MISHNAH: One who hires workers¹ and tells them to start early and work late², at a place where it is not customary to start early or work late cannot force them to do so. At a place where it is customary to feed them, he has to feed them; to supply a snack, he has to supply it, always following local custom. It happened that Rebbi Joḥanan ben Matthew said to his son, go and hire workers for us. He awarded them food, but when he returned to his father, the latter told him, even if you serve them Solomon’s meal in his time³ fine flour, 60 kor coarse flour, 10 feed-lot cattle, 20 grass fed cattle, 100 sheep, also fallow-buck, gazelle, roe-buck, and fattened geese (1K. 5:3). you did not fulfill your pledge since they are descendants of Abraham, Isaac, and Jacob. But before they start work go and tell them: On condition that your only claim be for bread and legumes. Rabban Simeon ben Gamliel said, that was unnecessary; one always follows local custom.

footnotes: ¹ On daily wages. ² It is universally accepted that a working day is from sunrise to sundown. An early riser starts work at dawn and a late worker works until dusk. ³ 30 kor

HALAKHAH: “One who hires workers,” etc. Rav Hoshaia said, this means that usage supersedes practice⁴12:1, Note 21. The rule is never stated explicitly in the Babli but has generated a very great number of responsa in all periods of rabbinic literature.. Rebbi Immi said, everywhere the burden of proof is on the claimant except here⁵.

footnotes: ⁴ At least in civil law. As a statement of Rav this also is in Yebamot ⁵ In employment law, the party accused of not following local custom has to prove that in fact he is following it.

In Tiberias one does not work early or late². In Bet Ma‘on⁶1:8, Note 280). According to Josephus, Vita 12, it is situated 4 stadia from Tiberias, less than 600 m. one works early and late. People from Tiberias who climb up to be hired in Bet Ma‘on are hired on the terms of Bet Maon. People from Bet Ma‘on who descend to Tiberias are hired on the terms of Tiberias. But an employer from Tiberias who climbs up to hire workers in Bet Maon can tell them, you should not think that I could not find workers to hire in Tiberias but came up because I heard that you start early and work late⁷. At a place where there is no common usage, Jehudah ben Buni, Rebbi Immi, Rav Jehudah: It is a stipulation of the court that the early part of morning belong to the workers and the late part of evening to the employer⁸. What is the reason? “You make darkness, there is night; the young lions roar for prey; You give to them, they are collecting; the sun shines, they return; man leaves for his work⁹ 104:19–23,28. The only relevant verses are v. 22–23: “The sun shines … man goes out to work, his labors until evening.” This implies that a workday does not start before sunrise but continues after sunset until nightfall. The same argument in the Babli, in the name of R. Simeon ben Laqish (83a/b)..” (In the evening)¹⁰ [Fridays]¹¹ both early rising and late going is at the employer’s expense¹². How much? That he may fill an amphora of water, fry himself a fish¹³, and light the candle.

footnotes: ² It is universally accepted that a working day is from sunrise to sundown. An early riser starts work at dawn and a late worker works until dusk. ⁶ A place on the slope of the mountain overlooking Tiberias (Soṭah ⁷ The hiring contract always follows the local custom of the place of contracting, not the place of work. ⁸ A workday for a journeyman starts at sunrise and ends at nightfall. ⁹ Ps. ¹⁰ Reading of L, rejected by all commentators. ¹¹ Reading of E. ¹² On Friday a full working day does not start before sunrise but only continues until the later afternoon, leaving enough time for the worker to return home and prepare for the Sabbath before sundown. ¹³ The quickest way to prepare cooked food.

In the opinion of Rebbi Joḥanan ben Matthew¹⁴, a man who goes to another place to preliminarily marry a woman has to stipulate with her and tell her, on condition that you work so and so much and eat for such and such costs.

footnotes: ¹⁴ Who relies neither on local usage nor on the stipulations of the Mishnah.

MISHNAH: The following eat by Torah law¹⁵ 23:25–26 to eat from grain and grapes.: He who works on produce connected to the ground at the completion of work¹⁶, or separated from the ground before the completion of work¹⁷, only things grown from the earth¹⁸. But the following may not eat: He who works on produce connected to the ground before the completion of work¹⁹, or separated from the ground after the completion of work²⁰, or things not grown from the earth¹⁸. If he was working with his hand but not with his feet, with his feet but not with his hands, even with his shoulder, he may eat. Rebbi Yose ben Rebbi Jehudah says, only if he works with hands and feet²¹.

footnotes: ¹⁵ The agricultural worker empowered by Deut. ¹⁶ The only time he may eat from standing produce is at harvest time if he is occupied in harvesting. ¹⁷ As long as the produce is not subject to the laws of tithing, i. e., ready to be stored. ¹⁸ The worker at a hydroponic farm has no right to eat from the produce, nor may the worker in a dairy drink from the milk. ¹⁹ The agricultural worker during the growing season. ²⁰ The worker on food after it became subject to the laws of tithing. ¹⁸ The worker at a hydroponic farm has no right to eat from the produce, nor may the worker in a dairy drink from the milk. ²¹ Like the harvester of grain or grapes mentioned in the verse.

HALAKHAH: “The following eat by Torah law,” etc. Rebbi La said, “if you come into your neighbor’s vineyard.²² 23:25: “If you come into your neighbor’s vineyard, you may eat grapes to satisfy yourself.” What else is there to eat in a vineyard?” Could anybody think that he would eat wood or stones? Why does the verse say “grapes”? That he may not skin figs or suck grapes²³ 2:7 (Notes 142–149); Sifry Deut. 266..

footnotes: ²² Deut. ²³ Different, tannaïtic, arguments are in the Babli 87b; Ma‘śerot

“If he was working with his hand but not with his feet.” Rebbi La said, it is written: “If you come into your neighbor’s standing grain,” etc.²⁴ 23:26. This quote is not followed up here; it refers to the discussion in Ma‘serot 2:6, Notes 122–123. With his hands, binding. With his feet, he compresses. Even with his shoulder, he carries.

footnotes: ²⁴ Deut.

²⁵ 2:6, Note 117.“Rebbi Yose ben Rebbi Jehudah says, only if he works with hands and feet; this excludes him who works with his hands but not with his feet, with his feet but not with his hands.”

footnotes: ²⁵ Tosephta 8:7; Babli 91b; Ma‘serot

²⁶ 2:6, Notes 118–121. The argument refers to Deut. 25:4, the prohibition to muzzle the ox while he is threshing. It is declared that the rights of the laborer are no less than the rights of the ox. The other sources have an additional set of inferences which is quoted in E as: דַּיַּיִשׁ מָה דַּיַּיִשׁ מְיוּחָד שֶׁהוּא תָּלוּשׁ מִן הַקַּרְקַע. יָצָא הַמְּעַדֵּר בַּגְּפָנִים הַמְּנַכֵּשׁ בְּשׁוּם וּבִבְצָלִים וְבָקַפְלוֹטִין דָּבָר שֶׁהוּא מְחוּבָּר לַקַּרְקַע. Threshing, just as threshing is particular in that it applies to plucked [grain]. This excludes him who weeds among vines, weeds among garlic, and onions, and leeks, which are connected to the ground. Since this text parallels a statement of the Tosephta and the Yerushalmi Ma‘serot but is formulated in the Yerushalmi Neziqin style, it has to be accepted as original; missing in L.“Rebbi Yose ben Rebbi Jehudah says, threshing. Since threshing is special in that it refers to something grown from the earth, this excludes the one who milks, makes cheese with rennet or with mold, which is not something grown from the earth. Since threshing is special in that it refers to something not completely processed; this excludes wine after it was fermented, [olive oil]²⁷ after it descended into the vat, one who isolates dates or separates dried figs, done after complete processing. Since threshing comes before the obligation of tithes, this excludes him who kneads dough, separates into cakes, or bakes, which comes after it became obligated for tithes.”

footnotes: ²⁶ Tosephta 8:7; Babli 89a; Ma‘serot ²⁷ From E, missing in L.

MISHNAH: If one was working on figs he may not eat grapes, on grapes he may not eat figs; but he may restrain himself until he reaches the place of the good ones and eat there²⁸. In all cases they only referred to the time of finishing²⁹ 12:2–3) that at harvest time the worker may eat only during breaks in harvesting, not while he is actually working; he may not harvest with his right hand and eat with his left. The word “finishing” is not in any Ashkenazic text, nor in the editio princeps of the Babli. The Provençal Meïri writes the word in his Mishnah text but not in the quotes from the Mishnah in his commentary. work, but because of returning lost property to its owner³⁰ they said that workers may eat when they go from row to row, and when they return from the wine press, and a donkey while offloading.

footnotes: ²⁸ The farmer cannot hinder his agricultural worker from eating of his best produce. ²⁹ This is also the reading of Alfasi and Maimonides; the latter infers from here (Śekhirut ³⁰ In order to minimize the time for which the employer pays but which the worker uses to eat during working hours, traditional rules encourage him to eat only while going from one job to another or waiting for others to finish a task from where he can start his work. A worker who does not follow this rule is within his rights but cannot be expected to be rehired.

HALAKHAH: “If one was working on figs,” etc. Rebbi La said, it is written: “If you come into your neighbor’s vineyard, you may eat grapes to satisfy yourself.” What else is there in the vineyard to eat but grapes? To teach you that if he was working on grapes he may not eat figs³¹ 23:25. E quotes the entire first part of the Mishnah which is from the text of Sifry Deut. 266 on this verse. It seems therefore that the text of L is original..

footnotes: ³¹ Deut.

MISHNAH: A worker may eat zucchini even for a denar’s worth, or dates even for a denar’s worth. Rebbi Eleazar Ḥasma said, a worker may not eat more than his wages³² In Mishnah Ševi‘it8:4 it is intimated that the daily wages might be as low as one assarius or a quarter denar. (In Matth. 20:2 one denar; but this is an aggadic text.) and the Sages permit it³³ 266, both parties learn from Deut. 23:25: “you may eat grapes to satisfy yourself.” For R. Eleazar Ḥasma the criterion is yourself, for the Sages to satisfy., but one instructs a man not to be voracious lest he close the door before him³⁴. A person may contract for himself, for his adult son or daughter, for his adult male and female slaves, for his wife, because they have understanding. But he may not contract for his underage son or daughter, nor for his underage male and female slaves, nor for his animal, because they have no understanding³⁶ 12:14): “A worker who worked together with his wife, children, and slaves for one employer may contract with the employer that none of them will eat from what they are working on. That is, if they are adults, because they have understanding and therefore can give up their rights. But for those underage he cannot contract, since they eat not from their father’s, nor from their employer’s, but from Heaven’s.” Cf. also Ma‘serot 2:6, Note 129..

footnotes: ³² His wages for the day’s work. The Halakhah shows that this was less that a silver denar. ³³ In Sifry Deut. ³⁴ Nobody will hire him in the future if he is known to abuse his rights. ³⁶ This Mishnah is explained only in a short section of the Babli, 92b/93a, which is summarized by Maimonides (Śekhirut

HALAKHAH: “A worker may eat zucchini even for a denar’s worth,” etc. Rebbi Eleazar ben Antigonos says in the name of Rebbi Eleazar ben Rebbi Yannai, this means that a worker may eat more than his [daily] wages³² In Mishnah Ševi‘it8:4 it is intimated that the daily wages might be as low as one assarius or a quarter denar. (In Matth. 20:2 one denar; but this is an aggadic text.). But some say, Rebbi Joḥanan in the name of Rebbi Yannai: This means that a worker may eat the first or the last bunch of grapes³⁵.

footnotes: ³² His wages for the day’s work. The Halakhah shows that this was less that a silver denar. ³⁵ Both the first and the last bunches of grapes would fetch a premium on the market of fresh fruits; nevertheless the farmer may not prohibit his hired hand from eating them. In the Babli, 93a, this is formulated as: Even if the entire yield is only one bunch, the worker may eat it.

MISHNAH: If somebody hires workers to work with him in his fourth-year plantation, they may not eat. If he did not inform them, he has to redeem it and feed them³⁷ In the fourth year the yield may be redeemed and then eaten in place, or brought to the Temple and eaten there in purity (Lev. 19:23–24; Tractate ‘Orlah). Since eating from the fruit is a recognized privilege of agricultural workers, if they are not informed that they are to work on forbidden fruit they could not ask for higher wages to compensate for the fruit.. If his fig cakes were dislodged or his amphoras opened, they may not eat. If he did not inform them, he has to tithe and feed them³⁸.

footnotes: ³⁷ Newly planted fruit trees in their first three years have to be stripped of their fruits as forbidden ‘orlah. ³⁸ It was stated in Mishnah 3 that workers on food processed to the stage of tithes have no privilege of eating from it. It is forbidden to eat titheable but untithed food If the workers were hired under the impression that they had the privilege, the employer has to provide them with permitted food.

HALAKHAH: “If somebody hires workers to work,” etc. Anything which is of a kind apt to be under the rules of tithing but another prohibition caused it [to be forbidden to eat], if one hired [a worker] without mentioning it, he has to redeem and feed, tithe and feed³⁹. If [the worker] contracted for it, he eats⁴⁰. But if it is of a kind exempt from the rules of tithing⁴¹ 1:2. but another prohibition caused it [to be forbidden to eat], if one hired [a worker] without mentioning it, that one cannot eat⁴²; if he contracted for it, he eats.

footnotes: ³⁹ This is the case of the Mishnah; the “other prohibition” is the fourth-year status of the orchard. ⁴⁰ This is obvious; any worker may contract to receive part or all of his wages as food. It is only needed here as a parallel to the next statement. ⁴¹ For example, any unripe fruit as mentioned in Ma‘serot ⁴² If this is from a fourth-year orchard, the worker has no claim to the fruit even if he was not informed beforehand.

MISHNAH: Watchmen of produce⁴³ eat because of local practice but not from the Torah. There are four kinds of keepers: The unpaid trustee and the borrower, the paid keeper and the renter. The unpaid trustee swears about everything⁴⁴ 22:6–8., the borrower pays for everything. The paid keeper and the renter swear about the broken, the kidnapped, and the dead⁴⁵22:11–12. but pay for the lost and the stolen.

footnotes: ⁴³ They do not actually work and are not covered by Mishnah 3. ⁴⁴ If anything happens to the goods entrusted to him he does not pay if he is able to swear that he did not take anything and that it was not his fault; Ex. ⁴⁵ They do not pay for what happened beyond their control; Ex.

HALAKHAH: “Watchmen of produce eat because of local practice,” etc. Rav Huna⁴⁶ said, the Mishnah refers to watchmen of produce⁴⁷. But watchmen of vegetable gardens and orchards eat by Torah law. Samuel said, the Mishnah refers to watchmen of vegetable gardens and orchards⁴³. But watchmen of produce eat neither by Torah law nor by local practice⁴⁸. Rebbi Ḥiyya stated in support of⁴⁹ Rav Huna: “The Cohen shall be impure until evening,” to include watchmen, that they make their garments impure⁵⁰ 19, in particular 19:7. The priest who supervises the burning of the cadaver of the red cow becomes impure simply by watching the procedure even if he touches nothing and does nothing himself. This proves that watching alone is counted as an activity in Torah law, as asserted by Rav Huna..

footnotes: ⁴⁶ In the Babli, 93a, the opinion of Rav Huna is quoted as that of his teacher Rav; Samuel’s opinion is reproduced there. ⁴⁷ After the harvest. ⁴³ They do not actually work and are not covered by Mishnah 3. ⁴⁸ If the produce is ready to be sold, it only has to be watched to prevent loss. ⁴⁹ This use of עַל when one would expect לְ may be the root of German-Jewish כָּשֵׁר עַל פֶּסַח “usable for Passover” instead of כָּשֵׁר לְפֶסַח used by all other Jewish groups. ⁵⁰ This refers to the law of the Red Cow, Num.

MISHNAH: ⁵¹ One wolf is not an unavoidable accident, two wolves are. Rebbi Jehudah says, in times when wolves appear in packs, even a single wolf is an unavoidable accident. Two dogs are not an unavoidable accident. Yaddua the Babylonian says in the name of Rebbi Meїr: From the same direction it is not an unavoidable accident; from two different directions it is an unavoidable accident Robbers are an unavoidable accident. A lion, and a bear, and a leopard, and a panther⁵²., and a snake are unavoidable accidents. When? If they came by themselves. But if he led [the flock] to a place of troops of wild animals or robbers, these are not unavoidable accidents. If [an animal] dies a natural death it is an unavoidable accident. If he tortured it and it died, it is not an unavoidable accident. If it climbed to the top of a cliff and fell, it is an unavoidable accident. If he led it onto the top of a cliff and it fell, it is not an unavoidable accident. The unpaid keeper may stipulate that he be free from swearing, the borrower that he not be liable to pay, the paid keeper and the renter that they not be liable to swear or to pay⁵³. The stipulation of anybody who stipulates against what is written in the Torah is invalid. Any stipulation which follows a prior action is invalid⁵⁴. But any stipulation which it is possible to fulfill at the end and he stipulated it at the start is valid⁵⁵ 5:12)..

footnotes: ⁵¹ The next four Mishnaiot deal with the responsibilities of the paid keeper and the renter, who may free themselves from paying for an unavoidable accident by swearing but have to pay for avoidable accidents. The prime example of the paid keeper is the shepherd, for whom these rules are formulated. ⁵² Greek πάρδαλις, Latin pardalis ⁵³ In money matters there is freedom in contracting. Even though the rules of responsibility of keepers are biblical (Notes 44,45), they are default rules to be used in the absence of contrary stipulations. It follows that Mishnah 14 deals only with stipulations other than money matters. ⁵⁴ An action cannot be invalidated retroactively. If a man preliminarily marries a woman and after that tries to impose conditions on the act, he remains unconditionally married. ⁵⁵ But any condition which was intended to be impossible to keep is void. If a man divorces his wife saying, this is your letter of divorce on condition that you cross the ocean on your feet, or that you fly in the air like a bird, she is unconditionally divorced (Tosephta Giṭṭin

HALAKHAH: “One wolf is not an unavoidable accident,” etc. “The stipulation of anybody who stipulates against what is written in the Torah,” etc. It was stated: ⁵⁶ 3:8; cf. Qiddušin 1:2, Notes 262–271 (Babli Qiddušin 19b).“The stipulation of anybody who stipulates against what is written in the Torah, monetary stipulations are valid, nonmonetary stipulations are invalid.” How is this? If one said to a woman: be preliminarily married to me on condition that you have no claim on me for sustenance, clothing, and marital relations, she is preliminarily married [and his stipulation is valid. “On condition]⁵⁷ 1:2 (Note 268) that only the first two conditions are of monetary character. There, the problem is explained away by restricting the possibility of such a condition to preliminary marriage with a very young girl who is not available for sexual relations. But from the story of R. Tarphon who in times of famine preliminarily married 300 women to give them access to heave (Yebamot4:12 Note 197; Tosephta Ketubot 5:1) and certainly did not offer them sustenance and clothing from his own means, it seems that if some of the conditions are of monetary character and the nonmonetary stipulation is not operative at the moment (since marital relations are obligatory and permitted only after definitive marriage), the stipulation is valid and if it is valid at the moment it is made it remains valid even after the nonmonetary stipulation becomes operative. that it I die you shall not be obligated for levirate marriage, she is preliminarily married but his stipulation is invalid.”

footnotes: ⁵⁶ Tosephta Qiddušin ⁵⁷ Addition from E, missing in L. The addition is unquestionably correct even though it is pointed out in Qiddušin

⁵⁸ 5:12; Babli 94a, Giṭṭin 84a; cf. Tosefta kiFshutah Giṭṭin pp. 886–887.“This is the principle enunciated by Rebbi Jehudah ben Tema: Anything which is impossible to keep but he stipulated for her only to put her off¹ 5:12).⁵⁹. Whether we put it in writing or said it orally, everything valid orally is valid when written⁶⁰ 3:1, Notes 40–56.”. ⁶¹ 5:7; Babli Giṭṭin76a. This refers to a man who before departing gave his wife a bill of divorce and stated that she should be divorced if he left Judea, or if he reached Galilee, etc. On the via maris Antipatris (near Petaḥ Tiqwah) was the border station in Judea and Kefar Othnay (Kafr Uthnay near Megiddo) the border station in Galilee; Mishnah Giṭṭin 7:8.“And Kefar Othnay belongs to Galilee, Antipatris to Judea; the places in between are interpreted stringently⁶² passing through Samaria is indeterminate in halakhah, if the husband, e. g., left Judea but did not reach Galilee the wife is “divorced and not divorced.”.”

footnotes: ⁵⁸ Tosephta Giṭṭin ¹ But any condition which was intended to be impossible to keep is void. If a man divorces his wife saying, this is your letter of divorce on condition that you cross the ocean on your feet, or that you fly in the air like a bird, she is unconditionally divorced (Tosephta Giṭṭin ⁵⁹ The majority opinion in the Tosephta and the Babli holds that a bill of divorce given with an impossible stipulation is invalid. ⁶⁰ In general, conditions written into a bill of divorce invalidate the entire bill. Cf. Giṭṭin ⁶¹ Tosephta Giṭṭin ⁶² Since the position of the stretch of the via maris