1)

DOES A WORKER HAVE AN OBLIGATION TO TITHE? (Yerushalmi Ma'asros Perek 2 Halachah 4 Daf 11a)

îùðä äàåîø ìçáéøå äéìê àéñø æä áòùøéí úàðéí ùàáåø ìé áåøø åàåëì.

(a)

(Mishnah): If a person says to his friend, "Take this Issar for 20 figs that I will select (from the tree)''; he may select and eat (without tithing).

áàùëåì ùàáåø ìé îâøâø åàåëì.

1.

If he says, "...for a cluster of grapes that I will select'', he may pick (grapes from the cluster) and eat.

áøéîåï ùàáåø ìé ôåøè åàåëì.

2.

If he says, "...for a pomegranate that I will select'', he may split and eat from a (still attached) pomegranate.

áàáèéç ùàáåø ìé ñåôú åàåëì.

3.

If he says, "...for a watermelon that I will select'', he may cut a piece and eat it.

àáì àí àîø ìå áòùøéí úàðéí àìå áùðé àùëåìåú àìå áùðé øéîåðéí àìå áùðé àáèéçéí àìå àåëì ëãøëå åôèåø îôðé ù÷ðä áîçåáø ì÷ø÷ò.

(b)

But if he said to him, "for these 20 figs'', "for these two clusters'', "for these two pomegranates'', "for these two watermelons'', he may eat them in the regular way and still be exempt from tithing, since he acquired them whilst still attached to the ground.

äùåëø àú äôåòì ì÷öåú áúàðéí. àîø ìå òì îðú ùàåëì úàðéí äåà àåëì åôèåø.

(c)

If a person hired a worker to harvest figs and the worker told him, "It's on condition that I can eat the figs (whilst harvesting)'', he may eat and is exempt from tithing.

ò''î ùàåëì àðé åáðé àå ùéàëì áðé áùëøé äåà àåëì åôèåø åáðå àåëì åçééá.

1.

If the worker said, "It's on condition that I and my son can eat'' or "that my son can eat as (part of) my wages''; he may eat and he is exempt but his son may eat and is obligated.

òì îðú ùàåëì áùòú ä÷öéòä åìàçø ä÷öéòä áùòú ä÷öéòä àåëì åôèåø åìàçø ä÷öéòä àåëì åçééá ùàéðå àåëì îï äúåøä.

2.

If the worker said, "It's on condition that I can eat at the time it's made into dried figs and afterwards''; at that time he may eat and is exempt; afterwards, he may eat but he is obligated (to tithe) as at that point, on a Torah level, he has no rights to eat from the crop.

æä äëìì [ëì] äàåëì îï äúåøä ôèåø åùàéðå àåëì îï äúåøä çééá.

(d)

The rule is - whoever has a Torah right to eat is exempt from tithing. Whoever does not have a Torah right to eat is obligated.

äéä òåùä áìáñéí ìà éàëì ááðåú ùáò ááðåú ùáò ìà éàëì áìáñéí. àáì îåðò äåà àú òöîå òã ùäåà îâéò ìî÷åí äéôåú åàåëì.

(e)

If a worker was harvesting poor figs, he may not eat from Bnos Sheva (which are good figs) and vice-versa. But he may withhold himself until he reaches the area of the good figs, and then eat there.

äîçìéó òí çáéøå æä ìåëì åæä ìåëì æä ì÷öåú åæä ì÷öåú æä ìåëì åæä ì÷öåú çééá.

(f)

One who exchanges fresh figs or drying figs with his friend or he exchanges his fresh figs for his friend's drying figs, he is obligated to tithe (as it's like a sale).

øáé éäåãä àåîø äîçìéó ìåëì çééá ì÷öåú ôèåø:

(g)

(R. Yehuda): If he exchanges for fresh figs, he is liable; for drying figs, he is exempt.

âîøà [ãó éç òîåã á (òåæ åäãø)] øáé éåñé áùí øáé éåçðï îâøâø àçú àçú åäåìê åàåëì.

(h)

(Gemara) (R. Yosi citing R. Yochanan): (When the Mishnah taught that he may pick (grapes from the cluster) and eat.) It means that he may pick them one by one and eat (but if he collected two or more in his hand, he must tithe).

àîø ìéä øáé çééà áø ååà åëï øáé äåä òáéã.

1.

(R. Chiya bar Vava to him): Rebbi also did this.

úðé áùí øáé éåñé àáèéç ùñôú áå àôéìå ëì ùäåà ÷ðéå.

(i)

(Baraisa citing R. Yosi): If even a small piece was cut from a watermelon, no more should be cut until he eats the first piece; and if he did cut more, he must tithe.

øáé éåðä áòé àó áøéîåï ëï.

(j)

Question (R. Yona): Is it the same for a pomegranate? (The Gemara leaves this question unanswered.)

ìîä ìé òì îðú àôéìå ùìà òì îðú.

(k)

Question: (The Mishnah taught that if the worker told him, "It's on condition that I can eat the figs'', he may eat and is exempt from tithing.) Why is this true only if he stipulated? (The Torah permits him to eat!)

øáé àáéï áùí øáé ùîéé ìëï öøéëä àôéìå àîø ìå òì îðú.

(l)

Answer (R. Avin citing R. Simai): It teaches that even if he stipulated, since the Torah permits him, it's not considered an acquisition and he is exempt from Maaser.

úîï úðéðï äéä òåùä áéãéå àáì ìà áøâìéå áøâìéå àáì ìà áéãéå àôéìå òì ëúéôå äøé æä éàëì.

(m)

(Mishnah in Maseches Bava Metzia): If a worker was working with his hands but not his feet or his feet but not his hands, or even if he is using only his shoulder, the Torah permits him to eat.

åúðé ëï áéãå àåâã áøâìéå îñîéê àôéìå òì ëúéôå èåòï.

1.

(Baraisa): (How is this?) He could be using only his hands by tying the produce. He could be using only his feet by pushing together all of the fruit into a pile (with his feet). He could be using only is shoulder by carrying bundles.

øáé éåñé áé øáé éäåãà àåîø òã ùéòùä áéãéå åáøâìéå åáâåôå ëãééù îä ãééù ùäåà òåùä áéãéå åáøâìéå åáâåôå àó ëì ãáø ùäåà òåùä áéãéå åáøâìéå åáâåôå.

(n)

(R. Yosi bei R. Yehuda): The Torah permits him to eat only if he is using his hands, his feet and his body, like an ox that is threshing (as the pasuk states in Devarim 25:4, 'Do not muzzle an ox in its threshing').

ãééù îä ãééù îéåçã ùäåà áúìåù àó ëì ùäåà áúìåù éöà äîðëù áùåí åááöìéí åäîñîê áâôðéí åäòåãø úçú äæéúéí.

1.

Just as threshing is done with detached produce, so too anything that is done with detached produce. This excludes weeding around garlic and onions, arranging canes upon which vine branches can grow and hoeing under olive trees.

[ãó éè òîåã à (òåæ åäãø)] ãééù îä ãééù îéåçã ùâéãåìéå îï äàøõ àó ëì ãáø ùâéãåìéå îï äàøõ éöà äçåìá åäîâáï åäîçáõ.

2.

Just as threshing is done with produce that grows from the ground, so too anything that grows from the ground. This excludes one who milks, makes cheese or makes butter.

ãééù îä ãééù îéåçã ãáø ùìà ðâîø îìàëúå àó ëì ãáø ùìà ðâîø îìàëúå éöà äáåãì áúîøéí åäîôøã áâøåâøåú åäééï îùé÷ôä åäùîï îùéøã ìòå÷ä.

3.

Just as threshing is done with produce whose process is not complete, so too anything that is not yet complete. This excludes one who separates dates, one who separates dried figs, one who brings up wine from the pit and one who removes oil from the pit.

ãééù îä ãééù îéåçã ãáø ùìà áà ìæé÷ú äîòùøåú àó ëì ãáø ùìà áà ìæé÷ú äîòùøåú éöà äìù åäî÷èó åäàåôä.

4.

Just as threshing doesn't cause an obligation of Ma'asros, so too anything that does not cause it. This excludes one who kneads, one who applies water to the surface of dough and one who bakes (since they bring about an obligation to tithe.)

ëúéá (ãáøéí ëâ) ëé úáåà á÷îú øòê éëåì áùàø ëì àãí äëúåá îãáø ú''ì (ùí) åçøîù ìà úðéó òì ÷îú øòê àú ùéù ìå øùåú ìäðéó åàé æä æä æä äôåòì.

(o)

The pasuk states (Devarim 23:26), "When you enter your neighbor's standing grain, (you may pick the ears with your hand, but you may not lift a sickle upon your neighbor's standing grain)''. I might have thought that anyone may come and eat...the pasuk states, "but you may not lift a sickle upon your neighbor's standing grain'' - it refers to one who has permission to lift a sickle; namely, a worker.

[ãó éà òîåã á] àéñé áï ò÷áéà àåîø áùàø ëì àãí äëúåá îãáø îä úìîåã ìåîø åçøîù ìà úðéó îëàï ùàéï ìå øùåú ìàëåì àìà áùòú äðôú îâì.

(p)

(Isi ben Akavia): (Disagreeing) The pasuk is referring to anyone and the phrase "but you may not lift a sickle'' teaches that they may only eat at the time of moving the sickle, i.e. harvest, when the produce is completed.

úðé øáé ùîòåï áï éåçé àåîø òã àéëï ãé÷ã÷ä äúåøä áâæì ùöøéëä ìãåï áéï àãí ìçáéøå òã ëãé äðôú îâì. áúåê ëï âãåìä îìàëä ùìà çøá ãåø äîáåì àìà òã îôðé äâæì. åôåòì òåùä áîìàëúå åàåëì åôèåø îï äâæì.

(q)

(Baraisa) (R. Shimon ben Yochai): The Torah was so careful about theft, that it only permitted picking at harvest time. And through this we also learn the importance of work, that even though the generation of the flood was given its verdict of destruction because of theft, the worker is permitted to eat whilst working and is not prohibited because of theft, since he is working.

ëúéá (ãáøéí ëä) ìà úçñåí ùåø áãéùå àéï ìé àìà ùåø áúìåù åàãí áîçåáø àãí îäå ùéàëì áúìåù.

(r)

Question: The pasuk states (Devarim 25:4), "Don't muzzle an ox in its threshing'' - this would only apply to an ox working with detached produce and a person with attached produce (as a person was learned from the earlier pasuk "when you enter your neighbor's standing grain'', which was at harvest time, when the crops are still attached). What about a person eating when working with detached produce?

îä àí äùåø ùàéðå àåëì áîçåáø àåëì áúìåù àãí ùàåëì áîçåáø àéðå ãéï ùéàëì áúìåù

1.

Answer: If an ox that may not eat from attached produce may eat from detached produce; a person, who may eat from attached produce, should certainly be able to eat from detached produce.

[ãó éè òîåã á (òåæ åäãø)] úìîåã ìåîø ìà úçñåí ùåø áãéùå ùåø áìà úçñåí åàéï àãí áìà úçñåí.

2.

Rebuttal: The pasuk states, 'Don't muzzle an ox in its threshing' - there's a prohibition to muzzle an ox, but not a person.

ùåø îäå ùéàëì áîçåáø

(s)

Question: May an ox eat when working with attached produce?

îä àãí ùàéðå àåëì áúìåù àåëì áîçåáø ùåø ùàåëì áúìåù àéðå ãéï ùéàëì áîçåáø

1.

Answer: If a person, who may not eat from detached, may eat from attached; an ox that may eat from attached should certainly be permitted to eat from attached.

(àå)[àé] îä ëàï áìà úçñåí àó ëàï áìà úçñåí

2.

Question: If so, just as muzzling is prohibited for detached produce, it should be prohibited for attached produce?

úìîåã ìåîø ìà úçñåí ùåø áãéùå áãéùå àéï àú çåñîå àáì çåñîå àú áîçåáø ì÷ø÷ò.

3.

Answer: The pasuk states, "Don't muzzle an ox in its threshing'', in threshing you may not muzzle it, but you may muzzle if its working with produce attached to the ground.

îéëï àîøå ÷åöõ äåà àãí òì éãé òöîå òì éãé áðå åáúå äâãåìéí åòì éãé òáãå åùôçúå äâãåìéí åòì éãé àùúå îôðé ùéù áäï ãòú àáì àéðå ÷åöõ òì éãé áðå åáúå ä÷èðéí åìà òì éãé òáãå åùôçúå ä÷èðéí åìà òì éãé áäîúå îôðé ùàéï áäï ãòú.

(t)

From here they said that a person stipulate with his employer that he wishes to receive money rather than eat. He can also do this for adult sons and daughters, his adult slaves and maidservants or his wife, since they have understanding (and can forgo eating the produce). But he cannot stipulate for his young son or daughter, his young slaves or maidservants or for his animal, since they do not have understanding (to forgo eating).

ìà öøéëä äàåëì îï äúåøä éäà çééá.

(u)

Question: (The Mishnah taught that a worker who is permitted to eat by the Torah is exempt from tithing.) On the contrary, he should be obligated (since the Torah right to eat is like an acquisition by the worker)?

àîø øáé éåðä äúåøä ôèøä àåúå [ãëúéá ëðôùê]

(v)

Answer (R. Yona): The Torah exempted him from tithing, as the pasuk states (Devarim 23:25), "(When you enter your neighbor's vineyard, you may eat as many grapes) as you desire...''.