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Today's Daf Yomi

January 15, 2017 | ื™ืดื– ื‘ื˜ื‘ืช ืชืฉืขืดื–

  • This month's learning is sponsored by Terri Krivosha for the Refuah Shlemah of her husband Harav Hayim Yehuda Ben Faiga Rivah.ย 

  • This month's learning is dedicated by Debbie and Yossi Gevir to Rabbanit Michelle and the Hadran Zoom group for their kindness, support, and care during a medically challenging year.

Bava Metzia 111

Study Guide Bava Metzia 111. Halachot regarding the obligation to pay a worker on time: what is the time frame? ย Does it depend on when he worked? ย How long did you hire him for? ย Was it a week long job, etc.? ย What time of day/night did he finish the job? ย Does the same apply for a rental payment for one who rents animals or vessels? ย To a ger toshav (one who keeps the seven Noachide commandments)? ย These laws appear in the Torah in 2 different places. ย The rabbis understand each section as referring to 2 different cases (day worker/night worker). ย Do each of these apply to rentals also and to a ger toshav ย There is a 3 way tannaitic debate regarding this.


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ื•ื–ื” ืœืคื™ ืฉืื™ืŸ ืคืขื•ืœืชื• ืืฆืœื• ื”ื™ื›ื™ ื“ืžื™ ืื™ ื“ืืžืจ ืœื”ื• ืฉื›ืจื›ื ืขืœื™ ืฉื›ืจื• ืขืœื™ื• ื”ื•ื ื“ืชื ื™ื ื”ืฉื•ื›ืจ ืืช ื”ืคื•ืขืœ ืœืขืฉื•ืช ื‘ืฉืœื• ื•ื”ืจืื”ื• ื‘ืฉืœ ื—ื‘ื™ืจื• ื ื•ืชืŸ ืœื• ืฉื›ืจื• ืžืฉืœื ื•ื—ื•ื–ืจ ื•ื ื•ื˜ืœ ืžื‘ืขืœ ื”ื‘ื™ืช ืžื” ืฉื”ื”ื ื” ืื•ืชื•

And that one, the middleman, is exempt because his work is not performed for him. The Gemara asks: What are the circumstances of this case? If the middleman said to them: Your wages are incumbent upon me, his wages are indeed upon him, as the one who hired the workers bears full responsibility. As it is taught in a baraita: With regard to one who hires a laborer to perform work in his own field, and the employer inadvertently showed the laborer a field belonging to another in which he should work, the employer must give the laborer his full wages; and in addition, the employer goes back and takes from the owner of the field in which he worked the value of the benefit that owner received from the laborer. The employer is entitled to claim from the owner of the field the profit that owner gained from the work, but not the entire wages of the laborer. This indicates that one who says: Your wage is incumbent upon me, is responsible for the arrangement.

ืœื ืฆืจื™ื›ื ื“ืืžืจ ืœื”ื• ืฉื›ืจื›ื ืขืœ ื‘ืขืœ ื”ื‘ื™ืช

The Gemara explains: No, it is necessary to state this halakha where the middleman said to them: The obligation to pay your wages is incumbent upon the employer, in which case they share responsibility for the payment and neither violates the prohibition.

ื™ื”ื•ื“ื” ื‘ืจ ืžืจื™ืžืจ ืืžืจ ืœื™ื” ืœืฉืžืขื™ื” ื–ื™ืœ ืื’ื™ืจ ืœื™ ืคื•ืขืœื™ื ื•ืื™ืžื ืœื”ื• ืฉื›ืจื›ื ืขืœ ื‘ืขืœ ื”ื‘ื™ืช ืžืจื™ืžืจ ื•ืžืจ ื–ื•ื˜ืจื ืื’ืจื™ ืœื”ื“ื“ื™

The Gemara relates: Yehuda bar Mareimar would say to his attendant: Go hire workers for me and say to them: Your wages are upon the employer. Yehuda bar Mareimar instructed the attendant to do this in order to avoid violating the prohibition of delaying payment of wages. Mareimar and Mar Zutra would hire workers for each other for the same reason.

ืืžืจ ืจื‘ื” ื‘ืจ ืจื‘ ื”ื•ื ื ื”ื ื™ ืฉื•ืงืื™ ื“ืกื•ืจื ืœื ืขื‘ืจื™ ืžืฉื•ื ื‘ืœ ืชืœื™ืŸ ืžื™ื“ืข ื™ื“ืขื™ ื“ืขืœ ื™ื•ืžื ื“ืฉื•ืงื ืกืžื™ื›ื™ ืื‘ืœ ืžืฉื•ื ื‘ืœ ืชืฉื”ื ื•ื“ืื™ ืขื•ื‘ืจ

Rabba bar Rav Huna said: Those marketplace workers of Sura do not violate the prohibition by Torah law of delaying payment of wages, in the event that they do not pay their employees immediately. This is because everyone knows that they rely on the market day to earn their money, and the employees are aware that they will not be paid on the same day that they worked. But he certainly violates the prohibition by rabbinic law of: Do not delay, if he withholds payment any later than the market day.

ืฉื›ื™ืจ ืฉืขื•ืช ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื” ื•ื›ืœ ื”ื™ื•ื ืืžืจ ืจื‘ ืฉื›ื™ืจ ืฉืขื•ืช ื“ื™ื•ื ื’ื•ื‘ื” ื›ืœ ื”ื™ื•ื ืฉื›ื™ืจ ืฉืขื•ืช ื“ืœื™ืœื” ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื” ื•ืฉืžื•ืืœ ืืžืจ ืฉื›ื™ืจ ืฉืขื•ืช ื“ื™ื•ื ื’ื•ื‘ื” ื›ืœ ื”ื™ื•ื ื•ืฉื›ื™ืจ ืฉืขื•ืช ื“ืœื™ืœื” ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื” ื•ื›ืœ ื”ื™ื•ื

ยง The mishna teaches that an hourly laborer collects his wages all night and all day. Rav says: An hourly laborer who worked by day collects his wages all that day, while an hourly laborer who worked by night collects his wages all that night. And Shmuel says: An hourly laborer who worked by day indeed collects his wages all that day, but an hourly laborer by night collects his wages all that night and all the following day.

ืชื ืŸ ืฉื›ื™ืจ ืฉืขื•ืช ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื” ื•ื›ืœ ื”ื™ื•ื ืชื™ื•ื‘ืชื ื“ืจื‘ ืืžืจ ืœืš ืจื‘ ืœืฆื“ื“ื™ืŸ ืงืชื ื™ ืฉื›ื™ืจ ืฉืขื•ืช ื“ื™ื•ื ื’ื•ื‘ื” ื›ืœ ื”ื™ื•ื ืฉื›ื™ืจ ืฉืขื•ืช ื“ืœื™ืœื” ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื”

We learned in the mishna: An hourly laborer collects his wages all night and all day. This is apparently a conclusive refutation of Rav. The Gemara answers: Rav could have said to you that he teaches the mishna disjunctively in the following manner: An hourly laborer by day collects his wages all day, while an hourly laborer by night collects his wages all night.

ืชื ืŸ ื”ื™ื” ืฉื›ื™ืจ ืฉื‘ืช ืฉื›ื™ืจ ื—ื“ืฉ ืฉื›ื™ืจ ืฉื ื” ืฉื›ื™ืจ ืฉื‘ื•ืข ื™ื•ืฆื ื‘ื™ื•ื ื’ื•ื‘ื” ื›ืœ ื”ื™ื•ื ื™ื•ืฆื ื‘ืœื™ืœื” ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื” ื•ื›ืœ ื”ื™ื•ื

We learned in the mishna: If he was a weekly laborer, a monthly laborer, a yearly laborer, or a laborer for a Sabbatical cycle of seven years, if he left upon the completion of his work in the day, he collects his wages all day; if he left at night, he collects his wages all night and all day. This indicates that one who finishes his work at night can be paid throughout the following day as well.

ืืžืจ ืœืš ืจื‘ ืชื ืื™ ื”ื™ื ื“ืชื ื™ื ืฉื›ื™ืจ ืฉืขื•ืช ื“ื™ื•ื ื’ื•ื‘ื” ื›ืœ ื”ื™ื•ื ืฉื›ื™ืจ ืฉืขื•ืช ื“ืœื™ืœื” ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื” ื“ื‘ืจื™ ืจื‘ื™ ื™ื”ื•ื“ื” ืจื‘ื™ ืฉืžืขื•ืŸ ืื•ืžืจ ืฉื›ื™ืจ ืฉืขื•ืช ื“ื™ื•ื ื’ื•ื‘ื” ื›ืœ ื”ื™ื•ื ืฉื›ื™ืจ ืฉืขื•ืช ื“ืœื™ืœื” ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื” ื•ื›ืœ ื”ื™ื•ื

The Gemara replies: Rav could have said to you that it is a dispute between tannaโ€™im, as it is taught in a baraita: An hourly laborer by day collects his wages all day, while an hourly laborer by night collects his wages all night; this is the statement of Rabbi Yehuda. Rabbi Shimon says: An hourly laborer by day collects his wages all day, while an hourly laborer by night collects his wages all night and all day.

ืžื›ืืŸ ืืžืจื• ื›ืœ ื”ื›ื•ื‘ืฉ ืฉื›ืจ ืฉื›ื™ืจ ืขื•ื‘ืจ ื‘ื—ืžืฉื” ืฉืžื•ืช ื”ืœืœื• ื•ืขืฉื” ืžืฉื•ื ื‘ืœ ืชืขืฉืง ืืช ืจืขืš ื•ืžืฉื•ื ื‘ืœ ืชื’ื–ืœ ื•ืžืฉื•ื ื‘ืœ ืชืขืฉืง ืฉื›ื™ืจ ืขื ื™ ื•ืžืฉื•ื ื‘ืœ ืชืœื™ืŸ ื•ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื•ืžืฉื•ื ืœื ืชื‘ื ืขืœื™ื• ื”ืฉืžืฉ

The baraita continues. From here the Sages stated: Anyone who withholds the wages of a hired laborer violates these five negative prohibitions and one positive mitzva. He violates the prohibition of: โ€œDo not oppress your neighborโ€ (Leviticus 19:13), and the prohibition of: โ€œDo not stealโ€ (Leviticus 19:13), and the prohibition of: โ€œYou should not oppress a hired laborer who is poorโ€ (Deuteronomy 24:14), and the prohibition of delaying payment of wages (Leviticus 19:13), and he has not fulfilled the positive mitzva of: โ€œOn the same day you shall give him his wagesโ€ (Deuteronomy 24:15), and he has violated the prohibition of: โ€œThe sun shall not set upon himโ€ (Deuteronomy 24:15).

ื”ื ื™ ื“ืื™ื›ื ื‘ื™ืžืžื ืœื™ื›ื ื‘ืœื™ืœื™ื ื“ืื™ื›ื ื‘ืœื™ืœื™ื ืœื™ื›ื ื‘ื™ืžืžื ืืžืจ ืจื‘ ื—ืกื“ื ืฉื ืฉื›ื™ืจื•ืช ื‘ืขืœืžื

The Gemara asks: But these five prohibitions do not all take effect at the same time, since those that are applicable by day are not in effect by night, while those that are applicable by night are not relevant by day. How can he be in violation of them all? Rav แธคisda said: It means merely that the general concept of withholding the wages of a hired laborer includes all these prohibitions and one positive mitzva.

ืื™ื–ื” ื”ื•ื ืขื•ืฉืง ื•ืื™ื–ื”ื• ื’ื–ืœ ืืžืจ ืจื‘ ื—ืกื“ื ืœืš ื•ืฉื•ื‘ ืœืš ื•ืฉื•ื‘ ื–ื” ื”ื•ื ืขื•ืฉืง ื™ืฉ ืœืš ื‘ื™ื“ื™ ื•ืื™ื ื™ ื ื•ืชืŸ ืœืš ื–ื” ื”ื•ื ื’ื–ืœ

ยง The Gemara asks: What is defined as oppression and what is defined as stealing, and what is the difference between them? Rav แธคisda said: If he told him: Go and return, go and return (see Proverbs 3:28), avoiding paying him while saying that he will pay him at some point, this is oppression. If he says to him: You have money owed to you in my possession but I will not give it to you, this is stealing.

ืžืชืงื™ืฃ ืœื” ืจื‘ ืฉืฉืช ืื™ื–ื”ื• ืขื•ืฉืง ืฉื—ื™ื™ื‘ื” ืขืœื™ื• ืชื•ืจื” ืงืจื‘ืŸ ื“ื•ืžื™ื ื“ืคืงื“ื•ืŸ ื“ืงื ื›ืคืจ ืœื™ื” ืžืžื•ื ื ืืœื ืืžืจ ืจื‘ ืฉืฉืช ื ืชืชื™ื• ืœืš ื–ื”ื• ืขื•ืฉืง ื™ืฉ ืœืš ื‘ื™ื“ื™ ื•ืื™ื ื™ ื ื•ืชืŸ ืœืš ื–ื” ื”ื•ื ื’ื–ืœ

Rav Sheshet objects to this from a baraita: What is the type of oppression for which the Torah obligated him to bring an offering? It is similar to the case of one who had been entrusted with money as a deposit, where he then denies that he accepted it, thereby keeping the money. This contradicts Rav แธคisdaโ€™s claim that oppression is referring to one who admits that he owes him. Rather, Rav Sheshet said that the difference is as follows: If he said to him: I gave it to you, this is defined as oppression. If he tells him: You have money owed to you in my possession but I am not giving it to you, this is defined as stealing.

ืžืชืงื™ืฃ ืœื” ืื‘ื™ื™ ืื™ื–ื” ื”ื•ื ื’ื–ืœ ืฉื—ื™ื™ื‘ื” ืขืœื™ื• ืชื•ืจื” ืงืจื‘ืŸ ื“ื•ืžื™ื ื“ืคืงื“ื•ืŸ ื‘ืขื™ื ืŸ ื“ืงื ื›ืคืจ ืœื™ื” ืžืžื•ื ื ืืœื ืืžืจ ืื‘ื™ื™ ืœื ืฉื›ืจืชื™ืš ืžืขื•ืœื ื–ื” ื”ื•ื ืขื•ืฉืง ื ืชืชื™ื• ืœืš ื–ื” ื”ื•ื ื’ื–ืœ

Abaye objects to this: What is the type of stealing for which the Torah obligated him to bring an offering? We require it to be similar to the case of one who had been entrusted with money as a deposit, where he then denies that he accepted it, thereby keeping the money. That is unlike the example of stealing given by Rav แธคisda and Rav Sheshet, where the party withholding the money concedes that he owes it. Rather, Abaye said: If he said to him: I never hired you, this is oppression; if he claimed: I gave it to you, this is stealing.

ื•ืœืจื‘ ืฉืฉืช ืžืื™ ืฉื ื ืขื•ืฉืง ื“ืงืฉื™ื ืœื™ื” ื•ืžืื™ ืฉื ื ื’ื–ืœ ื“ืœื ืงืฉื™ื ืœื™ื” ืืžืจ ืœืš ื’ื–ืœ ื“ื’ื–ืœื™ื” ื•ื”ื“ืจ ื›ืคืจื™ื”

The Gemara asks: And according to Rav Sheshet, what is different about oppression that he raised a difficulty against Rav แธคisda concerning it, and what is different about stealing that he did not raise a difficulty, although Abayeโ€™s question was similar to his. The Gemara explains: Rav Sheshet could have said to you: Stealing means that he first stole from him by stating that he will not give him the money, and later denied owing it.

ืื™ ื”ื›ื™ ืืคื™ืœื• ืขื•ืฉืง ื ืžื™ ื“ื”ื“ืจ ื›ืคืจื™ื” ื”ื›ื™ ื”ืฉืชื ื‘ืฉืœืžื ื”ืชื ื›ืชื™ื‘ ืื• ื‘ื’ื–ืœ ืžื›ืœืœ ื“ืื•ื“ื™ ืœื™ื” ืžืขื™ืงืจื ืื‘ืœ ื’ื‘ื™ ืขื•ืฉืง ืžื™ ื›ืชื™ื‘ ืื• ื‘ืขื•ืฉืง ืื• ืขืฉืง ื›ืชื™ื‘ ืฉืขืฉืงื• ื›ื‘ืจ

The Gemara challenges: If so, then even with regard to oppression as well, the case can be that he first conceded that he owes the wages and then later denied it. Why does Rav Sheshet say that the case must be where the employer said to the laborer: I gave it to you? The Gemara responds: How can these cases be compared? Granted, there it is written: โ€œAnd if he deals falsely with his neighbor in a matter of deposit, or of pledge, or of robberyโ€ (Leviticus 5:21), which by inference indicates that he admitted to him at the outset. But with regard to oppression is it written: Or by oppression? It is written: โ€œOr he oppressed,โ€ which does not refer back to his previous denial but is referring to the actual sin, indicating that he had already oppressed him.

ืจื‘ื ืืžืจ ื–ื” ื”ื•ื ืขื•ืฉืง ื–ื”ื• ื’ื–ืœ ื•ืœืžื” ื—ืœืงืŸ ื”ื›ืชื•ื‘ ืœืขื‘ื•ืจ ืขืœื™ื• ื‘ืฉื ื™ ืœืื•ื™ืŸ

Rava said: There is no need for such an artificial distinction, as oppression is the same as stealing, and no practical difference exists between the two categories. And why, then, did the verse divide them into two categories? It did this so that he will violate two prohibitions, stealing and oppression.

ืžืชื ื™ืณ ืื—ื“ ืฉื›ืจ ืื“ื ื•ืื—ื“ ืฉื›ืจ ื‘ื”ืžื” ื•ืื—ื“ ืฉื›ืจ ื›ืœื™ื ื™ืฉ ื‘ื• ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื•ื™ืฉ ื‘ื• ืžืฉื•ื ืœื ืชืœื™ืŸ ืคืขืœืช ืฉื›ื™ืจ ืืชืš ืขื“ ื‘ืงืจ ืื™ืžืชื™ ื‘ื–ืžืŸ ืฉืชื‘ืขื• ืœื ืชื‘ืขื• ืื™ื ื• ืขื•ื‘ืจ ืขืœื™ื• ื”ืžื—ื”ื• ืืฆืœ ื—ื ื•ื ื™ ืื• ืืฆืœ ืฉื•ืœื—ื ื™ ืื™ื ื• ืขื•ื‘ืจ ืขืœื™ื•

MISHNA: Whether referring to a personโ€™s wages that he receives or the renting of an animal or the renting of utensils, are all subject to the prohibition of: โ€œOn the same day you shall give him his wagesโ€ (Deuteronomy 24:15), and are subject to the prohibition of: โ€œThe wages of a hired laborer shall not remain with you all night until the morningโ€ (Leviticus 19:13). When does he transgress these prohibitions? He transgresses them when the one owed the money claimed the payment from him. If he did not claim his payment from him the other does not transgress the prohibitions. If the one who owes the money transferred his payment by leaving instructions with a storekeeper or with a money changer to pay him, he does not transgress the prohibitions.

ืฉื›ื™ืจ ื‘ื–ืžื ื• ื ืฉื‘ืข ื•ื ื•ื˜ืœ ืขื‘ืจ ื–ืžื ื• ืื™ื ื• ื ืฉื‘ืข ื•ื ื•ื˜ืœ ืื ื™ืฉ ืขื“ื™ื ืฉืชื‘ืขื• ื‘ื–ืžื ื• ื”ืจื™ ื–ื” ื ืฉื‘ืข ื•ื ื•ื˜ืœ

The mishna discusses other related halakhot: If a hired laborer requests payment at the proper time and the employer claims he already paid him, the laborer takes an oath that he did not receive his wages and then takes the wages from the employer. If the time had passed, he does not take an oath and take the wages. If there are witnesses who testify that he claimed the money from him at the proper time, he takes an oath and takes the money.

ื’ืจ ืชื•ืฉื‘ ื™ืฉ ื‘ื• ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื•ืื™ืŸ ื‘ื• ืžืฉื•ื ืœื ืชืœื™ืŸ ืคืขื•ืœืช ืฉื›ื™ืจ ืืชืš ืขื“ ื‘ืงืจ

One who hires a gentile who resides in Eretz Yisrael and observes the seven Noahide mitzvot [ger toshav] is subject to the prohibition of: โ€œOn the same day you shall give him his wages,โ€ but is not subject to the negative mitzva of: โ€œThe wages of a hired laborer shall not remain with you all night until the morning.โ€

ื’ืžืณ ืžื ื™ ืžืชื ื™ืชื™ืŸ ืœื ืชื ื ืงืžื ื“ืžืื—ื™ืš ื•ืœื ืจื‘ื™ ื™ื•ืกื™ ื‘ืจื‘ื™ ื™ื”ื•ื“ื” ืžืื™ ื”ื™ื ื“ืชื ื™ื

GEMARA: The Gemara asks: Whose opinion is expressed in the mishna? It is not that of the first tanna of the baraita, who interprets the phrase: โ€œFrom your brothersโ€ (Deuteronomy 24:14), and it is not Rabbi Yosei, son of Rabbi Yehuda. The Gemara clarifies: What is this baraita that is referred to here? The Gemara explains: As it is taught in a baraita:

ืžืื—ื™ืš ืคืจื˜ ืœืื—ืจื™ื ื’ืจืš ื–ื” ื’ืจ ืฆื“ืง ื‘ืฉืขืจื™ืš ื–ื” ืื•ื›ืœ ื ื‘ื™ืœื•ืช

The verse states: โ€œYou shall not oppress a hired laborer who is poor and needy, whether he be from your brothers or from your stranger that is in your land within your gatesโ€ (Deuteronomy 24:14), which is interpreted as follows: The term โ€œfrom your brothersโ€ serves to exclude others, i.e., gentiles, who are not your brothers. As for the term โ€œyour stranger,โ€ this is referring to a righteous convert. As for the term โ€œwithin your gates,โ€ this is referring to a ger toshav who lives in Eretz Yisrael and eats unslaughtered animal carcasses because he has not accepted Judaism upon himself.

ืื™ืŸ ืœื™ ืืœื ืฉื›ืจ ืื“ื ืžื ื™ืŸ ืœืจื‘ื•ืช ื‘ื”ืžื” ื•ื›ืœื™ื ืชืœืžื•ื“ ืœื•ืžืจ ื‘ืืจืฆืš ื›ืœ ืฉื‘ืืจืฆืš ื•ื›ื•ืœืŸ ืขื•ื‘ืจื™ื ื‘ื›ืœ ื”ืฉืžื•ืช ื”ืœืœื•

I have derived only that the prohibitions of delaying wages apply to the hire of people. From where do I know to include payment for the rental of animals and utensils in the prohibition of delaying wages? The verse states: โ€œIn your land,โ€ which includes all that is in your land. And in all of the above cases of delaying payment they transgress all of these prohibitions which apply to delaying payment.

ืžื›ืืŸ ืืžืจื• ืื—ื“ ืฉื›ืจ ืื“ื ื•ืื—ื“ ืฉื›ืจ ื‘ื”ืžื” ื•ืื—ื“ ืฉื›ืจ ื›ืœื™ื ื™ืฉ ื‘ื• ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื•ื™ืฉ ื‘ื”ืŸ ืžืฉื•ื ื‘ืœ ืชืœื™ืŸ ืคืขืœืช ืฉื›ื™ืจ ืจื‘ื™ ื™ื•ืกื™ ื‘ืจื‘ื™ ื™ื”ื•ื“ื” ืื•ืžืจ ื’ืจ ืชื•ืฉื‘ ื™ืฉ ื‘ื• ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื•ืื™ืŸ ื‘ื• ืžืฉื•ื ืœื ืชืœื™ืŸ ื‘ื”ืžื” ื•ื›ืœื™ื ืื™ืŸ ื‘ื”ืŸ ืืœื ืžืฉื•ื ื‘ืœ ืชืขืฉืง ื‘ืœื‘ื“

From here the Sages stated: Whether referring to the hire of a person or the rental of an animal or the rental of utensils, all are subject to the prohibition of: โ€œOn the same day you shall give him his wagesโ€ (Deuteronomy 24:15), and they are likewise subject to the prohibition of delaying the payment of wages of a hired laborer (Leviticus 19:13). Rabbi Yosei, son of Rabbi Yehuda, says: One who hires a ger toshav is subject to the prohibition of: โ€œOn the same day you shall give him his wages,โ€ but is not subject to the prohibition of delaying payment of wages, and the payment of rent of an animal or vessels is included only in the prohibition of: โ€œDo not oppressโ€ alone.

ืžื ื™ ืื™ ืชื ื ืงืžื ื“ืžืื—ื™ืš ืงืฉื™ื ื’ืจ ืชื•ืฉื‘ ืื™ ืจื‘ื™ ื™ื•ืกื™ ืงืฉื™ื ื‘ื”ืžื” ื•ื›ืœื™ื

The Gemara returns to its initial question: In accordance with whose opinion is the mishna? If it is in accordance with the opinion of the first tanna of the baraita, who interprets the verse: โ€œFrom your brothers,โ€ the halakha of a ger toshav is difficult, as he equates a ger toshav with a Jew, unlike the mishna. If it is in accordance with the opinion of Rabbi Yosei, son of Rabbi Yehuda, the halakha of the rental payment of animals and vessels is difficult, as Rabbi Yosei maintains they are not included in any of the prohibitions except for: Do not oppress.

ืืžืจ ืจื‘ื ื”ืื™ ืชื ื ืชื ื ื“ื‘ื™ ืจื‘ื™ ื™ืฉืžืขืืœ ื”ื•ื ื“ืชื ื ื“ื‘ื™ ืจื‘ื™ ื™ืฉืžืขืืœ ืื—ื“ ืฉื›ืจ ืื“ื ื•ืื—ื“ ืฉื›ืจ ื‘ื”ืžื” ื•ืื—ื“ ืฉื›ืจ ื›ืœื™ื ื™ืฉ ื‘ื• ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื•ืžืฉื•ื ืœื ืชืœื™ืŸ ื’ืจ ืชื•ืฉื‘ ื™ืฉ ื‘ื• ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื•ืื™ืŸ ื‘ื• ืžืฉื•ื ื‘ืœ ืชืœื™ืŸ

Rava said: This tanna of the mishna is a tanna from the school of Rabbi Yishmael, as the school of Rabbi Yishmael taught: Whether in the case of the hire of a person, the rental of an animal, or the rental of vessels, all of these payments are subject to the mitzva of: โ€œOn the same day you shall give him his wages,โ€ and the prohibition of delaying payment of wages. A ger toshav is subject to the mitzva of: โ€œOn the same day you shall give him his wages,โ€ but he is not subject to the prohibition of delaying payment of wages.

ืžืื™ ื˜ืขืžื ื“ืชื ื ืงืžื ื“ืžืื—ื™ืš ื’ืžืจ ืฉื›ื™ืจ ืฉื›ื™ืจ ื•ืจื‘ื™ ื™ื•ืกื™ ื‘ืจื‘ื™ ื™ื”ื•ื“ื” ืœื ื’ืžืจ ืฉื›ื™ืจ ืฉื›ื™ืจ

Until this point, the Gemara has discussed the source of the ruling of the first tanna. It now analyzes the reasons behind the different opinions. What is the reason of the first tanna of the baraita, who interprets the verse: โ€œFrom your brothersโ€? He derives it by verbal analogy comparing the words: โ€œYou shall not oppress a hired laborer,โ€ and the verse: โ€œThe wages of a hired laborer shall not remain with you all night until the morning.โ€ Just as the former verse includes a Jew, a ger toshav, the rental of an animal, and the rental of utensils, so too, the latter verse includes all of the above. And Rabbi Yosei, son of Rabbi Yehuda, does not derive this verbal analogy of: โ€œHired laborerโ€ and โ€œhired laborer.โ€

ื ื”ื™ ื“ืœื ื’ืžืจ ืฉื›ื™ืจ ืฉื›ื™ืจ ื‘ื”ืžื” ื•ื›ืœื™ื ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื ืžื™ ื ื™ื—ื™ื™ื‘ ืชื ื™ ืจื‘ื™ ื—ื ื ื™ื ืืžืจ ืงืจื ื•ืœื ืชื‘ื ืขืœื™ื• ื”ืฉืžืฉ ื›ื™ ืขื ื™ ื”ื•ื ืžื™ ืฉื”ืŸ ื‘ืื™ืŸ ืœื™ื“ื™ ืขื ื™ื•ืช ื•ืขืฉื™ืจื•ืช ื™ืฆืื• ื‘ื”ืžื” ื•ื›ืœื™ื ืฉืื™ื ืŸ ื‘ืื™ืŸ ืœื™ื“ื™ ืขื ื™ื•ืช ื•ืขืฉื™ืจื•ืช

The Gemara challenges: Although Rabbi Yosei, son of Rabbi Yehuda, does not derive the verbal analogy of the words: โ€œHired laborerโ€ and โ€œhired laborer,โ€ one should still also be liable in the case of animals or vessels due to the injunction of: โ€œOn the same day you shall give him his wages.โ€ From where does he derive that such items are not included in this prohibition? Rabbi แธคananya teaches in a baraita that the verse states: โ€œOn his day you shall give him his wages, and the sun shall not set upon him, for he is poorโ€ (Deuteronomy 24:15). This verse clearly is referring to one who can enter into a state of poverty and wealth, which excludes animals and vessels, which cannot enter into a state of poverty and wealth.

ื•ืชื ื ืงืžื ื”ืื™ ื›ื™ ืขื ื™ ื”ื•ื ืžืื™ ืขื‘ื™ื“ ืœื™ื” ื”ื”ื•ื ืžื™ื‘ืขื™ ืœื”ืงื“ื™ื ืขื ื™ ืœืขืฉื™ืจ ื•ืจื‘ื™ ื™ื•ืกื™ ื‘ืจื‘ื™ ื™ื”ื•ื“ื” ื”ื”ื•ื ืžืœื ืชืขืฉืง ืฉื›ื™ืจ ืขื ื™ ื•ืื‘ื™ื•ืŸ ื ืคืงื

The Gemara asks: And with regard to the first tanna, who does not address this verse of: โ€œFor he is poor,โ€ what does he do with it? The Gemara answers: That verse is necessary to give precedence to a poor person over a wealthy person if the employer does not have enough money to pay all his workers. And how does Rabbi Yosei, son of Rabbi Yehuda, derive that halakha? In his opinion that halakha is derived from: โ€œYou shall not oppress a hired laborer who is poor and needyโ€ (Deuteronomy 24:14).

ื•ืชื ื ืงืžื ื—ื“ ืœื”ืงื“ื™ื ืขื ื™ ืœืขืฉื™ืจ ื•ื—ื“ ืœื”ืงื“ื™ื ืขื ื™ ืœืื‘ื™ื•ืŸ

The Gemara asks: But if so, why does the first tanna require another verse? The Gemara explains: He maintains that one verse serves to give a poor person precedence over a wealthy person, while the other one serves to give a poor person precedence over a destitute person, i.e., a complete pauper who owns nothing.

ื•ืฆืจื™ื›ื ื“ืื™ ืืฉืžืขื™ื ืŸ ืื‘ื™ื•ืŸ ืžืฉื•ื ื“ืœื ื›ืกื™ืฃ ืœืžืชื‘ืขื™ื” ืื‘ืœ ืขืฉื™ืจ ื“ื›ืกื™ืฃ ืœืžืชื‘ืขื™ื” ืื™ืžื ืœื ื•ืื™ ืืฉืžืขื™ื ืŸ ืขืฉื™ืจ ืžืฉื•ื ื“ืœื ืฆืจื™ืš ืœื™ื” ืื‘ืœ ืื‘ื™ื•ืŸ ื“ืฆืจื™ืš ืœื™ื” ืื™ืžื ืœื ืฆืจื™ื›ื

The Gemara adds: And both verses are necessary, as had the Torah taught us only that a poor person comes before one who is destitute one could have said that this is because a destitute person is not ashamed to demand his money; he is so needy he is not embarrassed to ask for money. But with regard to a wealthy person, who is ashamed to demand his wages, one might say that a poor person does not receive precedence over him. And conversely, had the Torah taught us only that this halakha applies to a wealthy person one could have said that it is because he does not need his wages right away, but with regard to a destitute person, who does need it immediately, say that it does not apply. It was therefore necessary for both verses to be stated.

ื•ืชื ื ื“ื™ื“ืŸ ืžื” ื ืคืฉืš ืื™ ื™ืœื™ืฃ ืฉื›ื™ืจ ืฉื›ื™ืจ ืืคื™ืœื• ื’ืจ ืชื•ืฉื‘ ื ืžื™ ืื™ ืœื ื™ืœื™ืฃ ืฉื›ื™ืจ ืฉื›ื™ืจ ื‘ื”ืžื” ื•ื›ืœื™ื ืžื ื ืœื™ื”

The Gemara asks: And with the regard to the ruling of the tanna of our mishna, whichever way you look at it, it requires clarification. If he derives the verbal analogy of the words: โ€œHired laborerโ€ and โ€œhired laborer,โ€ then even a ger toshav should be included. If he does not derive the verbal analogy of the words: โ€œHired laborerโ€ and โ€œhired laborer,โ€ from where does he derive that this halakha applies to animals and vessels?

ืœืขื•ืœื ืœื ื™ืœื™ืฃ ืฉื›ื™ืจ ืฉื›ื™ืจ ื•ืฉืื ื™ ื”ืชื ื“ืืžืจ ืงืจื ื•ืœื ืชืœื™ืŸ ืคืขืœืช ืฉื›ื™ืจ ืืชืš ืขื“ ื‘ืงืจ ื›ืœ ืฉืคืขื•ืœืชื• ืืชืš ืื™ ื”ื›ื™ ืืคื™ืœื• ื’ืจ ืชื•ืฉื‘ ื ืžื™ ืืžืจ ืงืจื ืจืขืš ืจืขืš ื•ืœื ื’ืจ ืชื•ืฉื‘

The Gemara answers: Actually, he does not derive the analogy of: โ€œHired laborerโ€ and โ€œhired laborer,โ€ and there it is different, as the verse states: โ€œThe wages of [peโ€™ulat] a hired laborer shall not remain with you all night until the morningโ€ (Leviticus 19:13). This verse is referring to any case where its work [peโ€™ulato] is with you, which includes animals and vessels. The Gemara asks: If so, then even a ger toshav should be included, as he too performs work for you. The Gemara responds: The initial section of the verse states: โ€œYour neighbor,โ€ which refers to your neighbor who is Jewish, and not a ger toshav, who is not called a neighbor.

ืื™ ื”ื›ื™ ืืคื™ืœื• ื‘ื”ืžื” ื•ื›ืœื™ื ื ืžื™ ื”ื ื›ืชื™ื‘ ืืชืš ืžื” ืจืื™ืช ืœืจื‘ื•ืช ื‘ื”ืžื” ื•ื›ืœื™ื ื•ืœื”ื•ืฆื™ื ื’ืจ ืชื•ืฉื‘ ืžืกืชื‘ืจื ื‘ื”ืžื” ื•ื›ืœื™ื ื”ื•ื” ืœื™ื” ืœืจื‘ื•ืช ืฉื›ืŸ ื™ืฉื ืŸ ื‘ื›ืœืœ ืžืžื•ืŸ ืจืขืš ื’ืจ ืชื•ืฉื‘ ืื™ื ื• ื‘ื›ืœืœ ืžืžื•ืŸ ืจืขืš

The Gemara asks: If so, then even animals and utensils should not be included, as they too are not called: Your neighbor. The Gemara replies: It is written: โ€œWith you,โ€ which includes all items that work with you. The Gemara asks: What did you see to decide to include animals and utensils, and to exclude a ger toshav? The Gemara answers: It stands to reason that he should include animals and utensils, as they are at least included in the category of your neighborโ€™s money, whereas a ger toshav is not included in your neighborโ€™s money.

ื•ืชื ื ืงืžื ื“ืžืื—ื™ืš ื”ืื™ ืจืขืš ืžืื™ ืขื‘ื“ื™ ืœื™ื” ื”ื”ื•ื ืžื™ื‘ืขื™ ืœื™ื” ืœื›ื“ืชื ื™ื ืจืขืš ื•ืœื ื ื›ืจื™ ื ื›ืจื™ ืžืื—ื™ืš ื ืคืงื

The Gemara asks: And the first tanna of the baraita, who interprets: โ€œFrom your brothers,โ€ what does he do with this verse: โ€œYour neighborโ€? The Gemara explains: That verse is necessary for him for that which is taught in a baraita: โ€œYour neighbor,โ€ and not a gentile. The Gemara challenges: The exclusion of a gentile is derived from: โ€œYour brothers,โ€ and no additional verses are necessary for this purpose.

ื—ื“ ืœืžืฉืจื ืขื•ืฉืงื• ื•ื—ื“ ืœืžืฉืจื ื’ื–ืœื• ื•ืฆืจื™ื›ื™ ื“ืื™ ืืฉืžืขื™ื ืŸ ื’ื–ืœื• ืžืฉื•ื ื“ืœื ื˜ืจื— ื‘ื™ื” ืื‘ืœ ืขื•ืฉืงื• ื“ื˜ืจื— ื‘ื™ื” ืื™ืžื ืœื ื•ืื™ ืืฉืžืขื™ื ืŸ ืขื•ืฉืงื• ืžืฉื•ื ื“ืœื ืืชื ืœื™ื“ื™ื” ืื‘ืœ ื’ื–ืœื• ื“ืืชื ืœื™ื“ื™ื” ืื™ืžื ืœื ืฆืจื™ื›ื

The Gemara answers: One verse serves to permit one who oppresses him, and the other one serves to permit stealing from him, and both are necessary. Because had the Torah taught us this halakha only with regard to stealing from him, one could have said that this is because the gentile did not toil for him, but one who oppresses him, where he has toiled for him, you might say that he is not permitted to oppress him. And conversely, had the Torah taught us only that the practice of he who oppresses him is permitted, it might have been said that this is because the money has not yet reached his hand, but with regard to stealing from him, when he takes money that has already reached his hand, say that this halakha does not apply. Therefore, both cases are necessary.

ื•ืจื‘ื™ ื™ื•ืกื™ ื‘ืจื‘ื™ ื™ื”ื•ื“ื” ื”ืื™ ืœื ืชืœื™ืŸ ืคืขืœืช ืฉื›ื™ืจ ืืชืš ืขื“ ื‘ืงืจ ืžืื™ ืขื‘ื™ื“ ืœื™ื” ืžื™ื‘ืขื™ื ืœื™ื” ืœื›ื“ืจื‘ ืืกื™ ื“ืืžืจ ืจื‘ ืืกื™ ืืคื™ืœื• ืœื ืฉื›ืจื• ืืœื ืœื‘ืฆื•ืจ ืœื• ืืฉื›ื•ืœ ืื—ื“ ืฉืœ ืขื ื‘ื™ื ืขื•ื‘ืจ ืžืฉื•ื ื‘ืœ ืชืœื™ืŸ

The Gemara asks: And what does Rabbi Yosei, son of Rabbi Yehuda, do with this verse: โ€œThe wages of a hired laborer shall not remain with you all night until the morningโ€? The Gemara answers: It is necessary for him for that which Rav Asi teaches, as Rav Asi says: Even if one hired the laborer to harvest only one cluster of grapes for him, one violates the prohibition of delaying payment of wages.

ื•ืื™ื“ืš ืžื•ืืœื™ื• ื”ื•ื ื ืฉื ืืช ื ืคืฉื• ื ืคืงื ื“ื‘ืจ ื”ืžื•ืกืจ ื ืคืฉื• ืขืœื™ื•

The Gemara asks: And from where does the other Sage, i.e., the first tanna, derive this halakha? The Gemara answers: He derives it from the phrase: โ€œFor he sets his soul upon itโ€ (Deuteronomy 24:15). This indicates that one is liable for delaying the payment of wages due for any work; as a laborer obligates himself to perform the work, it is something for which he gives his soul.

  • This month's learning is sponsored by Terri Krivosha for the Refuah Shlemah of her husband Harav Hayim Yehuda Ben Faiga Rivah.ย 

  • This month's learning is dedicated by Debbie and Yossi Gevir to Rabbanit Michelle and the Hadran Zoom group for their kindness, support, and care during a medically challenging year.

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Bava Metzia 111

The William Davidson Talmud | Powered by Sefaria

Bava Metzia 111

ื•ื–ื” ืœืคื™ ืฉืื™ืŸ ืคืขื•ืœืชื• ืืฆืœื• ื”ื™ื›ื™ ื“ืžื™ ืื™ ื“ืืžืจ ืœื”ื• ืฉื›ืจื›ื ืขืœื™ ืฉื›ืจื• ืขืœื™ื• ื”ื•ื ื“ืชื ื™ื ื”ืฉื•ื›ืจ ืืช ื”ืคื•ืขืœ ืœืขืฉื•ืช ื‘ืฉืœื• ื•ื”ืจืื”ื• ื‘ืฉืœ ื—ื‘ื™ืจื• ื ื•ืชืŸ ืœื• ืฉื›ืจื• ืžืฉืœื ื•ื—ื•ื–ืจ ื•ื ื•ื˜ืœ ืžื‘ืขืœ ื”ื‘ื™ืช ืžื” ืฉื”ื”ื ื” ืื•ืชื•

And that one, the middleman, is exempt because his work is not performed for him. The Gemara asks: What are the circumstances of this case? If the middleman said to them: Your wages are incumbent upon me, his wages are indeed upon him, as the one who hired the workers bears full responsibility. As it is taught in a baraita: With regard to one who hires a laborer to perform work in his own field, and the employer inadvertently showed the laborer a field belonging to another in which he should work, the employer must give the laborer his full wages; and in addition, the employer goes back and takes from the owner of the field in which he worked the value of the benefit that owner received from the laborer. The employer is entitled to claim from the owner of the field the profit that owner gained from the work, but not the entire wages of the laborer. This indicates that one who says: Your wage is incumbent upon me, is responsible for the arrangement.

ืœื ืฆืจื™ื›ื ื“ืืžืจ ืœื”ื• ืฉื›ืจื›ื ืขืœ ื‘ืขืœ ื”ื‘ื™ืช

The Gemara explains: No, it is necessary to state this halakha where the middleman said to them: The obligation to pay your wages is incumbent upon the employer, in which case they share responsibility for the payment and neither violates the prohibition.

ื™ื”ื•ื“ื” ื‘ืจ ืžืจื™ืžืจ ืืžืจ ืœื™ื” ืœืฉืžืขื™ื” ื–ื™ืœ ืื’ื™ืจ ืœื™ ืคื•ืขืœื™ื ื•ืื™ืžื ืœื”ื• ืฉื›ืจื›ื ืขืœ ื‘ืขืœ ื”ื‘ื™ืช ืžืจื™ืžืจ ื•ืžืจ ื–ื•ื˜ืจื ืื’ืจื™ ืœื”ื“ื“ื™

The Gemara relates: Yehuda bar Mareimar would say to his attendant: Go hire workers for me and say to them: Your wages are upon the employer. Yehuda bar Mareimar instructed the attendant to do this in order to avoid violating the prohibition of delaying payment of wages. Mareimar and Mar Zutra would hire workers for each other for the same reason.

ืืžืจ ืจื‘ื” ื‘ืจ ืจื‘ ื”ื•ื ื ื”ื ื™ ืฉื•ืงืื™ ื“ืกื•ืจื ืœื ืขื‘ืจื™ ืžืฉื•ื ื‘ืœ ืชืœื™ืŸ ืžื™ื“ืข ื™ื“ืขื™ ื“ืขืœ ื™ื•ืžื ื“ืฉื•ืงื ืกืžื™ื›ื™ ืื‘ืœ ืžืฉื•ื ื‘ืœ ืชืฉื”ื ื•ื“ืื™ ืขื•ื‘ืจ

Rabba bar Rav Huna said: Those marketplace workers of Sura do not violate the prohibition by Torah law of delaying payment of wages, in the event that they do not pay their employees immediately. This is because everyone knows that they rely on the market day to earn their money, and the employees are aware that they will not be paid on the same day that they worked. But he certainly violates the prohibition by rabbinic law of: Do not delay, if he withholds payment any later than the market day.

ืฉื›ื™ืจ ืฉืขื•ืช ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื” ื•ื›ืœ ื”ื™ื•ื ืืžืจ ืจื‘ ืฉื›ื™ืจ ืฉืขื•ืช ื“ื™ื•ื ื’ื•ื‘ื” ื›ืœ ื”ื™ื•ื ืฉื›ื™ืจ ืฉืขื•ืช ื“ืœื™ืœื” ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื” ื•ืฉืžื•ืืœ ืืžืจ ืฉื›ื™ืจ ืฉืขื•ืช ื“ื™ื•ื ื’ื•ื‘ื” ื›ืœ ื”ื™ื•ื ื•ืฉื›ื™ืจ ืฉืขื•ืช ื“ืœื™ืœื” ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื” ื•ื›ืœ ื”ื™ื•ื

ยง The mishna teaches that an hourly laborer collects his wages all night and all day. Rav says: An hourly laborer who worked by day collects his wages all that day, while an hourly laborer who worked by night collects his wages all that night. And Shmuel says: An hourly laborer who worked by day indeed collects his wages all that day, but an hourly laborer by night collects his wages all that night and all the following day.

ืชื ืŸ ืฉื›ื™ืจ ืฉืขื•ืช ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื” ื•ื›ืœ ื”ื™ื•ื ืชื™ื•ื‘ืชื ื“ืจื‘ ืืžืจ ืœืš ืจื‘ ืœืฆื“ื“ื™ืŸ ืงืชื ื™ ืฉื›ื™ืจ ืฉืขื•ืช ื“ื™ื•ื ื’ื•ื‘ื” ื›ืœ ื”ื™ื•ื ืฉื›ื™ืจ ืฉืขื•ืช ื“ืœื™ืœื” ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื”

We learned in the mishna: An hourly laborer collects his wages all night and all day. This is apparently a conclusive refutation of Rav. The Gemara answers: Rav could have said to you that he teaches the mishna disjunctively in the following manner: An hourly laborer by day collects his wages all day, while an hourly laborer by night collects his wages all night.

ืชื ืŸ ื”ื™ื” ืฉื›ื™ืจ ืฉื‘ืช ืฉื›ื™ืจ ื—ื“ืฉ ืฉื›ื™ืจ ืฉื ื” ืฉื›ื™ืจ ืฉื‘ื•ืข ื™ื•ืฆื ื‘ื™ื•ื ื’ื•ื‘ื” ื›ืœ ื”ื™ื•ื ื™ื•ืฆื ื‘ืœื™ืœื” ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื” ื•ื›ืœ ื”ื™ื•ื

We learned in the mishna: If he was a weekly laborer, a monthly laborer, a yearly laborer, or a laborer for a Sabbatical cycle of seven years, if he left upon the completion of his work in the day, he collects his wages all day; if he left at night, he collects his wages all night and all day. This indicates that one who finishes his work at night can be paid throughout the following day as well.

ืืžืจ ืœืš ืจื‘ ืชื ืื™ ื”ื™ื ื“ืชื ื™ื ืฉื›ื™ืจ ืฉืขื•ืช ื“ื™ื•ื ื’ื•ื‘ื” ื›ืœ ื”ื™ื•ื ืฉื›ื™ืจ ืฉืขื•ืช ื“ืœื™ืœื” ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื” ื“ื‘ืจื™ ืจื‘ื™ ื™ื”ื•ื“ื” ืจื‘ื™ ืฉืžืขื•ืŸ ืื•ืžืจ ืฉื›ื™ืจ ืฉืขื•ืช ื“ื™ื•ื ื’ื•ื‘ื” ื›ืœ ื”ื™ื•ื ืฉื›ื™ืจ ืฉืขื•ืช ื“ืœื™ืœื” ื’ื•ื‘ื” ื›ืœ ื”ืœื™ืœื” ื•ื›ืœ ื”ื™ื•ื

The Gemara replies: Rav could have said to you that it is a dispute between tannaโ€™im, as it is taught in a baraita: An hourly laborer by day collects his wages all day, while an hourly laborer by night collects his wages all night; this is the statement of Rabbi Yehuda. Rabbi Shimon says: An hourly laborer by day collects his wages all day, while an hourly laborer by night collects his wages all night and all day.

ืžื›ืืŸ ืืžืจื• ื›ืœ ื”ื›ื•ื‘ืฉ ืฉื›ืจ ืฉื›ื™ืจ ืขื•ื‘ืจ ื‘ื—ืžืฉื” ืฉืžื•ืช ื”ืœืœื• ื•ืขืฉื” ืžืฉื•ื ื‘ืœ ืชืขืฉืง ืืช ืจืขืš ื•ืžืฉื•ื ื‘ืœ ืชื’ื–ืœ ื•ืžืฉื•ื ื‘ืœ ืชืขืฉืง ืฉื›ื™ืจ ืขื ื™ ื•ืžืฉื•ื ื‘ืœ ืชืœื™ืŸ ื•ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื•ืžืฉื•ื ืœื ืชื‘ื ืขืœื™ื• ื”ืฉืžืฉ

The baraita continues. From here the Sages stated: Anyone who withholds the wages of a hired laborer violates these five negative prohibitions and one positive mitzva. He violates the prohibition of: โ€œDo not oppress your neighborโ€ (Leviticus 19:13), and the prohibition of: โ€œDo not stealโ€ (Leviticus 19:13), and the prohibition of: โ€œYou should not oppress a hired laborer who is poorโ€ (Deuteronomy 24:14), and the prohibition of delaying payment of wages (Leviticus 19:13), and he has not fulfilled the positive mitzva of: โ€œOn the same day you shall give him his wagesโ€ (Deuteronomy 24:15), and he has violated the prohibition of: โ€œThe sun shall not set upon himโ€ (Deuteronomy 24:15).

ื”ื ื™ ื“ืื™ื›ื ื‘ื™ืžืžื ืœื™ื›ื ื‘ืœื™ืœื™ื ื“ืื™ื›ื ื‘ืœื™ืœื™ื ืœื™ื›ื ื‘ื™ืžืžื ืืžืจ ืจื‘ ื—ืกื“ื ืฉื ืฉื›ื™ืจื•ืช ื‘ืขืœืžื

The Gemara asks: But these five prohibitions do not all take effect at the same time, since those that are applicable by day are not in effect by night, while those that are applicable by night are not relevant by day. How can he be in violation of them all? Rav แธคisda said: It means merely that the general concept of withholding the wages of a hired laborer includes all these prohibitions and one positive mitzva.

ืื™ื–ื” ื”ื•ื ืขื•ืฉืง ื•ืื™ื–ื”ื• ื’ื–ืœ ืืžืจ ืจื‘ ื—ืกื“ื ืœืš ื•ืฉื•ื‘ ืœืš ื•ืฉื•ื‘ ื–ื” ื”ื•ื ืขื•ืฉืง ื™ืฉ ืœืš ื‘ื™ื“ื™ ื•ืื™ื ื™ ื ื•ืชืŸ ืœืš ื–ื” ื”ื•ื ื’ื–ืœ

ยง The Gemara asks: What is defined as oppression and what is defined as stealing, and what is the difference between them? Rav แธคisda said: If he told him: Go and return, go and return (see Proverbs 3:28), avoiding paying him while saying that he will pay him at some point, this is oppression. If he says to him: You have money owed to you in my possession but I will not give it to you, this is stealing.

ืžืชืงื™ืฃ ืœื” ืจื‘ ืฉืฉืช ืื™ื–ื”ื• ืขื•ืฉืง ืฉื—ื™ื™ื‘ื” ืขืœื™ื• ืชื•ืจื” ืงืจื‘ืŸ ื“ื•ืžื™ื ื“ืคืงื“ื•ืŸ ื“ืงื ื›ืคืจ ืœื™ื” ืžืžื•ื ื ืืœื ืืžืจ ืจื‘ ืฉืฉืช ื ืชืชื™ื• ืœืš ื–ื”ื• ืขื•ืฉืง ื™ืฉ ืœืš ื‘ื™ื“ื™ ื•ืื™ื ื™ ื ื•ืชืŸ ืœืš ื–ื” ื”ื•ื ื’ื–ืœ

Rav Sheshet objects to this from a baraita: What is the type of oppression for which the Torah obligated him to bring an offering? It is similar to the case of one who had been entrusted with money as a deposit, where he then denies that he accepted it, thereby keeping the money. This contradicts Rav แธคisdaโ€™s claim that oppression is referring to one who admits that he owes him. Rather, Rav Sheshet said that the difference is as follows: If he said to him: I gave it to you, this is defined as oppression. If he tells him: You have money owed to you in my possession but I am not giving it to you, this is defined as stealing.

ืžืชืงื™ืฃ ืœื” ืื‘ื™ื™ ืื™ื–ื” ื”ื•ื ื’ื–ืœ ืฉื—ื™ื™ื‘ื” ืขืœื™ื• ืชื•ืจื” ืงืจื‘ืŸ ื“ื•ืžื™ื ื“ืคืงื“ื•ืŸ ื‘ืขื™ื ืŸ ื“ืงื ื›ืคืจ ืœื™ื” ืžืžื•ื ื ืืœื ืืžืจ ืื‘ื™ื™ ืœื ืฉื›ืจืชื™ืš ืžืขื•ืœื ื–ื” ื”ื•ื ืขื•ืฉืง ื ืชืชื™ื• ืœืš ื–ื” ื”ื•ื ื’ื–ืœ

Abaye objects to this: What is the type of stealing for which the Torah obligated him to bring an offering? We require it to be similar to the case of one who had been entrusted with money as a deposit, where he then denies that he accepted it, thereby keeping the money. That is unlike the example of stealing given by Rav แธคisda and Rav Sheshet, where the party withholding the money concedes that he owes it. Rather, Abaye said: If he said to him: I never hired you, this is oppression; if he claimed: I gave it to you, this is stealing.

ื•ืœืจื‘ ืฉืฉืช ืžืื™ ืฉื ื ืขื•ืฉืง ื“ืงืฉื™ื ืœื™ื” ื•ืžืื™ ืฉื ื ื’ื–ืœ ื“ืœื ืงืฉื™ื ืœื™ื” ืืžืจ ืœืš ื’ื–ืœ ื“ื’ื–ืœื™ื” ื•ื”ื“ืจ ื›ืคืจื™ื”

The Gemara asks: And according to Rav Sheshet, what is different about oppression that he raised a difficulty against Rav แธคisda concerning it, and what is different about stealing that he did not raise a difficulty, although Abayeโ€™s question was similar to his. The Gemara explains: Rav Sheshet could have said to you: Stealing means that he first stole from him by stating that he will not give him the money, and later denied owing it.

ืื™ ื”ื›ื™ ืืคื™ืœื• ืขื•ืฉืง ื ืžื™ ื“ื”ื“ืจ ื›ืคืจื™ื” ื”ื›ื™ ื”ืฉืชื ื‘ืฉืœืžื ื”ืชื ื›ืชื™ื‘ ืื• ื‘ื’ื–ืœ ืžื›ืœืœ ื“ืื•ื“ื™ ืœื™ื” ืžืขื™ืงืจื ืื‘ืœ ื’ื‘ื™ ืขื•ืฉืง ืžื™ ื›ืชื™ื‘ ืื• ื‘ืขื•ืฉืง ืื• ืขืฉืง ื›ืชื™ื‘ ืฉืขืฉืงื• ื›ื‘ืจ

The Gemara challenges: If so, then even with regard to oppression as well, the case can be that he first conceded that he owes the wages and then later denied it. Why does Rav Sheshet say that the case must be where the employer said to the laborer: I gave it to you? The Gemara responds: How can these cases be compared? Granted, there it is written: โ€œAnd if he deals falsely with his neighbor in a matter of deposit, or of pledge, or of robberyโ€ (Leviticus 5:21), which by inference indicates that he admitted to him at the outset. But with regard to oppression is it written: Or by oppression? It is written: โ€œOr he oppressed,โ€ which does not refer back to his previous denial but is referring to the actual sin, indicating that he had already oppressed him.

ืจื‘ื ืืžืจ ื–ื” ื”ื•ื ืขื•ืฉืง ื–ื”ื• ื’ื–ืœ ื•ืœืžื” ื—ืœืงืŸ ื”ื›ืชื•ื‘ ืœืขื‘ื•ืจ ืขืœื™ื• ื‘ืฉื ื™ ืœืื•ื™ืŸ

Rava said: There is no need for such an artificial distinction, as oppression is the same as stealing, and no practical difference exists between the two categories. And why, then, did the verse divide them into two categories? It did this so that he will violate two prohibitions, stealing and oppression.

ืžืชื ื™ืณ ืื—ื“ ืฉื›ืจ ืื“ื ื•ืื—ื“ ืฉื›ืจ ื‘ื”ืžื” ื•ืื—ื“ ืฉื›ืจ ื›ืœื™ื ื™ืฉ ื‘ื• ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื•ื™ืฉ ื‘ื• ืžืฉื•ื ืœื ืชืœื™ืŸ ืคืขืœืช ืฉื›ื™ืจ ืืชืš ืขื“ ื‘ืงืจ ืื™ืžืชื™ ื‘ื–ืžืŸ ืฉืชื‘ืขื• ืœื ืชื‘ืขื• ืื™ื ื• ืขื•ื‘ืจ ืขืœื™ื• ื”ืžื—ื”ื• ืืฆืœ ื—ื ื•ื ื™ ืื• ืืฆืœ ืฉื•ืœื—ื ื™ ืื™ื ื• ืขื•ื‘ืจ ืขืœื™ื•

MISHNA: Whether referring to a personโ€™s wages that he receives or the renting of an animal or the renting of utensils, are all subject to the prohibition of: โ€œOn the same day you shall give him his wagesโ€ (Deuteronomy 24:15), and are subject to the prohibition of: โ€œThe wages of a hired laborer shall not remain with you all night until the morningโ€ (Leviticus 19:13). When does he transgress these prohibitions? He transgresses them when the one owed the money claimed the payment from him. If he did not claim his payment from him the other does not transgress the prohibitions. If the one who owes the money transferred his payment by leaving instructions with a storekeeper or with a money changer to pay him, he does not transgress the prohibitions.

ืฉื›ื™ืจ ื‘ื–ืžื ื• ื ืฉื‘ืข ื•ื ื•ื˜ืœ ืขื‘ืจ ื–ืžื ื• ืื™ื ื• ื ืฉื‘ืข ื•ื ื•ื˜ืœ ืื ื™ืฉ ืขื“ื™ื ืฉืชื‘ืขื• ื‘ื–ืžื ื• ื”ืจื™ ื–ื” ื ืฉื‘ืข ื•ื ื•ื˜ืœ

The mishna discusses other related halakhot: If a hired laborer requests payment at the proper time and the employer claims he already paid him, the laborer takes an oath that he did not receive his wages and then takes the wages from the employer. If the time had passed, he does not take an oath and take the wages. If there are witnesses who testify that he claimed the money from him at the proper time, he takes an oath and takes the money.

ื’ืจ ืชื•ืฉื‘ ื™ืฉ ื‘ื• ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื•ืื™ืŸ ื‘ื• ืžืฉื•ื ืœื ืชืœื™ืŸ ืคืขื•ืœืช ืฉื›ื™ืจ ืืชืš ืขื“ ื‘ืงืจ

One who hires a gentile who resides in Eretz Yisrael and observes the seven Noahide mitzvot [ger toshav] is subject to the prohibition of: โ€œOn the same day you shall give him his wages,โ€ but is not subject to the negative mitzva of: โ€œThe wages of a hired laborer shall not remain with you all night until the morning.โ€

ื’ืžืณ ืžื ื™ ืžืชื ื™ืชื™ืŸ ืœื ืชื ื ืงืžื ื“ืžืื—ื™ืš ื•ืœื ืจื‘ื™ ื™ื•ืกื™ ื‘ืจื‘ื™ ื™ื”ื•ื“ื” ืžืื™ ื”ื™ื ื“ืชื ื™ื

GEMARA: The Gemara asks: Whose opinion is expressed in the mishna? It is not that of the first tanna of the baraita, who interprets the phrase: โ€œFrom your brothersโ€ (Deuteronomy 24:14), and it is not Rabbi Yosei, son of Rabbi Yehuda. The Gemara clarifies: What is this baraita that is referred to here? The Gemara explains: As it is taught in a baraita:

ืžืื—ื™ืš ืคืจื˜ ืœืื—ืจื™ื ื’ืจืš ื–ื” ื’ืจ ืฆื“ืง ื‘ืฉืขืจื™ืš ื–ื” ืื•ื›ืœ ื ื‘ื™ืœื•ืช

The verse states: โ€œYou shall not oppress a hired laborer who is poor and needy, whether he be from your brothers or from your stranger that is in your land within your gatesโ€ (Deuteronomy 24:14), which is interpreted as follows: The term โ€œfrom your brothersโ€ serves to exclude others, i.e., gentiles, who are not your brothers. As for the term โ€œyour stranger,โ€ this is referring to a righteous convert. As for the term โ€œwithin your gates,โ€ this is referring to a ger toshav who lives in Eretz Yisrael and eats unslaughtered animal carcasses because he has not accepted Judaism upon himself.

ืื™ืŸ ืœื™ ืืœื ืฉื›ืจ ืื“ื ืžื ื™ืŸ ืœืจื‘ื•ืช ื‘ื”ืžื” ื•ื›ืœื™ื ืชืœืžื•ื“ ืœื•ืžืจ ื‘ืืจืฆืš ื›ืœ ืฉื‘ืืจืฆืš ื•ื›ื•ืœืŸ ืขื•ื‘ืจื™ื ื‘ื›ืœ ื”ืฉืžื•ืช ื”ืœืœื•

I have derived only that the prohibitions of delaying wages apply to the hire of people. From where do I know to include payment for the rental of animals and utensils in the prohibition of delaying wages? The verse states: โ€œIn your land,โ€ which includes all that is in your land. And in all of the above cases of delaying payment they transgress all of these prohibitions which apply to delaying payment.

ืžื›ืืŸ ืืžืจื• ืื—ื“ ืฉื›ืจ ืื“ื ื•ืื—ื“ ืฉื›ืจ ื‘ื”ืžื” ื•ืื—ื“ ืฉื›ืจ ื›ืœื™ื ื™ืฉ ื‘ื• ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื•ื™ืฉ ื‘ื”ืŸ ืžืฉื•ื ื‘ืœ ืชืœื™ืŸ ืคืขืœืช ืฉื›ื™ืจ ืจื‘ื™ ื™ื•ืกื™ ื‘ืจื‘ื™ ื™ื”ื•ื“ื” ืื•ืžืจ ื’ืจ ืชื•ืฉื‘ ื™ืฉ ื‘ื• ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื•ืื™ืŸ ื‘ื• ืžืฉื•ื ืœื ืชืœื™ืŸ ื‘ื”ืžื” ื•ื›ืœื™ื ืื™ืŸ ื‘ื”ืŸ ืืœื ืžืฉื•ื ื‘ืœ ืชืขืฉืง ื‘ืœื‘ื“

From here the Sages stated: Whether referring to the hire of a person or the rental of an animal or the rental of utensils, all are subject to the prohibition of: โ€œOn the same day you shall give him his wagesโ€ (Deuteronomy 24:15), and they are likewise subject to the prohibition of delaying the payment of wages of a hired laborer (Leviticus 19:13). Rabbi Yosei, son of Rabbi Yehuda, says: One who hires a ger toshav is subject to the prohibition of: โ€œOn the same day you shall give him his wages,โ€ but is not subject to the prohibition of delaying payment of wages, and the payment of rent of an animal or vessels is included only in the prohibition of: โ€œDo not oppressโ€ alone.

ืžื ื™ ืื™ ืชื ื ืงืžื ื“ืžืื—ื™ืš ืงืฉื™ื ื’ืจ ืชื•ืฉื‘ ืื™ ืจื‘ื™ ื™ื•ืกื™ ืงืฉื™ื ื‘ื”ืžื” ื•ื›ืœื™ื

The Gemara returns to its initial question: In accordance with whose opinion is the mishna? If it is in accordance with the opinion of the first tanna of the baraita, who interprets the verse: โ€œFrom your brothers,โ€ the halakha of a ger toshav is difficult, as he equates a ger toshav with a Jew, unlike the mishna. If it is in accordance with the opinion of Rabbi Yosei, son of Rabbi Yehuda, the halakha of the rental payment of animals and vessels is difficult, as Rabbi Yosei maintains they are not included in any of the prohibitions except for: Do not oppress.

ืืžืจ ืจื‘ื ื”ืื™ ืชื ื ืชื ื ื“ื‘ื™ ืจื‘ื™ ื™ืฉืžืขืืœ ื”ื•ื ื“ืชื ื ื“ื‘ื™ ืจื‘ื™ ื™ืฉืžืขืืœ ืื—ื“ ืฉื›ืจ ืื“ื ื•ืื—ื“ ืฉื›ืจ ื‘ื”ืžื” ื•ืื—ื“ ืฉื›ืจ ื›ืœื™ื ื™ืฉ ื‘ื• ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื•ืžืฉื•ื ืœื ืชืœื™ืŸ ื’ืจ ืชื•ืฉื‘ ื™ืฉ ื‘ื• ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื•ืื™ืŸ ื‘ื• ืžืฉื•ื ื‘ืœ ืชืœื™ืŸ

Rava said: This tanna of the mishna is a tanna from the school of Rabbi Yishmael, as the school of Rabbi Yishmael taught: Whether in the case of the hire of a person, the rental of an animal, or the rental of vessels, all of these payments are subject to the mitzva of: โ€œOn the same day you shall give him his wages,โ€ and the prohibition of delaying payment of wages. A ger toshav is subject to the mitzva of: โ€œOn the same day you shall give him his wages,โ€ but he is not subject to the prohibition of delaying payment of wages.

ืžืื™ ื˜ืขืžื ื“ืชื ื ืงืžื ื“ืžืื—ื™ืš ื’ืžืจ ืฉื›ื™ืจ ืฉื›ื™ืจ ื•ืจื‘ื™ ื™ื•ืกื™ ื‘ืจื‘ื™ ื™ื”ื•ื“ื” ืœื ื’ืžืจ ืฉื›ื™ืจ ืฉื›ื™ืจ

Until this point, the Gemara has discussed the source of the ruling of the first tanna. It now analyzes the reasons behind the different opinions. What is the reason of the first tanna of the baraita, who interprets the verse: โ€œFrom your brothersโ€? He derives it by verbal analogy comparing the words: โ€œYou shall not oppress a hired laborer,โ€ and the verse: โ€œThe wages of a hired laborer shall not remain with you all night until the morning.โ€ Just as the former verse includes a Jew, a ger toshav, the rental of an animal, and the rental of utensils, so too, the latter verse includes all of the above. And Rabbi Yosei, son of Rabbi Yehuda, does not derive this verbal analogy of: โ€œHired laborerโ€ and โ€œhired laborer.โ€

ื ื”ื™ ื“ืœื ื’ืžืจ ืฉื›ื™ืจ ืฉื›ื™ืจ ื‘ื”ืžื” ื•ื›ืœื™ื ืžืฉื•ื ื‘ื™ื•ืžื• ืชืชืŸ ืฉื›ืจื• ื ืžื™ ื ื™ื—ื™ื™ื‘ ืชื ื™ ืจื‘ื™ ื—ื ื ื™ื ืืžืจ ืงืจื ื•ืœื ืชื‘ื ืขืœื™ื• ื”ืฉืžืฉ ื›ื™ ืขื ื™ ื”ื•ื ืžื™ ืฉื”ืŸ ื‘ืื™ืŸ ืœื™ื“ื™ ืขื ื™ื•ืช ื•ืขืฉื™ืจื•ืช ื™ืฆืื• ื‘ื”ืžื” ื•ื›ืœื™ื ืฉืื™ื ืŸ ื‘ืื™ืŸ ืœื™ื“ื™ ืขื ื™ื•ืช ื•ืขืฉื™ืจื•ืช

The Gemara challenges: Although Rabbi Yosei, son of Rabbi Yehuda, does not derive the verbal analogy of the words: โ€œHired laborerโ€ and โ€œhired laborer,โ€ one should still also be liable in the case of animals or vessels due to the injunction of: โ€œOn the same day you shall give him his wages.โ€ From where does he derive that such items are not included in this prohibition? Rabbi แธคananya teaches in a baraita that the verse states: โ€œOn his day you shall give him his wages, and the sun shall not set upon him, for he is poorโ€ (Deuteronomy 24:15). This verse clearly is referring to one who can enter into a state of poverty and wealth, which excludes animals and vessels, which cannot enter into a state of poverty and wealth.

ื•ืชื ื ืงืžื ื”ืื™ ื›ื™ ืขื ื™ ื”ื•ื ืžืื™ ืขื‘ื™ื“ ืœื™ื” ื”ื”ื•ื ืžื™ื‘ืขื™ ืœื”ืงื“ื™ื ืขื ื™ ืœืขืฉื™ืจ ื•ืจื‘ื™ ื™ื•ืกื™ ื‘ืจื‘ื™ ื™ื”ื•ื“ื” ื”ื”ื•ื ืžืœื ืชืขืฉืง ืฉื›ื™ืจ ืขื ื™ ื•ืื‘ื™ื•ืŸ ื ืคืงื

The Gemara asks: And with regard to the first tanna, who does not address this verse of: โ€œFor he is poor,โ€ what does he do with it? The Gemara answers: That verse is necessary to give precedence to a poor person over a wealthy person if the employer does not have enough money to pay all his workers. And how does Rabbi Yosei, son of Rabbi Yehuda, derive that halakha? In his opinion that halakha is derived from: โ€œYou shall not oppress a hired laborer who is poor and needyโ€ (Deuteronomy 24:14).

ื•ืชื ื ืงืžื ื—ื“ ืœื”ืงื“ื™ื ืขื ื™ ืœืขืฉื™ืจ ื•ื—ื“ ืœื”ืงื“ื™ื ืขื ื™ ืœืื‘ื™ื•ืŸ

The Gemara asks: But if so, why does the first tanna require another verse? The Gemara explains: He maintains that one verse serves to give a poor person precedence over a wealthy person, while the other one serves to give a poor person precedence over a destitute person, i.e., a complete pauper who owns nothing.

ื•ืฆืจื™ื›ื ื“ืื™ ืืฉืžืขื™ื ืŸ ืื‘ื™ื•ืŸ ืžืฉื•ื ื“ืœื ื›ืกื™ืฃ ืœืžืชื‘ืขื™ื” ืื‘ืœ ืขืฉื™ืจ ื“ื›ืกื™ืฃ ืœืžืชื‘ืขื™ื” ืื™ืžื ืœื ื•ืื™ ืืฉืžืขื™ื ืŸ ืขืฉื™ืจ ืžืฉื•ื ื“ืœื ืฆืจื™ืš ืœื™ื” ืื‘ืœ ืื‘ื™ื•ืŸ ื“ืฆืจื™ืš ืœื™ื” ืื™ืžื ืœื ืฆืจื™ื›ื

The Gemara adds: And both verses are necessary, as had the Torah taught us only that a poor person comes before one who is destitute one could have said that this is because a destitute person is not ashamed to demand his money; he is so needy he is not embarrassed to ask for money. But with regard to a wealthy person, who is ashamed to demand his wages, one might say that a poor person does not receive precedence over him. And conversely, had the Torah taught us only that this halakha applies to a wealthy person one could have said that it is because he does not need his wages right away, but with regard to a destitute person, who does need it immediately, say that it does not apply. It was therefore necessary for both verses to be stated.

ื•ืชื ื ื“ื™ื“ืŸ ืžื” ื ืคืฉืš ืื™ ื™ืœื™ืฃ ืฉื›ื™ืจ ืฉื›ื™ืจ ืืคื™ืœื• ื’ืจ ืชื•ืฉื‘ ื ืžื™ ืื™ ืœื ื™ืœื™ืฃ ืฉื›ื™ืจ ืฉื›ื™ืจ ื‘ื”ืžื” ื•ื›ืœื™ื ืžื ื ืœื™ื”

The Gemara asks: And with the regard to the ruling of the tanna of our mishna, whichever way you look at it, it requires clarification. If he derives the verbal analogy of the words: โ€œHired laborerโ€ and โ€œhired laborer,โ€ then even a ger toshav should be included. If he does not derive the verbal analogy of the words: โ€œHired laborerโ€ and โ€œhired laborer,โ€ from where does he derive that this halakha applies to animals and vessels?

ืœืขื•ืœื ืœื ื™ืœื™ืฃ ืฉื›ื™ืจ ืฉื›ื™ืจ ื•ืฉืื ื™ ื”ืชื ื“ืืžืจ ืงืจื ื•ืœื ืชืœื™ืŸ ืคืขืœืช ืฉื›ื™ืจ ืืชืš ืขื“ ื‘ืงืจ ื›ืœ ืฉืคืขื•ืœืชื• ืืชืš ืื™ ื”ื›ื™ ืืคื™ืœื• ื’ืจ ืชื•ืฉื‘ ื ืžื™ ืืžืจ ืงืจื ืจืขืš ืจืขืš ื•ืœื ื’ืจ ืชื•ืฉื‘

The Gemara answers: Actually, he does not derive the analogy of: โ€œHired laborerโ€ and โ€œhired laborer,โ€ and there it is different, as the verse states: โ€œThe wages of [peโ€™ulat] a hired laborer shall not remain with you all night until the morningโ€ (Leviticus 19:13). This verse is referring to any case where its work [peโ€™ulato] is with you, which includes animals and vessels. The Gemara asks: If so, then even a ger toshav should be included, as he too performs work for you. The Gemara responds: The initial section of the verse states: โ€œYour neighbor,โ€ which refers to your neighbor who is Jewish, and not a ger toshav, who is not called a neighbor.

ืื™ ื”ื›ื™ ืืคื™ืœื• ื‘ื”ืžื” ื•ื›ืœื™ื ื ืžื™ ื”ื ื›ืชื™ื‘ ืืชืš ืžื” ืจืื™ืช ืœืจื‘ื•ืช ื‘ื”ืžื” ื•ื›ืœื™ื ื•ืœื”ื•ืฆื™ื ื’ืจ ืชื•ืฉื‘ ืžืกืชื‘ืจื ื‘ื”ืžื” ื•ื›ืœื™ื ื”ื•ื” ืœื™ื” ืœืจื‘ื•ืช ืฉื›ืŸ ื™ืฉื ืŸ ื‘ื›ืœืœ ืžืžื•ืŸ ืจืขืš ื’ืจ ืชื•ืฉื‘ ืื™ื ื• ื‘ื›ืœืœ ืžืžื•ืŸ ืจืขืš

The Gemara asks: If so, then even animals and utensils should not be included, as they too are not called: Your neighbor. The Gemara replies: It is written: โ€œWith you,โ€ which includes all items that work with you. The Gemara asks: What did you see to decide to include animals and utensils, and to exclude a ger toshav? The Gemara answers: It stands to reason that he should include animals and utensils, as they are at least included in the category of your neighborโ€™s money, whereas a ger toshav is not included in your neighborโ€™s money.

ื•ืชื ื ืงืžื ื“ืžืื—ื™ืš ื”ืื™ ืจืขืš ืžืื™ ืขื‘ื“ื™ ืœื™ื” ื”ื”ื•ื ืžื™ื‘ืขื™ ืœื™ื” ืœื›ื“ืชื ื™ื ืจืขืš ื•ืœื ื ื›ืจื™ ื ื›ืจื™ ืžืื—ื™ืš ื ืคืงื

The Gemara asks: And the first tanna of the baraita, who interprets: โ€œFrom your brothers,โ€ what does he do with this verse: โ€œYour neighborโ€? The Gemara explains: That verse is necessary for him for that which is taught in a baraita: โ€œYour neighbor,โ€ and not a gentile. The Gemara challenges: The exclusion of a gentile is derived from: โ€œYour brothers,โ€ and no additional verses are necessary for this purpose.

ื—ื“ ืœืžืฉืจื ืขื•ืฉืงื• ื•ื—ื“ ืœืžืฉืจื ื’ื–ืœื• ื•ืฆืจื™ื›ื™ ื“ืื™ ืืฉืžืขื™ื ืŸ ื’ื–ืœื• ืžืฉื•ื ื“ืœื ื˜ืจื— ื‘ื™ื” ืื‘ืœ ืขื•ืฉืงื• ื“ื˜ืจื— ื‘ื™ื” ืื™ืžื ืœื ื•ืื™ ืืฉืžืขื™ื ืŸ ืขื•ืฉืงื• ืžืฉื•ื ื“ืœื ืืชื ืœื™ื“ื™ื” ืื‘ืœ ื’ื–ืœื• ื“ืืชื ืœื™ื“ื™ื” ืื™ืžื ืœื ืฆืจื™ื›ื

The Gemara answers: One verse serves to permit one who oppresses him, and the other one serves to permit stealing from him, and both are necessary. Because had the Torah taught us this halakha only with regard to stealing from him, one could have said that this is because the gentile did not toil for him, but one who oppresses him, where he has toiled for him, you might say that he is not permitted to oppress him. And conversely, had the Torah taught us only that the practice of he who oppresses him is permitted, it might have been said that this is because the money has not yet reached his hand, but with regard to stealing from him, when he takes money that has already reached his hand, say that this halakha does not apply. Therefore, both cases are necessary.

ื•ืจื‘ื™ ื™ื•ืกื™ ื‘ืจื‘ื™ ื™ื”ื•ื“ื” ื”ืื™ ืœื ืชืœื™ืŸ ืคืขืœืช ืฉื›ื™ืจ ืืชืš ืขื“ ื‘ืงืจ ืžืื™ ืขื‘ื™ื“ ืœื™ื” ืžื™ื‘ืขื™ื ืœื™ื” ืœื›ื“ืจื‘ ืืกื™ ื“ืืžืจ ืจื‘ ืืกื™ ืืคื™ืœื• ืœื ืฉื›ืจื• ืืœื ืœื‘ืฆื•ืจ ืœื• ืืฉื›ื•ืœ ืื—ื“ ืฉืœ ืขื ื‘ื™ื ืขื•ื‘ืจ ืžืฉื•ื ื‘ืœ ืชืœื™ืŸ

The Gemara asks: And what does Rabbi Yosei, son of Rabbi Yehuda, do with this verse: โ€œThe wages of a hired laborer shall not remain with you all night until the morningโ€? The Gemara answers: It is necessary for him for that which Rav Asi teaches, as Rav Asi says: Even if one hired the laborer to harvest only one cluster of grapes for him, one violates the prohibition of delaying payment of wages.

ื•ืื™ื“ืš ืžื•ืืœื™ื• ื”ื•ื ื ืฉื ืืช ื ืคืฉื• ื ืคืงื ื“ื‘ืจ ื”ืžื•ืกืจ ื ืคืฉื• ืขืœื™ื•

The Gemara asks: And from where does the other Sage, i.e., the first tanna, derive this halakha? The Gemara answers: He derives it from the phrase: โ€œFor he sets his soul upon itโ€ (Deuteronomy 24:15). This indicates that one is liable for delaying the payment of wages due for any work; as a laborer obligates himself to perform the work, it is something for which he gives his soul.

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