Bava Metzia 92b
בבא מציעא צ״ב ע״ב
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Topic
Does a פועל eat from his own wages (משלו) or as a gift from Heaven (משל שמים)? Two ברייתות are tested against both sides.
Overview
The גמרא is testing whether a worker who eats from the crop he works on eats 'from his own' (משלו, the food is part of his pay) or 'from Heaven' (משל שמים, a special gift the Torah gives him). First it finishes a ברייתא about tithes. That ברייתא seems to challenge משלו, but רבינא answers that the son's case only 'looks like a sale.' Next, a משנה about נטע רבעי seems to challenge משל שמים, and the גמרא answers that the hiring only 'looks like a mistaken deal.' The סיפא of that משנה, about opened wine barrels, seems to break this answer. The גמרא rescues it with two versions of when wine becomes obligated in מעשר, plus local customs that made the workers' mistake reasonable. Then a משנה about who may give up the right to eat is tested, and it is set against רבי הושעיא's ברייתא. The גמרא explains that the two do not argue: the difference is whether the man feeds his household, and a father may never make his young children suffer. The amud ends as the גמרא begins to challenge its reading of the משנה, and that challenge continues on the next amud.
Opening lines
הֲרֵי זֶה אוֹכֵל וּפָטוּר מִן הַמַּעֲשֵׂר.
this one eats and is exempt from tithe.
״עַל מְנָת שֶׁאוֹכֵל אֲנִי וּבְנִי״,
'On condition that I and my son eat,'
אוֹ ״שֶׁיֹּאכַל בְּנִי בִּשְׂכָרִי״
or 'that my son eat in exchange for my wages'
– הוּא אוֹכֵל וּפָטוּר,
he eats and is exempt,
The steps (28)
- ProofEnd of the ברייתא: the worker is exempt from tithes, his son is not
- ChallengeChallenge: if the food is his own, why is the son obligated?
- Resolutionרבינא: the son's case looks like a sale
- ProofNew source: workers hired for נטע רבעי
- ChallengeChallenge: if it is Heaven's gift, why must the owner feed them?
- ResolutionAnswer: it looks like a mistaken deal
- ProofThe end of the teaching: broken fig cakes and opened barrels
- ChallengeIf the eating comes from Heaven, why tithe and feed them?
- RejectionThe mistaken-deal answer works for fig cakes but not for wine
- Resolutionרב ששת: the barrels spilled back into the pit
- ChallengeBut wine is obligated once it goes into the pit
- ResolutionFollowing רבי עקיבא: wine is obligated only once skimmed
- ChallengeThey should have suspected it was skimmed
- ResolutionWhere the one who draws the wine also skims it
- ResolutionA different version of the dispute gives a simpler answer
- ChallengeThey should have suspected it was already drained
- ResolutionWhere the same person seals and drains the barrels
- ProofA new proof: who can waive the right to eat
- ProofWhy minors cannot give up eating
- RejectionThe משנה is about a man who does not feed them
- ChallengeThen adults should be the same
- ResolutionAdults know and agree to give it up
- ChallengeA ברייתא allows it for minor slaves
- ProofMaybe they argue about משלו versus משל שמים
- RejectionEveryone holds משלו; the cases are different
- ChallengeThen he should be able to do it for minor children
- ResolutionThe Torah does not let him make his young children suffer
- ChallengeRecalling how the משנה was explained, to prepare a new challenge