׁ לָעוֹשֶׂה בִּמְּחֻבָּר? שֶׁהָעוֹשֶׂה בַּתָּלוּשׁ, אוֹכֵל עַד שֶׁלֹּא יִגְמֹר עֲבוֹדָתוֹ, וּמִשֶּׁתִגָּמֵר עֲבוֹדָתוֹ - אָסוּר לוֹ לֶאֱכֹל. וְהָעוֹשֶׂה בַּמְּחֻבָּר, כְּגוֹן בּוֹצֵר וְקוֹצֵר - אֵינוֹ אוֹכֵל אֶלָא כְּשֶׁיִּגְמֹר עֲבוֹדָתוֹ.
For example, a person harvests grapes and puts them into a large basket. When the basket is filled, it is taken away and emptied in another place. According to Scriptural Law, the worker may eat only when the basket has been filled.כְּגוֹן שֶׁיִּבְצֹר וְיִתֵּן בַּסַּל עַד שֶׁיְּמַלְּאֶנּוּ, וִינַפֵּץ הַסַּל לְמָקוֹם אַחֵר, וְיַחְזֹר וְיִבְצֹר וִימַלְּאֶנּוּ - אֵינוֹ אוֹכֵל אֶלָא אַחַר שֶׁיְּמַלֵּא הַסַּל.
Nevertheless, in order to prevent the owner from suffering a loss, the Sages ruled that the workers may eat while they are walking from one row to another and while they are returning from the vat, so that they will not neglect their work to sit down and eat.10 Instead, they were granted permission to eat while they are performing their work, so that they will not neglect it.אֲבָל מִפְּנֵי הָשֵׁב אֲבֵדָה לַבְּעָלִים, אָמְרוּ חֲכָמִים: שֶׁיִּהְיוּ הַפּוֹעֲלִין אוֹכְלִין בַּהֲלִיכָתָן מֵאֻמָן לְאֻמָן, וּבַחֲזִירָתָן מִן הַגַּת - כְּדֵי שֶׁלֹּא יְבַטְּלוּ מִמְּלַאכְתָּן, וְיֵשְׁבוּ לֶאֱכֹל, אֶלָא אוֹכְלִין בְּתוֹךְ הַמְּלָאכָה, כִּשֶׁהֵן מְהַלְּכִין בְּטֵלִין.
3When a person neglects his work and eats11 or eats when he has not completed his work,12 he transgresses a negative commandment,13 as Deuteronomy 23:26 states: “You shall not lift a sickle against your colleague’s standing grain.” According to the Oral Tradition, it is explained that as long as the worker is involved in reaping, he should not lift a sickle in order to partake of the produce himself. Similar laws apply in all analogous situations.14גהַמְּבַטֵּל מִמְּלַאכְתּוֹ וְאָכַל, אוֹ שֶׁאָכַל שֶׁלֹּא בִּשְׁעַת גְּמָר מְלָאכָה - הֲרֵי זֶה עוֹבֵר בְּלֹא תַעֲשֶׂה, שֶׁנֶּאֱמַר "וְחֶרְמֵשׁ לֹא תָנִיף..." (דברים כג, כו) - מִפִּי הַשְּׁמוּעָה לָמְדוּ, שֶׁכָּל זְמַן שֶׁהוּא עוֹסֵק בַּקְּצִירָה, לֹא יָנִיף חֶרְמֵשׁ לַאֲכִילָתוֹ. וְכֵן כֹּל כַּיּוֹצֵא בָזֶה.
Similarly, a worker who carries home produce with which he had worked or who takes more than he can eat himself and gives to others15 transgresses a negative commandment,16 as ibid.:28 states: “You may not place in your containers.”וְכֵן פּוֹעֵל שֶׁהוֹלִיךְ בְּיָדוֹ מִמַּה שֶׁעָשָׂה, אוֹ שֶׁלָּקַח יָתֵר עַל אֲכִילָתוֹ וְנוֹתֵן לַאֲחֵרִים - עוֹבֵר בְּלֹא תַעֲשֶׂה, שֶׁנֶּאֱמַר "וְאֶל כֶּלְיְךָ לֹא תִתֵּן" (דברים כג, כה).
The violation of these two prohibitions is not punishable by lashes, because a person who ate when one should not have or took produce home is liable to make financial restitution.17וְאֵין לוֹקִין עַל שְׁנֵי לָאוִין אֵלּוּ - שֶׁאִם אָכַל אוֹ הוֹלִיךְ, חַיָּב לְשַׁלֵּם.
4A person who milks an animal, one who makes butter, and one who makes cheese may not partake of that food, for it is not a product of the earth.18דהַחוֹלֵב וְהַמְּחַבֵּץ וְהַמְּגַבֵּן אֵינוֹ אוֹכֵל, מִפְּנֵי שֶׁאֵינָן גִּדּוּלֵי קַרְקַע.
When a person hoes around onion heads and garlic heads, even though he removes small ones from the larger ones,19 or the like, he may not partake of them,20 because this activity does not constitute the completion of the task.21הַמְּנַכֵּשׁ בַּבְּצָלִים וּבַשּׁוּמִים, אַף עַל פִּי שֶׁתּוֹלֵשׁ קְטַנִּים מִבֵּין הַגְּדוֹלִים, וְכָל כַיּוֹצֵא בְּזֶה - אֵינוֹ אוֹכֵל, מִפְּנֵי שֶׁאֵין מַעֲשֵׂיהֶן גְּמָר מְלָאכָה.
Needless to say, watchmen22 over gardens, orchards and fields where any crops are grown - e.g., cucumber gardens and gourd gardens - may not partake of the produce growing there at all.23וְאֵין צָרִיךְ לוֹמַר שׁוֹמְרֵי גִּנּוֹת וּפַרְדֵּסִים, וְכָל דָּבָר הַמְּחֻבָּר כַּמִּקְשָׁאוֹת וְהַמִּדְלָעוֹת - שֶׁאֵין אוֹכְלִין כְּלָל.
5A person who separates dates and figs at have already been harvested and are stuck together may not partake of them, for the work that obligates the performance of the mitzvah of tithing has been completed.24ההַבּוֹדֵל בַּתְּמָרִים וּבַגְּרֹגְּרוֹת - אֵינוֹ אוֹכֵל, מִפְּנֵי שֶׁנִּגְמְרָה מְלַאכְתָּן לַמַּעֲשֵׂר.
A person who works with wheat and the like25 after they have been tithed26 - e.g., a person was hired to remove pebbles from grain, to sift the kernels or to grind them - may partake of them, for the work that obligates the performance of the mitzvah of challah has not been completed.27הָעוֹשֶׂה בַּחִטִּים וְכַיּוֹצֵא בָּהֶן, אַחַר שֶׁעִשֵּׂר כְּגוֹן שֶׁשְּׂכָרָן לָבֹר צְרוֹרוֹת אוֹ לְנַפֵּחַ אוֹתָן אוֹ לִטְחֹן - הֲרֵי אֵלּוּ אוֹכְלִין, שֶׁעֲדַיִן לֹא נִגְמְרָה מְלַאכְתָּן לַחַלָּה.
When, however, a person kneads dough, bastes loaves or bakes, he may not partake of the food, because the work that obligates the performance of the mitzvah of challah has become completed.28 And a worker may not partake of produce except when the work that obligates the performance of the mitzvah of tithing or challah has not been completed.אֲבָל הַלָּשׁ וְהַמְּקַטֵּף וְהָאוֹפֶה - אֵינוֹ אוֹכֵל, מִפְּנֵי שֶׁנִּגְמְרָה מְלַאכְתָּן לַחַלָּה, וְאֵין הַפּוֹעֵל אוֹכֵל אֶלָא מִדָּבָר שֶׁעֲדַיִן לֹא נִגְמְרָה מְלַאכְתּוֹ לַמַּעֲשֵׂר וְלַחַלָּה.
6If the cakes of figs belonging to a person become broken up, his barrels of wine become open, or his gourds become cut, and he hires workers to tend to the produce,29 they may not partake of it, for the work necessary for them has been completed and they have become obligated to be tithed. Indeed, they are tevel.30ונִתְפָּרְסוּ עִגּוּלָיו וְנִתְפַּתְּחוּ חָבִיּוֹתָיו וְנִתְחַתְּכוּ דַּלּוּעָיו, וּשְׂכָרָן לַעֲשׂוֹת בָּהֶן - הֲרֵי אֵלּוּ לֹא יֹאכְלוּ, שֶׁהֲרֵי נִגְמְרוּ מְלַאכְתָּן וְנִקְבְּעוּ לַמַּעֲשֵׂר, וַהֲרֵי הֵן טֶבֶל.
If, however, the owner did not notify the workers, he must tithe the produce and allow them to partake of it.31וְאִם לֹא הוֹדִיעָן, מְעַשֵּׂר וּמַאֲכִילָן.
Workers may not partake of the crops in a field that was consecrated to the Temple treasury. This is derived from Deuteronomy 23:25, which speaks of “your colleague’s vineyard.”32אֵין הַפּוֹעֲלִים אוֹכְלִין בְּשֶׁל הֶקְדֵּשׁ, שֶׁנֶּאֱמַר "בְּכֶרֶם רֵעֶךָ" (דברים כג, כה).
7When a person hires workers to work with produce that is neta reva’i,33 they may not partake of it.34 If he did not inform them that it was neta reva’i, he must redeem it,35 and allow them to partake of it.36זשָׂכַר פּוֹעֲלִין לַעֲשׂוֹת בְּנֶטַע רְבָעִי שֶׁלּוֹ, הֲרֵי אֵלּוּ לֹא יֹאכְלוּ; וְאִם לֹא הוֹדִיעָן, פּוֹדֶה וּמַאֲכִילָן.
8Workers who reap, thresh, winnow, separate unwanted matter from food, harvest olives or grapes, tread grapes,37 or perform any other tasks of this nature are granted the right to partake of the produce with which they working by Scriptural Law.38חהַקּוֹצֵר וְהַדָּשׁ וְהַזּוֹרֶה וְהַבּוֹרֵר וְהַמּוֹסֵק וְהַבּוֹצֵר וְהַדּוֹרֵךְ וְכָל כַיּוֹצֵא בִּמְלָאכוֹת אֵלּוּ, הֲרֵי הֵם אוֹכְלִין מִן הַתּוֹרָה.
9Watchmen for vats, grain heaps and any produce that has been separated from the ground, for which the work that obligates tithing has not been completed may partake of the produce because of local convention. They are not granted this privilege according to Scriptural Law, because a watchman is not considered to be one who performs an action.39טשׁוֹמְרֵי גִּתּוֹת וַעֲרֵמוֹת וְכָל דָּבָר הַתָּלוּשׁ מִן הַקַּרְקַע, שֶׁעֲדַיִן לֹא נִגְמְרָה מְלַאכְתָּן לַמַּעֲשֵׂר - אוֹכְלִין מֵהִלְכוֹת מְדִינָה, שֶׁהַשּׁוֹמֵר אֵינוֹ כָּעוֹשֶׂה מַעֲשֶׂה.
If, however, a person works with his limbs whether with his hands, his feet or even with his shoulders,40 he is entitled to partake of produce according to the Torah.אֲבָל אִם עָשָׂה בְּאֵבָרָיו, בֵּין בְּיָדָיו בֵּין בְּרַגְלָיו, אַפִלּוּ בִּכְתֵפוֹ - הֲרֵי זֶה אוֹכֵל מִן הַתּוֹרָה.
10A worker who is working with figs may not partake of grapes.41 One who is working with grapes may not partake of figs. These laws are derived from Deuteronomy 23:25, which states: “When you enter the vineyard of your colleague, you may eat grapes.”42יהָיָה עוֹשֶׂה בַּתְּאֵנִים, לֹא יֹאכַל בָּעֲנָבִים; בָּעֲנָבִים, לֹא יֹאכַל בַּתְּאֵנִים, שֶׁנֶּאֱמַר "בְּכֶרֶם רֵעֶךָ וְאָכַלְתָּ עֲנָבִים" (דברים כג, כה).
When a person is working with one vine, he may not eat from another vine.וְהָעוֹשֶׂה בְּגֶפֶן זוֹ, אֵינוֹ אוֹכֵל בְּגֶפֶן אַחֶרֶת.
Nor may he partake of grapes together with other food; he should not partake of them together with bread or salt.43 If, however, the worker set a limit concerning the quantity that he may eat, he may eat the produce with salt,44 with bread or with any other food that he desires.45וְלֹא יֹאכַל עֲנָבִים, וְדָבָר אַחֵר; וְלֹא יֹאכַל בְּפַת וְלֹא בְּמֶלַח. וְאִם קָצַץ עַל בַּעַל הַבַּיִת עַל שִׁעוּר מַה שֶׁיֹּאכַל - אוֹכֵל אוֹתוֹ בֵּין בְּמֶלַח, בֵּין בְּפַת, בֵּין בְּכָל דָּבָר שֶׁיִּרְצֶה.
It is forbidden for a worker to suck the juice from grapes,46 for the verse states: “And you shall eat grapes.”47אָסוּר לַפּוֹעֵל לָמֹץ בַּעֲנָבִים, שֶׁנֶּאֱמַר "וְאָכַלְתָּ עֲנָבִים" (דברים כג, כה).
Neither the worker’s sons nor his wife48 may roast the kernels of grain in a fire for him.49 This is implied by the above verse, which states: “You may eat grapes as you desire.” The implication is that you must desire the grapes as they are. Similar laws apply in all analogous situations.וְלֹא יִהְיוּ בָּנָיו אוֹ אִשְׁתּוֹ מְהַבְהֲבִין לוֹ הַשִּׁבֳּלִין בָּאוּר וְאוֹכֵל, שֶׁנֶּאֱמַר "וְאָכַלְתָּ עֲנָבִים כְּנַפְשְׁךָ" (שם) - עֲנָבִים כְּמוֹת שֶׁהֵן. וְכֵן כָּל כַיּוֹצֵא בָּהֶן.
11It is forbidden for a worker to eat an inordinate amount of the produce with which he is working. This is implied by the above verse, which states:You may eat... as you desire, to your satisfaction.”50 It is permitted, however, for him to delay eating until he reaches the place of higher quality grapes and eat there.51יאאָסוּר לַפּוֹעֵל לֶאֱכֹל מַה שֶׁהוּא אוֹכֵל אֲכִילָה גַּסָּה, שֶׁנֶּאֱמַר "כְּנַפְשְׁךָ שָׂבְעֶךָ" (דברים כג, כה). וּמֻתָּר לוֹ לִמְנֹעַ עַצְמוֹ עַד מָקוֹם הַיָּפוֹת, וְאוֹכֵל.
A worker may eat even a dinar’s worth of cucumbers or dates even though he was hired to work only for a silver me’ah.52 Nevertheless, we teach a person not to be a glutton, so that he will not close the doors in his own face.53וְיֵשׁ לוֹ לֶאֱכֹל קִישׁוּת אַפִלּוּ בְּדִינָר, וְכוֹתֶבֶת אַפִלּוּ בְּדִינָר, אַף עַל פִּי שֶׁשְּׂכָרוֹ בְּמָעָה כֶּסֶף, שֶׁנֶּאֱמַר "כְּנַפְשְׁךָ שָׂבְעֶךָ"; אֲבָל מְלַמְּדִין אֶת הָאָדָם שֶׁלֹּא יִהְיֶה רַעַבְתָן, וְיִהְיֶה סוֹתֵם אֶת הַפֶּתַח בְּפָנָיו.
If a person is guarding four or five grainheaps,54 he should not eat his fill from only one of them. Instead, he should eat an equal amount from each one.55הָיָה מְשַׁמֵּר אַרְבַּע אוֹ חָמֵשׁ עֲרֵמוֹת, לֹא יְמַלֵּא כְּרֵסוֹ מֵאַחַת מֵהֶן, אֶלָא אוֹכֵל מִכָּל אַחַת וְאַחַת, לְפִי חֶשְׁבּוֹן.
12Workers who have not walked both lengthwise and laterally in a vat may eat grapes but may not drink wine, for at that time they are still working56 solely with grapes.57יבהַפּוֹעֲלִים שֶׁלֹּא הָלְכוּ שְׁתִי וְעֵרֶב בַּגַּת - אוֹכְלִין עֲנָבִים וְאֵין שׁוֹתִין יַיִן, שֶׁעֲדַיִן אֵינָן עוֹשִׂין אֶלָא בָּעֲנָבִים בִּלְבָד.
When they have treaded in the vat and walked both lengthwise and laterally, they may eat grapes and drink the grape juice, for they are working with both the grapes and the wine.וּמִשֶּׁיִּדְרְכוּ בַּגַּת, וִיהַלְּכוּ בָּהּ שְׁתִי וְעֵרֶב - יֵשׁ לָהֶן לֶאֱכֹל מִן הָעֲנָבִים, וְלִשְׁתּוֹת מִן הַתִּירוֹשׁ; שֶׁהֲרֵי הֵן עוֹשִׂין בָּעֲנָבִים וּבַיַּיִן.
13When a worker says: “Give my wife and my children what I would eat,” or “I will give a small amount of what I have taken to eat to my wife and my children,” he is not given this prerogative.58 For the Torah has granted this right only to a worker himself.59יגפּוֹעֵל שֶׁאָמַר 'תְּנוּ לְאִשְׁתִּי וּבָנַי מַה שֶׁאֲנִי אוֹכֵל', אוֹ שֶׁאָמַר 'הֲרֵינִי נוֹתֵן מְעַט מִזֶּה שֶׁנָּטַלְתִּי לֶאֱכֹל לְאִשְׁתִּי וּבָנַי' - אֵין שׁוֹמְעִין לוֹ, שֶׁלֹּא זִכְּתָה תּוֹרָה אֶלָא לַפּוֹעֵל עַצְמוֹ.
Even when a nazarite60 who is working with grapes says, “Give some to my wife and children,” his words are of no consequence.אַפִלּוּ נָזִיר שֶׁהָיָה עוֹשֶׂה בָּעֲנָבִים, וְאָמַר 'תְּנוּ לְאִשְׁתִּי וּבָנַי' - אֵין שׁוֹמְעִין לוֹ.
14When a worker - and his wife, his children and his slaves61 - were all employed to work with produce, and the worker stipulated that they -neither he nor the members of his household - should not partake of the produce, they may not partake of it.62ידפּוֹעֵל שֶׁהָיָה עוֹשֶׂה הוּא וְאִשְׁתּוֹ וּבָנָיו וַעֲבָדָיו, וְהִתְנָה עִם בַּעַל הַבַּיִת שֶׁלֹּא יֹאכְלוּ מִמַּה שֶׁהֵן עוֹשִׂין לֹא הוּא וְלֹא הֵם - הֲרֵי אֵלּוּ אֵינָן אוֹכְלִין.
When does the above apply? When they are past majority, because they are intellectually mature, responsible for their decisions, and willingly gave up the right the Torah granted them. If, however, the children are minors, their father cannot pledge that they will not eat, for they are not eating from his property or from what the employer grants them, but rather from what they were granted by God.63בַּמֶּה דְּבָרִים אֲמוּרִים? בַּגְּדוֹלִים, מִפְּנֵי שֶׁיֵּשׁ בָּהֶם דַּעַת, וַהֲרֵי מָחֲלוּ. וְאִם הָיוּ קְטַנִּים, אֵינוֹ יָכוֹל לִפְסֹק עֲלֵיהֶן שֶׁלֹּא יֹאכְלוּ, שֶׁאֵינָן אוֹכְלִין מִשֶּׁל אֲבִיהֶן אוֹ מִשֶּׁל אֲדוֹנֵיהֶם, אֶלָא מִשֶּׁל שָּׁמַיִם.

Quiz Yourself on Sechirut Chapter 12

Footnotes
1.

This excludes people working with milk products, as stated in Halachah 4.

2.

I.e., the produce is not considered to be ready to eat, and therefore, the mitzvot of ma'aser (tithes) or challah do not apply with regard to it, as stated in Halachah 5.

3.

E. g., weeders or watchmen, as explained in Halachah 4.

4.

Sefer HaMitzvot (Positive Commandment 201) and Sefer HaChinuch (Mitzvah 576) count this as one of the 613 mitzvot of the Torah.

5.

Bava Metzia 87b states that this mitzvah applies in a field belonging to a private person, but not a field belonging to the Temple treasury. For the Temple treasury is not “your colleague.” The Siftei Cohen 337:1 states that for this same reason, this law does not apply to a person employed in a field belonging to a gentile. Instead, this measure is a special privilege granted because of the bond that one Jew shares with another.

6.

I.e., both verses give the person the right to partake of his colleague’s produce.

7.

Trespassing in a person’s property without his permission is forbidden. And taking his produce is considered to be theft.
The Babylonian Talmud (Bava Metzia, loc. cit.) derives this concept because of an association with the prohibition against muzzling an ox. The Rambam chooses to ignore that pattern of exegesis and instead [based on the Jerusalem Talmud (Ma’aserot 2:6),] offer a straightforward and logical explanation of the basis for the prohibition.

8.

The Maggid Mishneh explains that the expression “the work associated with it has been completed” means that the person has yet to bring the tithes (ma’aser) or separate challah.

9.

Here the Rambam speaks of “his work” - i.e., the worker’s labor [in contrast to the previous sentence, where the emphasis was on the work necessary for the produce to be ritually acceptable]. He may not eat until he has completed harvesting or reaping. Once he has completed one phase of work - e.g., the basket is filled - he may not be compelled to start working again until he desires to do so.
The Tur (Choshen Mishpat 337) differs with the Rambam, stating:
I do not understand why they should not eat while they are harvesting and reaping, for the Torah forbade a person from eating produce only when the work on it was not completed. When, however, a person is working with produce whose work is completed, he may eat as long as he is involved with it.
The Shulchan Aruch (Choshen Mishpat 337:2) follows the Tur’s conception. The difference between these conceptions depends on the interpretation of the Mishnah (Bava Metzia 7:2), which states that a person who works with produce attached to the earth may eat at the time work is completed, but he is forbidden to eat when he has not completed his work. In his Commentary on the Mishnah, the Rambam interprets this as meaning: “While you are placing produce in the containers of the employer, you may not eat.” Rashi (Bava Metzia 87a), by contrast, interprets that phrase as referring to labor that brings about the completion of a task - e.g., harvesting, in contrast to pruning.

10.

I.e., if the workers were prevented from eating until then, they would take an extended break in order to eat and would not return to work quickly. Our Sages assumed that the employer would be willing to grant them other times when they may eat so that they will not take long breaks.

11.

I.e., takes a very extended break to eat. Although the Rambam allows a worker to take a break after filling the employer's basket, he may not take advantage of his employer and prolong his break beyond accepted norms (Lechem Mishneh).

12.

According to the Rambam, this refers to a person who eats before the employer’s container is filled, as explained in the previous halachah.

13.

Sefer HaMitzvot (Negative Commandment 267) and Sefer HaChinuch (Mitzvah 578) count this as one of the 613 mitzvot of the Torah.
The Ra’avad differs with the Rambam with regard to the definition of this prohibition, stating that it involves cutting down crops with a sickle with the intent of eating them - i.e., the worker should not make his eating as important a purpose as his employer’s work. The Ramban also differs with the Rambam and maintains that the prohibition forbids people who are hoeing or pruning from eating. As mentioned above, the Tur also does not accept the Rambam’s view. See Shulchan Aruch (Choshen Mishpat 337:18), which appears to follow the position of the Tur.

14.

I.e., when reaping with other utensils and when harvesting other crops.

15.

See Halachah 13.

16.

Sefer HaMitzvot (Negative Commandment 268) and Sefer HaChinuch (Mitzvah 577) count this as one of the 613 mitzvot of the Torah.
The Sefer Me’irat Einayim 337:38 adds that when doing so, the person also transgresses the prohibition against stealing.

17.

For a person who is obligated to make financial restitution is not punished with lashes for the same transgression.

18.

The license granted by the Torah applies only to substances that resemble those explicitly mentioned in the verses - i.e., produce that grows in the ground.

19.

To enable the larger onions space to grow.

20.

Thus, for the small onions, he can be considered to have completed the work, for he harvests them for his employer.

21.

I.e., the primary intent is to facilitate the growth of the larger heads, and the worker’s activity does not complete that task.

22.

See also Halachah 9.

23.

Not only are they not entitled to partake of the produce according to Scriptural Law, the Rabbis also did not grant them this prerogative. Thus, although watchmen of detached produce may partake of it (Halachah 9), watchman of produce attached to the ground may not.

24.

In order to store figs and dates for longer periods, they would be dried out and crushed together as cakes. Once, they are crushed and smoothed out or placed in a container, the owner is obligated to tithe them (Hilchot Ma'aser 3:16.). In this instance, the worker is hired to break apart the stored fruit so that it can be served.

25.

I.e., the other four species of grain in which there is a further ritual obligation after tithing. Aside from these species, a worker may no longer partake of produce once the obligation to tithe applies.
See also Sefer Me’irat Einayim 337:13, which states that we generally assume that barley and oats will be used as animal fodder or for beer. Hence, unless they are set aside for the purpose of being used for bread, once the obligation to tithe them has been established, it is forbidden for a worker to partake of them.

26.

Our translation follows the version found in many early printings and authentic manuscripts of the Mishneh Torah. The version found in the standard printed text is difficult to understand.

27.

For once a dough is made - i.e., flour and water are mixed together - a person is obligated to separate challah (Hilchot Bikkurim 8:4).

28.

It must be noted that the Ra’avad differs with the Rambam and maintains that even with regard to grain, once it has become obligated to be tithed, a worker is no longer given permission to partake of it. Although the Rambam’s ruling is based on Bava Metzia 89a (and Rashi also interprets that passage in a similar way), the Ra’avad maintains that the passage mentions challah indiscriminately, without intent. The Shulchan Aruch (Choshen Mishpat 337:3) follows the Rambam’s understanding.

29.

I.e., the owner hires the worker to press the figs back into cakes, to seal the wine barrels, or to perform any other activity necessary to preserve the produce.

30.

Untithed produce, of which it is forbidden to partake.
See also the Minchat Chinuch (Mitzvah 576), which states that although the Torah gave a worker permission to partake of crops, it did not grant him permission to partake of food that is forbidden.

31.

The Maggid Mishneh explains that this law does not apply when the employer hires the workers without specifying what task they would perform. In such a situation, he is not obligated to give them work in which they would be allowed to partake of produce. If, however, he told them that their job would be to make fig cakes, but did not inform them of his predicament, it would be as if he were misleading them if he does not allow them to partake of the produce. For workers who make fig cakes are generally entitled to partake of the produce with which they are working, and we assume that the workers had this intent in mind when they accepted the job. Hence, if the owner does not give them the opportunity to partake of the produce, he will be taking unfair advantage of them.

32.

The Temple treasury is not “your colleague” and is under no obligation to the worker.

33.

Neta reva'i is produce that grows in the fourth year of a tree's life. It must be taken to Jerusalem and eaten there, with the same restrictions as apply to Ma'aser Sheni, "the second tithe." See Hilchot Ma'aser Sheni 9:1.

34.

For this produce may not be eaten outside of Jerusalem.

35.

As stated in Hilchot Ma’aser Sheni 9:6, a person may redeem produce that is neta reva’i for its value in silver and take that money to Jerusalem to buy food with it.

36.

For the same rationale as explained with regard to the previous halachah.

37.

See Halachah 12.

38.

For with the exception of the separation of unwanted matter, all these tasks are necessary to be performed before the owner is obligated to tithe his crops. And the separation of unwanted matter is necessary before one is obligated to separate challah.

39.

Since they are not performing work with the produce itself, they are not given the right to eat from it according to Scriptural Law. Our Sages nevertheless noticed that it had become an accepted practice to allow watchmen to partake of produce that had been reaped (in contrast to unreaped produce, Halachah 4). Hence, they made it a binding obligation to grant a watchman this privilege.

40.

I.e., a porter who carries produce on his shoulders.

41.

Even if a worker was hired to perform work with both figs and grapes, while he is working with grapes he may not partake of figs, and while he is working with figs he may not partake of grapes [Tur and Shulchan Aruch (Choshen Mishpat 337:9)].

42.

I.e., the worker may partake of only the type of produce with which he is working.
The Jerusalem Talmud (Maaserot 2:7) derives this law as follows: Why does the verse say: “When you enter the vineyard of your colleague, you may eat grapes”? What else would you eat in a vineyard? Thus, the intent is a restriction. When you are working with grapes, all you may eat is grapes.”

43.

In these instances, he will eat more grapes than usual.

44.

Since the worker was limited to a specific amount of produce, he is considered as if he purchased the produce and is required to tithe it, as stated in Hilchot Ma’aser 5:11. Similarly, produce that is salted or eaten with bread must be tithed.

45.

For, regardless, he may not eat more than the limit that was set.

46.

I.e., to suck out the juice and leave the skins and dregs.

47.

I.e., the entire grape. This also appears to be a safeguard against the worker’s partaking of more grapes than usual. For in this way, he will consume far more grapes than if he were to eat them in the ordinary manner (Kin’at Eliyahu).

48.

Needless to say, the worker may not do this himself, for he will be wasting time that he should be working (Maggid Mishneh).

49.

To improve their flavor.

50.

Although the verse grants a worker license, it also implies a limit. Once a worker is satisfied, he should not eat more.

51.

Thus, he will be eating more of the higher quality produce than he would if he had not refrained from eating the lower quality.

52.

Which is worth one sixth the value of a dinar.
The Sifri states that the amount a worker eats is determined by his appetite, and not his wage.

53.

I.e., if he eats like a glutton, the chances are that the employer - and others - will not hire him again.

54.

See Halachah 9.

55.

Rashi (Bava Metzia 93a) states that this is speaking about a situation where the watchman is employed by several farmers, each with his own grain-heap. As a courtesy, it is proper for the worker to partake equally from each of the different grain-heaps, so that all the farmers will share equally in providing him with his food.

56.

The Shulchan Aruch (Choshen Mishpat 337:9) clarifies the Rambam’s wording, stating: “It is not apparent that they are working with wine.”

57.

For, as stated in Halachah 10, a worker may partake only of the produce with which he is working (ibid.).

58.

See Hilchot Ma’aser 5:9, which explains the laws that apply when the employer - although he is under no obligation to do so - agrees to allow a worker’s sons to partake of the produce.

59.

This shows that the worker does not acquire any rights of ownership over the produce. It is in no way his, and he therefore may not give it away. The Torah gave him a unique privilege and allowed him to partake of the produce while working with it. That privilege, however, cannot be extended beyond its prescribed limits (Bava Metzia 92 93a).

60.

Who is forbidden to partake of grapes or wine.

61.

I.e., Canaanite slaves (Maggid Mishneh).

62.

When financial matters are involved, a person has the right to forgo a privilege granted to him by the Torah. Hence, if a worker - and the members of his household [Ramah (Choshen Mishpat 337:17)] - agree to the employer’s stipulation, they are bound by it.

63.

Because a minor is below majority, there are certain business matters - including the right to waive privileges that are granted him - which are not in his capacity. Therefore, he may not forgo his privilege to eat himself. Certainly, his father may not forgo it for him, for - as the Rambam states - nothing belongs to the father.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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The text on this page contains sacred literature. Please do not deface or discard.