Bava Metzia 87b
בבא מציעא פ״ז ע״ב
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Topic
The source and the detailed rules of a פועל's right to eat from the produce he works with
Overview
The amud opens with the last words of the משנה, which lists the cases where a פועל (hired worker) may not eat from the produce he works with. The גמרא then asks where the worker's right to eat comes from. It tries to learn all crops from the פסוק about a כרם, and then from the פסוק about קמה. Each one turns out to have something special: עוללות for the vineyard and חלה for grain. A הצד השוה of the two is then attacked, because both are used on the מזבח. So שמואל learns the rule from the word חרמש, and רבי יצחק adds the word קמה to include all standing produce. The גמרא then asks why the כרם פסוק is needed at all. רבא answers that it teaches its own details, and a ברייתא lists them: it speaks of a worker, a Jew's vineyard (or, for one view, not הקדש), real eating of grapes alone, an exemption from מעשר like the owner, eating until full but not too much, and eating only while filling the owner's vessels. The amud ends as רבי ינאי begins a teaching about when טבל becomes obligated in מעשר, which continues on the next amud.
Opening lines
בְּשָׁעָה שֶׁאֵין גְּמַר מְלָאכָה,
at a time that is not the completion of the work,
וּבְתָלוּשׁ מִן הַקַּרְקַע
and with produce detached from the ground
מֵאַחַר שֶׁנִּגְמְרָה מְלַאכְתּוֹ,
after its work has already been completed,
וּבְדָבָר שֶׁאֵין גִּידּוּלוֹ מִן הָאָרֶץ.
and with something whose growth is not from the land.
The steps (39)
- StatementEnd of the משנה: Cases Where a Worker May Not Eat
- QuestionWhere Does the Worker's Right to Eat Come From?
- ResponseThe Source: The Verse About a Vineyard
- QuestionThe Verse Only Mentions a Vineyard. What About Other Crops?
- ResponseLearning All Crops From the Vineyard
- ChallengeA Vineyard Is Different Because of עוללות
- ResolutionLearn Instead From Standing Grain
- QuestionWhere Do We Learn Standing Grain Itself?
- ResponseThe Verse About Standing Grain
- ChallengeGrain is special because of חלה
- QuestionDoes the פסוק really mean grain that needs חלה
- ResponseA גזירה שוה from the word קמה
- ChallengeBack to the challenge: grain has חלה
- ResolutionThe vineyard proves חלה is not the reason
- ChallengeThe vineyard is special because of עוללות
- ResolutionGrain proves עוללות is not the reason
- ConclusionThe shared feature of vineyard and grain applies to all produce
- ChallengeVineyard and grain share a link to the altar
- StatementThen olives should be included too
- ChallengeWhy do olives need the common feature at all?
- ResolutionAn olive grove is not a plain vineyard
- ChallengeThe main difficulty still stands
- Resolutionשמואל learns it from the word 'sickle'
- ChallengeThe word 'sickle' is needed for timing
- ResolutionThe timing rule comes from a different פסוק
- ChallengeWhat about produce not cut with a sickle?
- Resolutionרבי יצחק: the word קמה includes all standing produce
- ChallengeBut קמה was limited to produce obligated in חלה
- ResolutionOnce חרמש teaches, קמה is freed for a broad reading
- ChallengeThen why do we need the פסוק of the neighbor's vineyard?
- Resolutionרבא: The verse is needed for its own special rules
- StatementYour neighbor's vineyard, not a non-Jew's vineyard
- ChallengeWhy is a verse needed if stealing from a non-Jew is permitted?
- ResolutionThat view reads it as excluding הקדש
- StatementEat the grapes properly: no sucking, nothing added
- StatementThe worker is exempt from מעשר just like the owner
- StatementEat until full, but not excessive eating
- StatementHe eats only while filling the owner's baskets
- Statementרבי ינאי begins: when טבל becomes obligated in מעשר