I saw the ritva and rashba (yevamos 122 amud alef) bring a Ramban that if someone does avodah on a field during shemita he food becomes assur. Is this only if the field is owned by a Jew or even if its owned by a goy nd a Jew does avodah bi-issur during shemita (eg he is a hired worker).
Is this dina din deorisa or rebanon?
Do we pasken like this Ramban?
Thanks
A K,
Dear A K,
We cannot take Halacha l'Maaseh responsibility.
The Ramban and Raavad forbid but the Rambam allows Neevad (Bediavad). The Issur is only Midrabanan (but in one place the Raavad forbids Min HaTorah (See Rambam Hilchos Shmita 4:1, 4:15 and Derech Emuna 4:107 and Biur Halacha there.
The Chazon Ish allows Neevad. Minhag Yerushalayim is to forbid.
Concerning a Jewish worker I didn't find sources.
All the best, Reuven Weiner