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Today's Daf Yomi

December 18, 2016 | 讬状讞 讘讻住诇讜 转砖注状讝

  • This month's learning is sponsored by Joanna Rom and Steven Goldberg in loving memory of Steve's mother Shirley "Nana" Goldberg (Sura Tema bat Chaim v'Hanka)

Bava Metzia 83

If one carries a load for another and it breaks what is the level of responsibility of the worker who breaks it? 聽Various opnions are brought. 聽However the gemara ends with a story relating to a talmid chacham who is held to a higher standard and is told to act beyond the letter of the law. 聽The seventh chapter continues with labor relations – how long a day does one need to work? 聽Does the employer need to provide food? 聽Is travel time included in the standard work day? 聽In the context of this discussion, a verse from tehillim is brought which is also used to reference that the evil doers will receive their punishment and the righteous will be rewarded in the world to come. 聽A story is then brought about Rabbi Elazar, the son of Rabib Shimon bar Yochai and his methods of getting rid of evil doers. 聽He is criticized for his actions, however he continues.

讜讗驻讬诇讜 讘诪拽讜诐 诪讚专讜谉 谞诪讬 讛转讬谞讞 讛讬讻讗 讚诇讬讻讗 专讗讬讛 讗讘诇 讛讬讻讗 讚讗讬讻讗 专讗讬讛 谞讬转讬 专讗讬讛 讜谞驻讟专 讚转谞讬讗 讗讬住讬 讘谉 讬讛讜讚讛 讗讜诪专 讗讬谉 专讗讛 砖讘注转 讛壮 转讛讬讛 讘讬谉 砖谞讬讛诐 讛讗 讬砖 专讜讗讛 讬讘讬讗 专讗讬讛 讜讬驻讟专

And even on an inclined plane, this works out well where there is no evidence, i.e., in a case without witnesses. But where there is evidence, let him bring evidence and be exempt. Why then is he forced to take an oath? As it is taught in a baraita: Isi ben Yehuda says, with regard to the verse: 鈥淎nd it died or was hurt or driven away without an eyewitness, an oath of the Lord shall be between them鈥 (Exodus 22:9鈥10), that one can infer from here that if there is an eyewitness, let him bring evidence and be exempt.

讜专讘讬 讞讬讬讗 讘专 讗讘讗 讗诪专 专讘讬 讬讜讞谞谉 砖讘讜注讛 讝讜 转拽谞转 讞讻诪讬诐 讛讬讗 砖讗诐 讗讬 讗转讛 讗讜诪专 讻谉 讗讬谉 诇讱 讗讚诐 讛诪注讘讬专 讞讘讬转 诇讞讘讬专讜 诪诪拽讜诐 诇诪拽讜诐

The Gemara previously cited Rabbi Elazar鈥檚 answer to the apparent contradiction between the statements of Rabbi Meir, which was followed by an analysis of the various opinions of the tanna鈥檌m. The Gemara presents a different interpretation. And Rabbi 岣yya bar Abba says that Rabbi Yo岣nan says: There is no difficulty with the oath proposed by Rabbi Meir, as this oath is a decree of the Sages for the betterment of the world. The reason for this oath is that if you do not say so, that an unpaid bailee who broke the barrel in transport can exempt himself by means of an oath, you will have no person who will be willing to transport a barrel for another from one place to another, due to the fear that it might break and he will have to pay.

讛讬讻讬 诪砖转讘注 讗诪专 专讘讗 砖讘讜注讛 砖诇讗 讘讻讜讜谞讛 砖讘专转讬讛 讜讗转讗 专讘讬 讬讛讜讚讛 诇诪讬诪专 砖讜诪专 讞谞诐 讬砖讘注 谞讜砖讗 砖讻专 讬砖诇诐 讛讗讬 讻讚讬谞讬讛 讜讛讗讬 讻讚讬谞讬讛 讜讗转讗 专讘讬 讗诇注讝专 诇诪讬诪专 讗讬谉 讙诪专讗 讻专讘讬 诪讗讬专 讜诪讬讛讜 转诪讬讛 讗谞讬 讗诐 讬讻讜诇讬诐 讝讛 讜讝讛 诇讬砖讘注

The Gemara asks: How exactly does he take an oath? Rava said that the phrasing is: I take an oath that I broke it unintentionally. And Rabbi Yehuda came to say: An unpaid bailee takes an oath, while a paid bailee pays, this one in accordance with his law and that one in accordance with his law. And Rabbi Elazar came to say: Yes, there is a tradition in accordance with the opinion of Rabbi Meir. But I wonder whether both this one and that one can take an oath.

讘砖诇诪讗 砖讜诪专 讞谞诐 诪砖转讘注 砖诇讗 驻砖注 讘讛 讗诇讗 砖讜诪专 砖讻专 讗诪讗讬 诪砖转讘注 讻讬 诇讗 驻砖注 谞诪讬 讘注讬 砖诇讜诪讬 讜讗驻讬诇讜 砖讜诪专 讞谞诐 谞诪讬 讛讗 转讬谞讞 讘诪拽讜诐 诪讚专讜谉 砖诇讗 讘诪拽讜诐 诪讚专讜谉 诪讬 诪爪讬 诪砖转讘注 砖诇讗 驻砖注

Granted, an unpaid bailee takes an oath that he was not negligent with regard to the barrel, but why does a paid bailee take an oath? Even if he was not negligent, he is still required to pay. And even with regard to an unpaid bailee, this works out well if the barrel was broken on an inclined plane, but if it broke not on an inclined plane but under different circumstances, how can he take an oath that he was not negligent with it?

讜讗驻讬诇讜 讘诪拽讜诐 诪讚专讜谉 谞诪讬 讛讗 转讬谞讞 讛讬讻讗 讚诇讬讻讗 专讗讬讛 讛讬讻讗 讚讗讬讻讗 专讗讬讛 谞讬转讬 专讗讬讛 讜讬驻讟专 讚转谞讬讗 讗讬住讬 讘谉 讬讛讜讚讛 讗讜诪专 讗讬谉 专讗讛 砖讘注转 讛壮 转讛讬讛 讘讬谉 砖谞讬讛诐 讛讗 讬砖 专讜讗讛 讬讘讬讗 专讗讬讛 讜讬驻讟专

And even on an inclined plane, this works out well where there is no evidence. But where there is evidence, let him bring evidence and be exempt. As it is taught in a baraita: Isi ben Yehuda says, with regard to the verse: 鈥淎nd it died or was hurt or driven away without an eyewitness, an oath of the Lord shall be between them鈥 (Exodus 22:9鈥10), that one can infer from here that if there is an eyewitness, let him bring evidence and be exempt.

讛讛讜讗 讙讘专讗 讚讛讜讛 拽讗 诪注讘专 讞讘讬转讗 讚讞诪专讗 讘专讬住转拽讗 讚诪讞讜讝讗 讜转讘专讛 讘讝讬讝讗 讚诪讞讜讝讗 讗转讗 诇拽诪讬讛 讚专讘讗 讗诪专 诇讬讛 专讬住转拽讗 讚诪讞讜讝讗 砖讻讬讞讬 讘讛 讗讬谞砖讬 讝讬诇 讗讬讬转讬 专讗讬讛 讜讗讬驻讟专 讗诪专 诇讬讛 专讘 讬讜住祝 讘专讬讛 讻诪讗谉 讻讗讬住讬 讗诪专 诇讬讛 讗讬谉 讻讗讬住讬 讜住讘讬专讗 诇谉 讻讜讜转讬讛

The Gemara relates: There was a certain man who transported a barrel of wine in the market [beristeka] of Me岣za and broke it on one of the protrusions of a wall in Me岣za. The case came before Rava, who said to him: With regard to the market of Me岣za, people are generally found there. Go and bring evidence in your favor and you will be exempt. Rav Yosef, Rava鈥檚 son, said to him: In accordance with whose opinion did you issue this ruling? In accordance with the opinion of Isi ben Yehuda? Rava said to him: Yes, I ruled in accordance with the ruling of Isi, and we hold in accordance with his opinion.

讛讛讜讗 讙讘专讗 讚讗诪专 诇讬讛 诇讞讘专讬讛 讝讬诇 讝讘讬谉 诇讬 讗专讘注 诪讗讛 讚谞讬 讞诪专讗 讗讝诇 讝讘谉 诇讬讛 诇住讜祝 讗转讗 诇拽诪讬讛 讗诪专 诇讬讛 讝讘讬谞讬 诇讱 讗专讘注 诪讗讛 讚谞讬 讞诪专讗 讜转拽讬驻讜 诇讛讜

The Gemara relates a similar incident. There was a certain man who said to another: Go and buy for me four hundred pitchers of wine. The second man went and bought them for him. Ultimately, he came before the first man and said to him: I bought four hundred pitchers of wine for you, but they fermented.

讗转讗 诇拽诪讬讛 讚专讘讗 讗诪专 诇讬讛 讗专讘注 诪讗讛 讚谞讬 讞诪专讗 转拽讬驻讬 拽诇讗 讗讬转 诇讛 诇诪讬诇转讗 讝讬诇 讗讬讬转讬 专讗讬讛 讚诪注讬拽专讗 讻讬 诪讝讘谞转 诇讛讜 讞诪专讗 诪注诇讬讗 讛讜讛 讜讗讬驻讟专 讗诪专 诇讬讛 专讘 讬讜住祝 讘专讬讛 讻诪讗谉 讻讗讬住讬 讗诪专 诇讬讛 讗讬谉 讻讗讬住讬 讜住讘讬专讗 诇谉 讻讜讜转讬讛

The case came before Rava, who said to the second man: If four hundred pitchers of wine had fermented, this matter would generate publicity, i.e., people would have heard of this occurrence. Consequently, go and bring proof that initially, when you purchased the pitchers, the wine was good, and you will be exempt. Rav Yosef, Rava鈥檚 son, said to him: In accordance with whose opinion did you issue this ruling? According to that of Isi ben Yehuda? Rava said to him: Yes, I ruled in accordance with the ruling of Isi, and we hold in accordance with his opinion.

讗转拽讬谉 专讘 讞讬讬讗 讘专 讬讜住祝 讘住讬讻专讗 讛谞讬 讚讚专讜 讘讗讙专讗 讜讗讬转讘专 谞砖诇诐 驻诇讙讗 诪讗讬 讟注诪讗 谞驻讬砖 诇讞讚 讜讝讜讟专 诇转专讬 拽专讜讘 诇讗讜谞住 讜拽专讜讘 诇驻砖讬注讛 讘讚讬讙诇讗 诪砖诇诐 讻讜诇讛

The Gemara relates: Rav 岣yya bar Yosef issued a decree in the city of Sikhra, where he was the presiding Sage: With regard to those who carry loads on a pole [be鈥檃gra] and the item breaks, they must pay half. What is the reason? Such a pole is used to carry loads that are too much for one individual to carry and too little for two. Consequently, this breakage is close to an accident and equally close to negligence, and therefore they compromise with a payment of half liability. If he carried it with a digla, a wooden tool designed for double loads, he pays in full, as the use of such a tool indicates that he was carrying a load beyond the capacity of a single individual to bear and therefore acted negligently.

专讘讛 讘专 讘专 讞谞谉 转讘专讜 诇讬讛 讛谞讛讜 砖拽讜诇讗讬 讞讘讬转讗 讚讞诪专讗 砖拽诇 诇讙诇讬诪讬讬讛讜 讗转讜 讗诪专讜 诇专讘 讗诪专 诇讬讛 讛讘 诇讛讜 讙诇讬诪讬讬讛讜 讗诪专 诇讬讛 讚讬谞讗 讛讻讬 讗诪专 诇讬讛 讗讬谉 诇诪注谉 转诇讱 讘讚专讱 讟讜讘讬诐 讬讛讬讘 诇讛讜 讙诇讬诪讬讬讛讜 讗诪专讜 诇讬讛 注谞讬讬 讗谞谉 讜讟专讞讬谞谉 讻讜诇讛 讬讜诪讗 讜讻驻讬谞谉 讜诇讬转 诇谉 诪讬讚讬 讗诪专 诇讬讛 讝讬诇 讛讘 讗讙专讬讬讛讜 讗诪专 诇讬讛 讚讬谞讗 讛讻讬 讗诪专 诇讬讛 讗讬谉 讜讗专讞讜转 爪讚讬拽讬诐 转砖诪专

The Gemara relates an incident involving Rabba bar bar 岣nan: Certain porters broke his barrel of wine after he had hired them to transport the barrels. He took their cloaks as payment for the lost wine. They came and told Rav. Rav said to Rabba bar bar 岣nan: Give them their cloaks. Rabba bar bar 岣nan said to him: Is this the halakha? Rav said to him: Yes, as it is written: 鈥淭hat you may walk in the way of good men鈥 (Proverbs 2:20). Rabba bar bar 岣nan gave them their cloaks. The porters said to Rav: We are poor people and we toiled all day and we are hungry and we have nothing. Rav said to Rabba bar bar 岣nan: Go and give them their wages. Rabba bar bar 岣nan said to him: Is this the halakha? Rav said to him: Yes, as it is written: 鈥淎nd keep the paths of the righteous鈥 (Proverbs 2:20).

讛讚专谉 注诇讱 讛砖讜讻专 讗转 讛讗讜诪谞讬谉

 

诪转谞讬壮 讛砖讜讻专 讗转 讛驻讜注诇讬诐 讜讗诪专 诇讛诐 诇讛砖讻讬诐 讜诇讛注专讬讘 诪拽讜诐 砖谞讛讙讜 砖诇讗 诇讛砖讻讬诐 讜砖诇讗 诇讛注专讬讘 讗讬谞讜 专砖讗讬 诇讻讜驻谉 诪拽讜诐 砖谞讛讙讜 诇讝讜谉 讬讝讜谉 诇住驻拽 讘诪转讬拽讛 讬住驻拽 讛讻诇 讻诪谞讛讙 讛诪讚讬谞讛

MISHNA: With regard to one who hires laborers and tells them to rise exceptionally early and to continue working until exceptionally late, if this is in a locale where laborers are not accustomed to rising so early or to continuing to work until so late, the employer is not permitted to compel them to do so. In a locale where employers are accustomed to feeding their laborers, the employer must feed them. If they are in a locale where an employer is accustomed to providing their laborers with sweet foods, he must provide such food. Everything is in accordance with the regional custom in these matters.

诪注砖讛 讘专讘讬 讬讜讞谞谉 讘谉 诪转讬讗 砖讗诪专 诇讘谞讜 爪讗 砖讻讜专 诇谞讜 驻讜注诇讬谉 讛诇讱 讜驻住拽 诇讛诐 诪讝讜谞讜转

There was an incident involving Rabbi Yo岣nan ben Matya, who said to his son: Go out and hire laborers for us. His son went, hired them, and pledged to provide sustenance for them as a term of their employment, without specifying the details.

讜讻砖讘讗 讗爪诇 讗讘讬讜 讗诪专 诇讜 讘谞讬 讗驻讬诇讜 讗诐 讗转讛 注讜砖讛 诇讛诐 讻住注讜讚转 砖诇诪讛 讘砖注转讜 诇讗 讬爪讗转 讬讚讬 讞讜讘转讱 注诪讛谉 砖讛谉 讘谞讬 讗讘专讛诐 讬爪讞拽 讜讬注拽讘 讗诇讗 注讚 砖诇讗 讬转讞讬诇讜 讘诪诇讗讻讛 爪讗 讜讗诪讜专 诇讛诐 注诇 诪谞转 砖讗讬谉 诇讻诐 注诇讬 讗诇讗 驻转 讜拽讟谞讬转 讘诇讘讚 专讘谉 砖诪注讜谉 讘谉 讙诪诇讬讗诇 讗讜诪专 诇讗 讛讬讛 爪专讬讱 诇讜诪专 讛讻诇 讻诪谞讛讙 讛诪讚讬谞讛

And when he came back to his father and reported what he had done, Rabbi Yo岣nan ben Matya said to him: My son, even if you were to prepare a feast for them like that of King Solomon in his time, you would not have fulfilled your obligation to them, as they are the descendants of Abraham, Isaac, and Jacob. Rather, before they begin engaging in their labor, go out and say to them: The stipulation that food will be provided is on the condition that you have the right to claim from me only a meal of bread and legumes, which is the typical meal given to laborers. Rabban Shimon ben Gamliel says: Rabbi Yo岣nan ben Matya鈥檚 son did not need to state this condition, as the principle is that everything is in accordance with the regional custom.

讙诪壮 驻砖讬讟讗 诇讗 爪专讬讻讗 讚讟驻讗 诇讛讜 讗讗讙专讬讬讛讜 诪讛讜 讚转讬诪讗 讗诪专 诇讛讜 讛讗 讚讟驻讗讬 诇讻讜 讗讗讙专讬讬讻讜 讗讚注转讗 讚诪拽讚诪讬转讜 讜诪讞砖讻讬转讜 讘讛讚讗讬 拽讗 诪砖诪注 诇谉 讚讗诪专讜 诇讬讛 讛讗讬 讚讟驻转 诇谉 讗讚注转讗 讚注讘讚讬谞谉 诇讱 注讘讬讚转讗 砖驻讬专转讗

GEMARA: With regard to the mishna鈥檚 statement that an employer may not compel his laborers to rise exceptionally early and continue working until exceptionally late, the Gemara asks: Isn鈥檛 this obvious? By what right can he force them to do so? The Gemara explains: No, the mishna鈥檚 ruling is necessary only in a case where the employer increased their wages beyond the standard in that place. Lest you say that the employer could say to the laborers: The fact that I increased your wages was with the understanding that you would rise early and continue working late for me, the mishna therefore teaches us that the laborers can say in response to the employer: The fact that you increased our wages was with the understanding that we would perform quality work for you, not that we would work longer hours.

讗诪专 专讬砖 诇拽讬砖

Reish Lakish says:

驻讜注诇 讘讻谞讬住转讜 诪砖诇讜 讘讬爪讬讗转讜 诪砖诇 讘注诇 讛讘讬转 砖谞讗诪专 转讝专讞 讛砖诪砖 讬讗住驻讜谉 讜讗诇 诪注讜谞转诐 讬专讘爪讜谉 讬爪讗 讗讚诐 诇驻注诇讜 讜诇注讘讚转讜 注讚讬 注专讘

A laborer鈥檚 entrance into the city from the field at the end of a day鈥檚 work is at his own expense, i.e., he must work until the very end of the day before returning home, and he is not paid for his travel time. In contrast, his departure to work is at his employer鈥檚 expense, i.e., he may travel after sunrise, which is time that he is paid for. The source for this is as it is stated: 鈥淭he sun rises; they slink away and couch in their dens; man goes forth to his work and to his labor until the evening鈥 (Psalms 104:22鈥23). This verse indicates that people set out to work only from sunrise, but they work until the very end of the day.

讜诇讬讞讝讬 讛讬讻讬 谞讛讬讙讬 讘注讬专 讞讚砖讛 讜谞讬讞讝讬 诪讛讬讻讗 拽讗 讗转讜 讘谞拽讜讟讗讬 讗讬讘注讬转 讗讬诪讗 讚讗诪专 诇讛讜 讚讗讙专讬转讜 诇讬 讻驻讜注诇 讚讗讜专讬讬转讗

The Gemara asks: But if employment practices are in accordance with regional custom, how can a source be cited from a verse? Let us see how they are accustomed to working in that place. The Gemara answers: The statement of Reish Lakish is with regard to a new city, which does not yet have an accepted practice. The Gemara asks: Even so, let us see from which city the laborers originally came, and let them follow the customs of that city. The Gemara answers: This is a case of an eclectic group of laborers, who came from many different cities. The Gemara offers an alternative answer: If you wish, say instead that the employer said to the laborer: I am hiring you as a laborer by Torah law. According to this explanation, Reish Lakish is detailing the halakha by Torah law.

讚专砖 专讘讬 讝讬专讗 讜讗诪专讬 诇讛 转谞讬 专讘 讬讜住祝 诪讗讬 讚讻转讬讘 转砖转 讞砖讱 讜讬讛讬 诇讬诇讛 讘讜 转专诪砖 讻诇 讞讬转讜 讬注专 转砖转 讞砖讱 讜讬讛讬 诇讬诇讛 讝讛 讛注讜诇诐 讛讝讛 砖讚讜诪讛 诇诇讬诇讛 讘讜 转专诪砖 讻诇 讞讬转讜 讬注专 讗诇讜 专砖注讬诐 砖讘讜 砖讚讜诪讬谉 诇讞讬讛 砖讘讬注专

With regard to the aforementioned psalm, the Gemara notes: Rabbi Zeira interpreted a verse homiletically, and some say that Rav Yosef taught in a baraita: What is the meaning of that which is written: 鈥淵ou make darkness and it is night, in which all the beasts of the forest creep forth鈥 (Psalms 104:20)? 鈥淵ou make darkness and it is night鈥; this is referring to this world, which resembles nighttime. 鈥淚n which all the beasts of the forest creep forth鈥; these are the wicked in this world, who resemble a beast of the forest, as the wicked have great influence in this world.

转讝专讞 讛砖诪砖 讬讗住驻讜谉 讜讗诇 诪注讜谞转诐 讬专讘爪讜谉 转讝专讞 讛砖诪砖 诇爪讚讬拽讬诐 讬讗住驻讜谉 专砖注讬诐 诇讙讬讛谞诐 讜讗诇 诪注讜谞转诐 讬专讘爪讜谉 讗讬谉 诇讱 讻诇 爪讚讬拽 讜爪讚讬拽 砖讗讬谉 诇讜 诪讚讜专 诇驻讬 讻讘讜讚讜 讬爪讗 讗讚诐 诇驻注诇讜 讬爪讗讜 爪讚讬拽讬诐 诇拽讘诇 砖讻专谉 讜诇注讘讚转讜 注讚讬 注专讘 讘诪讬 砖讛砖诇讬诐 注讘讜讚转讜 注讚讬 注专讘

With regard to the World-to-Come, the verse states: 鈥淭he sun rises; they slink away and couch in their dens鈥 (Psalms 104:22). 鈥淭he sun rises鈥 for the righteous, and 鈥渢hey slink away,鈥 i.e., the wicked go to Gehenna. As for the phrase: 鈥淎nd couch in their dens,鈥 it is interpreted as follows: You will not have a single righteous person who will not have his own residence in the World-to-Come, as befitting his dignity. With regard to the phrase: 鈥淢an goes forth to his work,鈥 it indicates that the righteous go forth to receive their reward. Finally, the phrase: 鈥淎nd to his labor until the evening鈥 (Psalms 104:22), teaches that the verse is referring to one who has completed his labor by the evening, i.e., before the evening of his lifetime, his death.

专讘讬 讗诇注讝专 讘专讘讬 砖诪注讜谉 讗砖讻讞 诇讛讛讜讗 驻专讛讙讜谞讗 讚拽讗 转驻讬住 讙谞讘讬 讗诪专 诇讬讛 讛讬讻讬 讬讻诇转 诇讛讜 诇讗讜 讻讞讬讜转讗 诪转讬诇讬 讚讻转讬讘 讘讜 转专诪砖 讻诇 讞讬转讜 讬注专 讗讬讻讗 讚讗诪专讬 诪讛讗讬 拽专讗 拽讗诪专 诇讬讛 讬讗专讘 讘诪住转专 讻讗专讬讛 讘住讻讛 讚诇诪讗 砖拽诇转 爪讚讬拽讬 讜砖讘拽转 专砖讬注讬

The Gemara relates a story that involves rising early. Rabbi Elazar, son of Rabbi Shimon, found a certain officer [parhagavna] whose responsibility was to arrest thieves. He said to the officer: How are you able to arrest them? Aren鈥檛 they likened to beasts, as it is written: 鈥淵ou make darkness and it is night, in which all the beasts of the forest creep forth鈥 (Psalms 104:20)? There are those who say that he said to him a proof from this verse: 鈥淗e lies in wait in a secret place as a lion in his lair, he lies in wait to catch the poor; he catches the poor when he draws him up in his net鈥 (Psalms 10:9). Since the wicked are so devious, perhaps you apprehend the righteous and leave the wicked alone?

讗诪专 诇讬讛 讜诪讗讬 讗注讘讬讚 讛专诪谞讗 讚诪诇讻讗 讛讜讗 讗诪专 转讗 讗讙诪专讱 讛讬讻讬 转注讘讬讚 注讜诇 讘讗专讘注 砖注讬 诇讞谞讜转讗 讻讬 讞讝讬转 讗讬谞讬砖 讚拽讗 砖转讬 讞诪专讗 讜拽讗 谞拽讬讟 讻住讗 讘讬讚讬讛 讜拽讗 诪谞诪谞诐 砖讗讜诇 注讬诇讜讬讛

The officer said to him: But what should I do? It is the king鈥檚 edict [harmana] that I must arrest thieves, and I am perform-ing my job to the best of my ability. Rabbi Elazar, son of Rabbi Shimon, said to him: Come and I will instruct you how you should do it. At the fourth hour of the day enter the tavern. When you see someone drinking wine, holding his cup in his hand, and dozing, inquire about his background.

讗讬 爪讜专讘讗 诪专讘谞谉 讛讜讗 讜谞讬讬诐 讗拽讚讜诪讬 拽讚讬诐 诇讙专住讬讛 讗讬 驻讜注诇 讛讜讗 拽讚讬诐 拽讗 注讘讬讚 注讘讬讚转讬讛 讜讗讬 注讘讬讚转讬讛 讘诇讬诇讬讗 专讚讜讚讬 专讚讬讚 讜讗讬 诇讗 讙谞讘讗 讛讜讗 讜转驻住讬讛

If he is a Torah scholar and is dozing, assume that he rose early in the morning for his studies. If he is a daytime laborer, assume that he rose early and performed his work. And if his work is at night and no one heard him working, it is possible that this is because he draws copper wires, which is a form of labor that does not produce noise. And if he is none of these, he is a thief, and you should arrest him, as it can be assumed that he was awake the previous night because he was stealing, and that is why he is now dozing off.

讗讬砖转诪注 诪讬诇转讗 讘讬 诪诇讻讗 讗诪专讜 拽专讬讬谞讗 讚讗讬讙专转讗 讗讬讛讜 诇讬讛讜讬 驻专讜谞拽讗 讗转讬讜讛 诇专讘讬 讗诇注讝专 讘专讘讬 砖诪注讜谉 讜拽讗 转驻讬住 讙谞讘讬 讜讗讝讬诇 砖诇讞 诇讬讛 专讘讬 讬讛讜砖注 讘谉 拽专讞讛 讞讜诪抓 讘谉 讬讬谉 注讚 诪转讬 讗转讛 诪讜住专 注诪讜 砖诇 讗诇讛讬谞讜 诇讛专讬讙讛

This matter of the advice of Rabbi Elazar, son of Rabbi Shimon, was heard in the king鈥檚 palace. The king鈥檚 ministers said: Let the reader of the letter be its messenger [parvanka], i.e., since Rabbi Elazar, son of Rabbi Shimon, offered this advice, he should be the one to implement it. They brought Rabbi Elazar, son of Rabbi Shimon, to the authorities who appointed him to this task, and he proceeded to arrest thieves. Rabbi Yehoshua ben Kor岣 sent Rabbi Elazar, son of Rabbi Shimon, the following message: You are vinegar, son of wine, i.e., you are wicked in comparison to your father, the righteous Rabbi Shimon, just as vinegar is spoiled wine. Until when will you inform on the nation of our God to be sentenced to execution by a gentile king鈥檚 court?

砖诇讞 诇讬讛 拽讜爪讬诐 讗谞讬 诪讻诇讛 诪谉 讛讻专诐 砖诇讞 诇讬讛 讬讘讗 讘注诇 讛讻专诐 讜讬讻诇讛 讗转 拽讜爪讬讜 讬讜诪讗 讞讚 驻讙注 讘讬讛 讛讛讜讗 讻讜讘住 拽专讬讬讛 讞讜诪抓 讘谉 讬讬谉 讗诪专 诪讚讞爪讬祝 讻讜诇讬 讛讗讬 砖诪注 诪讬谞讛 专砖讬注讗 讛讜讗 讗诪专 诇讛讜 转驻住讜讛讜 转驻住讜讛讜

Rabbi Elazar, son of Rabbi Shimon, sent a message back to him: I am merely eradicating thorns from the vineyard, i.e., I am removing the wicked from the Jewish people. Rabbi Yehoshua ben Kor岣 sent back to him: Let the Owner of the vineyard, i.e., God, come and eradicate His own thorns. It is not your place to do this. The Gemara relates: One day, a certain laundryman met Rabbi Elazar, son of Rabbi Shimon, and called him vinegar, son of wine. Rabbi Elazar, son of Rabbi Shimon, said: From the fact that this man acted so insolently by vilifying a Torah scholar, one can conclude that he is a wicked person. He told the authorities: Arrest that man. They arrested him and condemned him to death.

诇讘转专 讚谞讞 讚注转讬讛 讗讝诇 讘转专讬讛 诇驻专讜拽讬讛 讜诇讗 诪爪讬 拽专讬 注诇讬讛 砖诪专 驻讬讜 讜诇砖讜谞讜 砖诪专 诪爪专讜转 谞驻砖讜 讝拽驻讜讛讜 拽诐 转讜转讬 讝拽讬驻讗 讜拽讗 讘讻讬 讗诪专讜 诇讬讛 专讘讬 讗诇 讬专注 讘注讬谞讬讱 砖讛讜讗 讜讘谞讜 讘注诇讜 谞注专讛 诪讗讜专住讛 讘讬讜诐 讛讻驻讜专讬诐

After his mind settled, i.e., when his anger abated, Rabbi Elazar, son of Rabbi Shimon, regretted his hasty decision. He went after the laundryman in order to ransom him and save him from execution, but he was unable to do so. He read the verse about him: 鈥淲hoever keeps his mouth and his tongue, keeps his soul from troubles鈥 (Proverbs 21:23), i.e., had the laundryman not issued his derogatory comment he would have been spared this fate. Ultimately, they hanged the laundryman. Rabbi Elazar, son of Rabbi Shimon, stood beneath the gallows and wept. Those who were present said to him: Our teacher, let it not be bad in your eyes that you caused his death, as this laundryman was a wholly wicked person; you should know that he and his son both engaged in intercourse with a betrothed young woman on Yom Kippur.

讛谞讬讞 讬讚讜 注诇 讘谞讬 诪注讬讜 讗诪专 砖讬砖讜 讘谞讬 诪注讬 砖讬砖讜 讜诪讛 住驻讬拽讜转 砖诇讻诐 讻讱 讜讚讗讬转 砖诇讻诐 注诇 讗讞转 讻诪讛 讜讻诪讛 诪讜讘讟讞 讗谞讬 讘讻诐 砖讗讬谉 专诪讛 讜转讜诇注讛 砖讜诇讟转 讘讻诐

Upon hearing this, Rabbi Elazar, son of Rabbi Shimon, placed his hand upon his belly, over his innards, and said: Rejoice, my innards, rejoice! If your mere suspicions are so accurate, all the more so your certainties must be correct. If the condemnation of this man based upon the suspicions raised by his insolence proved to be correct, the identification of thieves in accordance with logical reasoning must certainly be accurate. I am assured about you, my innards, that worm and maggot will not affect you, which is a sign of a completely righteous person.

讜讗驻讬诇讜 讛讻讬 诇讗 诪讬讬转讘讗 讚注转讬讛 讗砖拽讬讜讛讜 住诪讗 讚砖讬谞转讗 讜注讬讬诇讜讛讜 诇讘讬转讗 讚砖讬砖讗 讜拽专注讜 诇讻专讬住讬讛 讛讜讜 诪驻拽讜 诪讬谞讬讛 讚讬拽讜诇讬 讚讬拽讜诇讬 讚转专讘讗 讜诪讜转讘讬 讘砖诪砖讗 讘转诪讜讝 讜讗讘 讜诇讗 诪住专讞讬

Nevertheless, his mind was not calmed. He decided to test himself. He arranged for people to give him a sedative to drink, and they brought him into a house of marble, where surgeries were performed, and cut open his belly. They removed baskets upon baskets of fat from it, placed them in the hot sun in the summer months of Tammuz and Av, and the fat did not putrefy. In this manner, Rabbi Elazar, son of Rabbi Shimon, received proof that his decisions were correct and that he was a wholly righteous individual.

讻诇 转专讘讗 谞诪讬 诇讗 住专讬讞 讻诇 转专讘讗 诇讗 住专讬讞 砖讜专讬讬拽讬 住讜诪拽讬 诪住专讬讞 讛讻讗 讗祝 注诇 讙讘 讚讗讬转讗 砖讜专讬讬拽讬 住讜诪拽讬 诇讗 诪住专讬讞 拽专讬 讗谞驻砖讬讛 讗祝 讘砖专讬 讬砖讻谉 诇讘讟讞

The Gemara questions what the proof was: This is not sufficient proof, as all fat that is not attached to flesh does not putrefy. The Gemara answers: True, all fat not attached to flesh does not putrefy, but the red veins within the fat do putrefy. Here, by contrast, although there were red veins in the fat, they did not putrefy, which is a sign of his righteousness. Rabbi Elazar, son of Rabbi Shimon, read the verses about himself: 鈥淚 have set the Lord always before me鈥herefore my heart is glad, and my glory rejoices; my flesh also dwells in safety鈥 (Psalms 16:8鈥9).

讜讗祝 专讘讬 讬砖诪注讗诇 讘专讘讬 讬讜住讬 诪讟讗

The Gemara relates: And a similar incident also occurred to Rabbi Yishmael, son of Rabbi Yosei, i.e., he too was appointed head officer.

  • This month's learning is sponsored by Joanna Rom and Steven Goldberg in loving memory of Steve's mother Shirley "Nana" Goldberg (Sura Tema bat Chaim v'Hanka)

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Bava Metzia 83

The William Davidson Talmud | Powered by Sefaria

Bava Metzia 83

讜讗驻讬诇讜 讘诪拽讜诐 诪讚专讜谉 谞诪讬 讛转讬谞讞 讛讬讻讗 讚诇讬讻讗 专讗讬讛 讗讘诇 讛讬讻讗 讚讗讬讻讗 专讗讬讛 谞讬转讬 专讗讬讛 讜谞驻讟专 讚转谞讬讗 讗讬住讬 讘谉 讬讛讜讚讛 讗讜诪专 讗讬谉 专讗讛 砖讘注转 讛壮 转讛讬讛 讘讬谉 砖谞讬讛诐 讛讗 讬砖 专讜讗讛 讬讘讬讗 专讗讬讛 讜讬驻讟专

And even on an inclined plane, this works out well where there is no evidence, i.e., in a case without witnesses. But where there is evidence, let him bring evidence and be exempt. Why then is he forced to take an oath? As it is taught in a baraita: Isi ben Yehuda says, with regard to the verse: 鈥淎nd it died or was hurt or driven away without an eyewitness, an oath of the Lord shall be between them鈥 (Exodus 22:9鈥10), that one can infer from here that if there is an eyewitness, let him bring evidence and be exempt.

讜专讘讬 讞讬讬讗 讘专 讗讘讗 讗诪专 专讘讬 讬讜讞谞谉 砖讘讜注讛 讝讜 转拽谞转 讞讻诪讬诐 讛讬讗 砖讗诐 讗讬 讗转讛 讗讜诪专 讻谉 讗讬谉 诇讱 讗讚诐 讛诪注讘讬专 讞讘讬转 诇讞讘讬专讜 诪诪拽讜诐 诇诪拽讜诐

The Gemara previously cited Rabbi Elazar鈥檚 answer to the apparent contradiction between the statements of Rabbi Meir, which was followed by an analysis of the various opinions of the tanna鈥檌m. The Gemara presents a different interpretation. And Rabbi 岣yya bar Abba says that Rabbi Yo岣nan says: There is no difficulty with the oath proposed by Rabbi Meir, as this oath is a decree of the Sages for the betterment of the world. The reason for this oath is that if you do not say so, that an unpaid bailee who broke the barrel in transport can exempt himself by means of an oath, you will have no person who will be willing to transport a barrel for another from one place to another, due to the fear that it might break and he will have to pay.

讛讬讻讬 诪砖转讘注 讗诪专 专讘讗 砖讘讜注讛 砖诇讗 讘讻讜讜谞讛 砖讘专转讬讛 讜讗转讗 专讘讬 讬讛讜讚讛 诇诪讬诪专 砖讜诪专 讞谞诐 讬砖讘注 谞讜砖讗 砖讻专 讬砖诇诐 讛讗讬 讻讚讬谞讬讛 讜讛讗讬 讻讚讬谞讬讛 讜讗转讗 专讘讬 讗诇注讝专 诇诪讬诪专 讗讬谉 讙诪专讗 讻专讘讬 诪讗讬专 讜诪讬讛讜 转诪讬讛 讗谞讬 讗诐 讬讻讜诇讬诐 讝讛 讜讝讛 诇讬砖讘注

The Gemara asks: How exactly does he take an oath? Rava said that the phrasing is: I take an oath that I broke it unintentionally. And Rabbi Yehuda came to say: An unpaid bailee takes an oath, while a paid bailee pays, this one in accordance with his law and that one in accordance with his law. And Rabbi Elazar came to say: Yes, there is a tradition in accordance with the opinion of Rabbi Meir. But I wonder whether both this one and that one can take an oath.

讘砖诇诪讗 砖讜诪专 讞谞诐 诪砖转讘注 砖诇讗 驻砖注 讘讛 讗诇讗 砖讜诪专 砖讻专 讗诪讗讬 诪砖转讘注 讻讬 诇讗 驻砖注 谞诪讬 讘注讬 砖诇讜诪讬 讜讗驻讬诇讜 砖讜诪专 讞谞诐 谞诪讬 讛讗 转讬谞讞 讘诪拽讜诐 诪讚专讜谉 砖诇讗 讘诪拽讜诐 诪讚专讜谉 诪讬 诪爪讬 诪砖转讘注 砖诇讗 驻砖注

Granted, an unpaid bailee takes an oath that he was not negligent with regard to the barrel, but why does a paid bailee take an oath? Even if he was not negligent, he is still required to pay. And even with regard to an unpaid bailee, this works out well if the barrel was broken on an inclined plane, but if it broke not on an inclined plane but under different circumstances, how can he take an oath that he was not negligent with it?

讜讗驻讬诇讜 讘诪拽讜诐 诪讚专讜谉 谞诪讬 讛讗 转讬谞讞 讛讬讻讗 讚诇讬讻讗 专讗讬讛 讛讬讻讗 讚讗讬讻讗 专讗讬讛 谞讬转讬 专讗讬讛 讜讬驻讟专 讚转谞讬讗 讗讬住讬 讘谉 讬讛讜讚讛 讗讜诪专 讗讬谉 专讗讛 砖讘注转 讛壮 转讛讬讛 讘讬谉 砖谞讬讛诐 讛讗 讬砖 专讜讗讛 讬讘讬讗 专讗讬讛 讜讬驻讟专

And even on an inclined plane, this works out well where there is no evidence. But where there is evidence, let him bring evidence and be exempt. As it is taught in a baraita: Isi ben Yehuda says, with regard to the verse: 鈥淎nd it died or was hurt or driven away without an eyewitness, an oath of the Lord shall be between them鈥 (Exodus 22:9鈥10), that one can infer from here that if there is an eyewitness, let him bring evidence and be exempt.

讛讛讜讗 讙讘专讗 讚讛讜讛 拽讗 诪注讘专 讞讘讬转讗 讚讞诪专讗 讘专讬住转拽讗 讚诪讞讜讝讗 讜转讘专讛 讘讝讬讝讗 讚诪讞讜讝讗 讗转讗 诇拽诪讬讛 讚专讘讗 讗诪专 诇讬讛 专讬住转拽讗 讚诪讞讜讝讗 砖讻讬讞讬 讘讛 讗讬谞砖讬 讝讬诇 讗讬讬转讬 专讗讬讛 讜讗讬驻讟专 讗诪专 诇讬讛 专讘 讬讜住祝 讘专讬讛 讻诪讗谉 讻讗讬住讬 讗诪专 诇讬讛 讗讬谉 讻讗讬住讬 讜住讘讬专讗 诇谉 讻讜讜转讬讛

The Gemara relates: There was a certain man who transported a barrel of wine in the market [beristeka] of Me岣za and broke it on one of the protrusions of a wall in Me岣za. The case came before Rava, who said to him: With regard to the market of Me岣za, people are generally found there. Go and bring evidence in your favor and you will be exempt. Rav Yosef, Rava鈥檚 son, said to him: In accordance with whose opinion did you issue this ruling? In accordance with the opinion of Isi ben Yehuda? Rava said to him: Yes, I ruled in accordance with the ruling of Isi, and we hold in accordance with his opinion.

讛讛讜讗 讙讘专讗 讚讗诪专 诇讬讛 诇讞讘专讬讛 讝讬诇 讝讘讬谉 诇讬 讗专讘注 诪讗讛 讚谞讬 讞诪专讗 讗讝诇 讝讘谉 诇讬讛 诇住讜祝 讗转讗 诇拽诪讬讛 讗诪专 诇讬讛 讝讘讬谞讬 诇讱 讗专讘注 诪讗讛 讚谞讬 讞诪专讗 讜转拽讬驻讜 诇讛讜

The Gemara relates a similar incident. There was a certain man who said to another: Go and buy for me four hundred pitchers of wine. The second man went and bought them for him. Ultimately, he came before the first man and said to him: I bought four hundred pitchers of wine for you, but they fermented.

讗转讗 诇拽诪讬讛 讚专讘讗 讗诪专 诇讬讛 讗专讘注 诪讗讛 讚谞讬 讞诪专讗 转拽讬驻讬 拽诇讗 讗讬转 诇讛 诇诪讬诇转讗 讝讬诇 讗讬讬转讬 专讗讬讛 讚诪注讬拽专讗 讻讬 诪讝讘谞转 诇讛讜 讞诪专讗 诪注诇讬讗 讛讜讛 讜讗讬驻讟专 讗诪专 诇讬讛 专讘 讬讜住祝 讘专讬讛 讻诪讗谉 讻讗讬住讬 讗诪专 诇讬讛 讗讬谉 讻讗讬住讬 讜住讘讬专讗 诇谉 讻讜讜转讬讛

The case came before Rava, who said to the second man: If four hundred pitchers of wine had fermented, this matter would generate publicity, i.e., people would have heard of this occurrence. Consequently, go and bring proof that initially, when you purchased the pitchers, the wine was good, and you will be exempt. Rav Yosef, Rava鈥檚 son, said to him: In accordance with whose opinion did you issue this ruling? According to that of Isi ben Yehuda? Rava said to him: Yes, I ruled in accordance with the ruling of Isi, and we hold in accordance with his opinion.

讗转拽讬谉 专讘 讞讬讬讗 讘专 讬讜住祝 讘住讬讻专讗 讛谞讬 讚讚专讜 讘讗讙专讗 讜讗讬转讘专 谞砖诇诐 驻诇讙讗 诪讗讬 讟注诪讗 谞驻讬砖 诇讞讚 讜讝讜讟专 诇转专讬 拽专讜讘 诇讗讜谞住 讜拽专讜讘 诇驻砖讬注讛 讘讚讬讙诇讗 诪砖诇诐 讻讜诇讛

The Gemara relates: Rav 岣yya bar Yosef issued a decree in the city of Sikhra, where he was the presiding Sage: With regard to those who carry loads on a pole [be鈥檃gra] and the item breaks, they must pay half. What is the reason? Such a pole is used to carry loads that are too much for one individual to carry and too little for two. Consequently, this breakage is close to an accident and equally close to negligence, and therefore they compromise with a payment of half liability. If he carried it with a digla, a wooden tool designed for double loads, he pays in full, as the use of such a tool indicates that he was carrying a load beyond the capacity of a single individual to bear and therefore acted negligently.

专讘讛 讘专 讘专 讞谞谉 转讘专讜 诇讬讛 讛谞讛讜 砖拽讜诇讗讬 讞讘讬转讗 讚讞诪专讗 砖拽诇 诇讙诇讬诪讬讬讛讜 讗转讜 讗诪专讜 诇专讘 讗诪专 诇讬讛 讛讘 诇讛讜 讙诇讬诪讬讬讛讜 讗诪专 诇讬讛 讚讬谞讗 讛讻讬 讗诪专 诇讬讛 讗讬谉 诇诪注谉 转诇讱 讘讚专讱 讟讜讘讬诐 讬讛讬讘 诇讛讜 讙诇讬诪讬讬讛讜 讗诪专讜 诇讬讛 注谞讬讬 讗谞谉 讜讟专讞讬谞谉 讻讜诇讛 讬讜诪讗 讜讻驻讬谞谉 讜诇讬转 诇谉 诪讬讚讬 讗诪专 诇讬讛 讝讬诇 讛讘 讗讙专讬讬讛讜 讗诪专 诇讬讛 讚讬谞讗 讛讻讬 讗诪专 诇讬讛 讗讬谉 讜讗专讞讜转 爪讚讬拽讬诐 转砖诪专

The Gemara relates an incident involving Rabba bar bar 岣nan: Certain porters broke his barrel of wine after he had hired them to transport the barrels. He took their cloaks as payment for the lost wine. They came and told Rav. Rav said to Rabba bar bar 岣nan: Give them their cloaks. Rabba bar bar 岣nan said to him: Is this the halakha? Rav said to him: Yes, as it is written: 鈥淭hat you may walk in the way of good men鈥 (Proverbs 2:20). Rabba bar bar 岣nan gave them their cloaks. The porters said to Rav: We are poor people and we toiled all day and we are hungry and we have nothing. Rav said to Rabba bar bar 岣nan: Go and give them their wages. Rabba bar bar 岣nan said to him: Is this the halakha? Rav said to him: Yes, as it is written: 鈥淎nd keep the paths of the righteous鈥 (Proverbs 2:20).

讛讚专谉 注诇讱 讛砖讜讻专 讗转 讛讗讜诪谞讬谉

 

诪转谞讬壮 讛砖讜讻专 讗转 讛驻讜注诇讬诐 讜讗诪专 诇讛诐 诇讛砖讻讬诐 讜诇讛注专讬讘 诪拽讜诐 砖谞讛讙讜 砖诇讗 诇讛砖讻讬诐 讜砖诇讗 诇讛注专讬讘 讗讬谞讜 专砖讗讬 诇讻讜驻谉 诪拽讜诐 砖谞讛讙讜 诇讝讜谉 讬讝讜谉 诇住驻拽 讘诪转讬拽讛 讬住驻拽 讛讻诇 讻诪谞讛讙 讛诪讚讬谞讛

MISHNA: With regard to one who hires laborers and tells them to rise exceptionally early and to continue working until exceptionally late, if this is in a locale where laborers are not accustomed to rising so early or to continuing to work until so late, the employer is not permitted to compel them to do so. In a locale where employers are accustomed to feeding their laborers, the employer must feed them. If they are in a locale where an employer is accustomed to providing their laborers with sweet foods, he must provide such food. Everything is in accordance with the regional custom in these matters.

诪注砖讛 讘专讘讬 讬讜讞谞谉 讘谉 诪转讬讗 砖讗诪专 诇讘谞讜 爪讗 砖讻讜专 诇谞讜 驻讜注诇讬谉 讛诇讱 讜驻住拽 诇讛诐 诪讝讜谞讜转

There was an incident involving Rabbi Yo岣nan ben Matya, who said to his son: Go out and hire laborers for us. His son went, hired them, and pledged to provide sustenance for them as a term of their employment, without specifying the details.

讜讻砖讘讗 讗爪诇 讗讘讬讜 讗诪专 诇讜 讘谞讬 讗驻讬诇讜 讗诐 讗转讛 注讜砖讛 诇讛诐 讻住注讜讚转 砖诇诪讛 讘砖注转讜 诇讗 讬爪讗转 讬讚讬 讞讜讘转讱 注诪讛谉 砖讛谉 讘谞讬 讗讘专讛诐 讬爪讞拽 讜讬注拽讘 讗诇讗 注讚 砖诇讗 讬转讞讬诇讜 讘诪诇讗讻讛 爪讗 讜讗诪讜专 诇讛诐 注诇 诪谞转 砖讗讬谉 诇讻诐 注诇讬 讗诇讗 驻转 讜拽讟谞讬转 讘诇讘讚 专讘谉 砖诪注讜谉 讘谉 讙诪诇讬讗诇 讗讜诪专 诇讗 讛讬讛 爪专讬讱 诇讜诪专 讛讻诇 讻诪谞讛讙 讛诪讚讬谞讛

And when he came back to his father and reported what he had done, Rabbi Yo岣nan ben Matya said to him: My son, even if you were to prepare a feast for them like that of King Solomon in his time, you would not have fulfilled your obligation to them, as they are the descendants of Abraham, Isaac, and Jacob. Rather, before they begin engaging in their labor, go out and say to them: The stipulation that food will be provided is on the condition that you have the right to claim from me only a meal of bread and legumes, which is the typical meal given to laborers. Rabban Shimon ben Gamliel says: Rabbi Yo岣nan ben Matya鈥檚 son did not need to state this condition, as the principle is that everything is in accordance with the regional custom.

讙诪壮 驻砖讬讟讗 诇讗 爪专讬讻讗 讚讟驻讗 诇讛讜 讗讗讙专讬讬讛讜 诪讛讜 讚转讬诪讗 讗诪专 诇讛讜 讛讗 讚讟驻讗讬 诇讻讜 讗讗讙专讬讬讻讜 讗讚注转讗 讚诪拽讚诪讬转讜 讜诪讞砖讻讬转讜 讘讛讚讗讬 拽讗 诪砖诪注 诇谉 讚讗诪专讜 诇讬讛 讛讗讬 讚讟驻转 诇谉 讗讚注转讗 讚注讘讚讬谞谉 诇讱 注讘讬讚转讗 砖驻讬专转讗

GEMARA: With regard to the mishna鈥檚 statement that an employer may not compel his laborers to rise exceptionally early and continue working until exceptionally late, the Gemara asks: Isn鈥檛 this obvious? By what right can he force them to do so? The Gemara explains: No, the mishna鈥檚 ruling is necessary only in a case where the employer increased their wages beyond the standard in that place. Lest you say that the employer could say to the laborers: The fact that I increased your wages was with the understanding that you would rise early and continue working late for me, the mishna therefore teaches us that the laborers can say in response to the employer: The fact that you increased our wages was with the understanding that we would perform quality work for you, not that we would work longer hours.

讗诪专 专讬砖 诇拽讬砖

Reish Lakish says:

驻讜注诇 讘讻谞讬住转讜 诪砖诇讜 讘讬爪讬讗转讜 诪砖诇 讘注诇 讛讘讬转 砖谞讗诪专 转讝专讞 讛砖诪砖 讬讗住驻讜谉 讜讗诇 诪注讜谞转诐 讬专讘爪讜谉 讬爪讗 讗讚诐 诇驻注诇讜 讜诇注讘讚转讜 注讚讬 注专讘

A laborer鈥檚 entrance into the city from the field at the end of a day鈥檚 work is at his own expense, i.e., he must work until the very end of the day before returning home, and he is not paid for his travel time. In contrast, his departure to work is at his employer鈥檚 expense, i.e., he may travel after sunrise, which is time that he is paid for. The source for this is as it is stated: 鈥淭he sun rises; they slink away and couch in their dens; man goes forth to his work and to his labor until the evening鈥 (Psalms 104:22鈥23). This verse indicates that people set out to work only from sunrise, but they work until the very end of the day.

讜诇讬讞讝讬 讛讬讻讬 谞讛讬讙讬 讘注讬专 讞讚砖讛 讜谞讬讞讝讬 诪讛讬讻讗 拽讗 讗转讜 讘谞拽讜讟讗讬 讗讬讘注讬转 讗讬诪讗 讚讗诪专 诇讛讜 讚讗讙专讬转讜 诇讬 讻驻讜注诇 讚讗讜专讬讬转讗

The Gemara asks: But if employment practices are in accordance with regional custom, how can a source be cited from a verse? Let us see how they are accustomed to working in that place. The Gemara answers: The statement of Reish Lakish is with regard to a new city, which does not yet have an accepted practice. The Gemara asks: Even so, let us see from which city the laborers originally came, and let them follow the customs of that city. The Gemara answers: This is a case of an eclectic group of laborers, who came from many different cities. The Gemara offers an alternative answer: If you wish, say instead that the employer said to the laborer: I am hiring you as a laborer by Torah law. According to this explanation, Reish Lakish is detailing the halakha by Torah law.

讚专砖 专讘讬 讝讬专讗 讜讗诪专讬 诇讛 转谞讬 专讘 讬讜住祝 诪讗讬 讚讻转讬讘 转砖转 讞砖讱 讜讬讛讬 诇讬诇讛 讘讜 转专诪砖 讻诇 讞讬转讜 讬注专 转砖转 讞砖讱 讜讬讛讬 诇讬诇讛 讝讛 讛注讜诇诐 讛讝讛 砖讚讜诪讛 诇诇讬诇讛 讘讜 转专诪砖 讻诇 讞讬转讜 讬注专 讗诇讜 专砖注讬诐 砖讘讜 砖讚讜诪讬谉 诇讞讬讛 砖讘讬注专

With regard to the aforementioned psalm, the Gemara notes: Rabbi Zeira interpreted a verse homiletically, and some say that Rav Yosef taught in a baraita: What is the meaning of that which is written: 鈥淵ou make darkness and it is night, in which all the beasts of the forest creep forth鈥 (Psalms 104:20)? 鈥淵ou make darkness and it is night鈥; this is referring to this world, which resembles nighttime. 鈥淚n which all the beasts of the forest creep forth鈥; these are the wicked in this world, who resemble a beast of the forest, as the wicked have great influence in this world.

转讝专讞 讛砖诪砖 讬讗住驻讜谉 讜讗诇 诪注讜谞转诐 讬专讘爪讜谉 转讝专讞 讛砖诪砖 诇爪讚讬拽讬诐 讬讗住驻讜谉 专砖注讬诐 诇讙讬讛谞诐 讜讗诇 诪注讜谞转诐 讬专讘爪讜谉 讗讬谉 诇讱 讻诇 爪讚讬拽 讜爪讚讬拽 砖讗讬谉 诇讜 诪讚讜专 诇驻讬 讻讘讜讚讜 讬爪讗 讗讚诐 诇驻注诇讜 讬爪讗讜 爪讚讬拽讬诐 诇拽讘诇 砖讻专谉 讜诇注讘讚转讜 注讚讬 注专讘 讘诪讬 砖讛砖诇讬诐 注讘讜讚转讜 注讚讬 注专讘

With regard to the World-to-Come, the verse states: 鈥淭he sun rises; they slink away and couch in their dens鈥 (Psalms 104:22). 鈥淭he sun rises鈥 for the righteous, and 鈥渢hey slink away,鈥 i.e., the wicked go to Gehenna. As for the phrase: 鈥淎nd couch in their dens,鈥 it is interpreted as follows: You will not have a single righteous person who will not have his own residence in the World-to-Come, as befitting his dignity. With regard to the phrase: 鈥淢an goes forth to his work,鈥 it indicates that the righteous go forth to receive their reward. Finally, the phrase: 鈥淎nd to his labor until the evening鈥 (Psalms 104:22), teaches that the verse is referring to one who has completed his labor by the evening, i.e., before the evening of his lifetime, his death.

专讘讬 讗诇注讝专 讘专讘讬 砖诪注讜谉 讗砖讻讞 诇讛讛讜讗 驻专讛讙讜谞讗 讚拽讗 转驻讬住 讙谞讘讬 讗诪专 诇讬讛 讛讬讻讬 讬讻诇转 诇讛讜 诇讗讜 讻讞讬讜转讗 诪转讬诇讬 讚讻转讬讘 讘讜 转专诪砖 讻诇 讞讬转讜 讬注专 讗讬讻讗 讚讗诪专讬 诪讛讗讬 拽专讗 拽讗诪专 诇讬讛 讬讗专讘 讘诪住转专 讻讗专讬讛 讘住讻讛 讚诇诪讗 砖拽诇转 爪讚讬拽讬 讜砖讘拽转 专砖讬注讬

The Gemara relates a story that involves rising early. Rabbi Elazar, son of Rabbi Shimon, found a certain officer [parhagavna] whose responsibility was to arrest thieves. He said to the officer: How are you able to arrest them? Aren鈥檛 they likened to beasts, as it is written: 鈥淵ou make darkness and it is night, in which all the beasts of the forest creep forth鈥 (Psalms 104:20)? There are those who say that he said to him a proof from this verse: 鈥淗e lies in wait in a secret place as a lion in his lair, he lies in wait to catch the poor; he catches the poor when he draws him up in his net鈥 (Psalms 10:9). Since the wicked are so devious, perhaps you apprehend the righteous and leave the wicked alone?

讗诪专 诇讬讛 讜诪讗讬 讗注讘讬讚 讛专诪谞讗 讚诪诇讻讗 讛讜讗 讗诪专 转讗 讗讙诪专讱 讛讬讻讬 转注讘讬讚 注讜诇 讘讗专讘注 砖注讬 诇讞谞讜转讗 讻讬 讞讝讬转 讗讬谞讬砖 讚拽讗 砖转讬 讞诪专讗 讜拽讗 谞拽讬讟 讻住讗 讘讬讚讬讛 讜拽讗 诪谞诪谞诐 砖讗讜诇 注讬诇讜讬讛

The officer said to him: But what should I do? It is the king鈥檚 edict [harmana] that I must arrest thieves, and I am perform-ing my job to the best of my ability. Rabbi Elazar, son of Rabbi Shimon, said to him: Come and I will instruct you how you should do it. At the fourth hour of the day enter the tavern. When you see someone drinking wine, holding his cup in his hand, and dozing, inquire about his background.

讗讬 爪讜专讘讗 诪专讘谞谉 讛讜讗 讜谞讬讬诐 讗拽讚讜诪讬 拽讚讬诐 诇讙专住讬讛 讗讬 驻讜注诇 讛讜讗 拽讚讬诐 拽讗 注讘讬讚 注讘讬讚转讬讛 讜讗讬 注讘讬讚转讬讛 讘诇讬诇讬讗 专讚讜讚讬 专讚讬讚 讜讗讬 诇讗 讙谞讘讗 讛讜讗 讜转驻住讬讛

If he is a Torah scholar and is dozing, assume that he rose early in the morning for his studies. If he is a daytime laborer, assume that he rose early and performed his work. And if his work is at night and no one heard him working, it is possible that this is because he draws copper wires, which is a form of labor that does not produce noise. And if he is none of these, he is a thief, and you should arrest him, as it can be assumed that he was awake the previous night because he was stealing, and that is why he is now dozing off.

讗讬砖转诪注 诪讬诇转讗 讘讬 诪诇讻讗 讗诪专讜 拽专讬讬谞讗 讚讗讬讙专转讗 讗讬讛讜 诇讬讛讜讬 驻专讜谞拽讗 讗转讬讜讛 诇专讘讬 讗诇注讝专 讘专讘讬 砖诪注讜谉 讜拽讗 转驻讬住 讙谞讘讬 讜讗讝讬诇 砖诇讞 诇讬讛 专讘讬 讬讛讜砖注 讘谉 拽专讞讛 讞讜诪抓 讘谉 讬讬谉 注讚 诪转讬 讗转讛 诪讜住专 注诪讜 砖诇 讗诇讛讬谞讜 诇讛专讬讙讛

This matter of the advice of Rabbi Elazar, son of Rabbi Shimon, was heard in the king鈥檚 palace. The king鈥檚 ministers said: Let the reader of the letter be its messenger [parvanka], i.e., since Rabbi Elazar, son of Rabbi Shimon, offered this advice, he should be the one to implement it. They brought Rabbi Elazar, son of Rabbi Shimon, to the authorities who appointed him to this task, and he proceeded to arrest thieves. Rabbi Yehoshua ben Kor岣 sent Rabbi Elazar, son of Rabbi Shimon, the following message: You are vinegar, son of wine, i.e., you are wicked in comparison to your father, the righteous Rabbi Shimon, just as vinegar is spoiled wine. Until when will you inform on the nation of our God to be sentenced to execution by a gentile king鈥檚 court?

砖诇讞 诇讬讛 拽讜爪讬诐 讗谞讬 诪讻诇讛 诪谉 讛讻专诐 砖诇讞 诇讬讛 讬讘讗 讘注诇 讛讻专诐 讜讬讻诇讛 讗转 拽讜爪讬讜 讬讜诪讗 讞讚 驻讙注 讘讬讛 讛讛讜讗 讻讜讘住 拽专讬讬讛 讞讜诪抓 讘谉 讬讬谉 讗诪专 诪讚讞爪讬祝 讻讜诇讬 讛讗讬 砖诪注 诪讬谞讛 专砖讬注讗 讛讜讗 讗诪专 诇讛讜 转驻住讜讛讜 转驻住讜讛讜

Rabbi Elazar, son of Rabbi Shimon, sent a message back to him: I am merely eradicating thorns from the vineyard, i.e., I am removing the wicked from the Jewish people. Rabbi Yehoshua ben Kor岣 sent back to him: Let the Owner of the vineyard, i.e., God, come and eradicate His own thorns. It is not your place to do this. The Gemara relates: One day, a certain laundryman met Rabbi Elazar, son of Rabbi Shimon, and called him vinegar, son of wine. Rabbi Elazar, son of Rabbi Shimon, said: From the fact that this man acted so insolently by vilifying a Torah scholar, one can conclude that he is a wicked person. He told the authorities: Arrest that man. They arrested him and condemned him to death.

诇讘转专 讚谞讞 讚注转讬讛 讗讝诇 讘转专讬讛 诇驻专讜拽讬讛 讜诇讗 诪爪讬 拽专讬 注诇讬讛 砖诪专 驻讬讜 讜诇砖讜谞讜 砖诪专 诪爪专讜转 谞驻砖讜 讝拽驻讜讛讜 拽诐 转讜转讬 讝拽讬驻讗 讜拽讗 讘讻讬 讗诪专讜 诇讬讛 专讘讬 讗诇 讬专注 讘注讬谞讬讱 砖讛讜讗 讜讘谞讜 讘注诇讜 谞注专讛 诪讗讜专住讛 讘讬讜诐 讛讻驻讜专讬诐

After his mind settled, i.e., when his anger abated, Rabbi Elazar, son of Rabbi Shimon, regretted his hasty decision. He went after the laundryman in order to ransom him and save him from execution, but he was unable to do so. He read the verse about him: 鈥淲hoever keeps his mouth and his tongue, keeps his soul from troubles鈥 (Proverbs 21:23), i.e., had the laundryman not issued his derogatory comment he would have been spared this fate. Ultimately, they hanged the laundryman. Rabbi Elazar, son of Rabbi Shimon, stood beneath the gallows and wept. Those who were present said to him: Our teacher, let it not be bad in your eyes that you caused his death, as this laundryman was a wholly wicked person; you should know that he and his son both engaged in intercourse with a betrothed young woman on Yom Kippur.

讛谞讬讞 讬讚讜 注诇 讘谞讬 诪注讬讜 讗诪专 砖讬砖讜 讘谞讬 诪注讬 砖讬砖讜 讜诪讛 住驻讬拽讜转 砖诇讻诐 讻讱 讜讚讗讬转 砖诇讻诐 注诇 讗讞转 讻诪讛 讜讻诪讛 诪讜讘讟讞 讗谞讬 讘讻诐 砖讗讬谉 专诪讛 讜转讜诇注讛 砖讜诇讟转 讘讻诐

Upon hearing this, Rabbi Elazar, son of Rabbi Shimon, placed his hand upon his belly, over his innards, and said: Rejoice, my innards, rejoice! If your mere suspicions are so accurate, all the more so your certainties must be correct. If the condemnation of this man based upon the suspicions raised by his insolence proved to be correct, the identification of thieves in accordance with logical reasoning must certainly be accurate. I am assured about you, my innards, that worm and maggot will not affect you, which is a sign of a completely righteous person.

讜讗驻讬诇讜 讛讻讬 诇讗 诪讬讬转讘讗 讚注转讬讛 讗砖拽讬讜讛讜 住诪讗 讚砖讬谞转讗 讜注讬讬诇讜讛讜 诇讘讬转讗 讚砖讬砖讗 讜拽专注讜 诇讻专讬住讬讛 讛讜讜 诪驻拽讜 诪讬谞讬讛 讚讬拽讜诇讬 讚讬拽讜诇讬 讚转专讘讗 讜诪讜转讘讬 讘砖诪砖讗 讘转诪讜讝 讜讗讘 讜诇讗 诪住专讞讬

Nevertheless, his mind was not calmed. He decided to test himself. He arranged for people to give him a sedative to drink, and they brought him into a house of marble, where surgeries were performed, and cut open his belly. They removed baskets upon baskets of fat from it, placed them in the hot sun in the summer months of Tammuz and Av, and the fat did not putrefy. In this manner, Rabbi Elazar, son of Rabbi Shimon, received proof that his decisions were correct and that he was a wholly righteous individual.

讻诇 转专讘讗 谞诪讬 诇讗 住专讬讞 讻诇 转专讘讗 诇讗 住专讬讞 砖讜专讬讬拽讬 住讜诪拽讬 诪住专讬讞 讛讻讗 讗祝 注诇 讙讘 讚讗讬转讗 砖讜专讬讬拽讬 住讜诪拽讬 诇讗 诪住专讬讞 拽专讬 讗谞驻砖讬讛 讗祝 讘砖专讬 讬砖讻谉 诇讘讟讞

The Gemara questions what the proof was: This is not sufficient proof, as all fat that is not attached to flesh does not putrefy. The Gemara answers: True, all fat not attached to flesh does not putrefy, but the red veins within the fat do putrefy. Here, by contrast, although there were red veins in the fat, they did not putrefy, which is a sign of his righteousness. Rabbi Elazar, son of Rabbi Shimon, read the verses about himself: 鈥淚 have set the Lord always before me鈥herefore my heart is glad, and my glory rejoices; my flesh also dwells in safety鈥 (Psalms 16:8鈥9).

讜讗祝 专讘讬 讬砖诪注讗诇 讘专讘讬 讬讜住讬 诪讟讗

The Gemara relates: And a similar incident also occurred to Rabbi Yishmael, son of Rabbi Yosei, i.e., he too was appointed head officer.

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