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Iying¹wxt¹lretd¹z@¹Xkeyd IYING¹WXT¹LRETD¹Z@¹XKEYD ])8U| vO)[{Nz8[(T{C)[{Nz8.wTwSRLxLzD)2yU ])8U| vOOxU)5|G]wC[xN)9|G :@¹DPYN¹¹fol. 44c )[{Nz8P)Z{QzOP)Z{2yQ.wTwSRLxLOw:]LyD{JLyO[xDvUvG)O[|Q{Cw:Ly5O|UV|C]w[wJ|CG{NC{OzQ)2yU [{<(Q Mishnah 1: If somebody hires a worker to work for him on libation wine, his wages are forbidden1. If he hired him for other work, even though he told him, transport an amphora of libation wine for me from one place to another, his wages are permitted2. 1 If a Gentile hires a Jewish worker fact that libation wine is forbidden for specifically to work on his wine, the wages usufruct for a Jewish owner. are forbidden to the worker for all usufruct. 2 The moment that libation wine was not The rule which makes it impossible for the mentioned at the time of the hiring, there is Jewish worker to be hired in this way is no obligation on the worker to refrain from purely rabbinical; it is not implied by the being occupied with libation wine. i¦A¦x m¥W§a Ed¨A©` i¦A¦x .Fl o¥zFp `Ed Fx¨k§U `Ÿl§e .'lek l¥rFRd © z¤` x¥kFVd © :@¹DKLD (44c line 50) .EdEq¨p§w q¨p§w .o¨p¨gFi zFxi¥t§A .`xi ¨r§ ¦ f i¦A¦x x©n¨` .zi¦ria§ ¦ U o¨x¨k§U zi¦ria§ ¦ X©A oi¦UFrdÎl¨ ¨ k§e mit¨ ¦ Y©M©d§emi¦ x¨O©g©d .i¥P©Y x¨k¨W oi¦l§hFp Ed§i `ŸNW ¤ i`©P©i i¦A¦x zi¥a§C oi¥Ni¦`§l o¨p¨gFi i¦A¦x i¥xFdc § `i¦d©d§e .`¨zi¦p§z©n `id ¦ x¥zid ¥ d¨x¨f d¨cFa£r zFxi¥t§A .i©li¦i iA¦ ¦ x x©n¨` .oFd§li¥ xFd d¨i§n¤g§p i¦A¦x§kE dcEd§i ¨ i¦A¦x§M zFr¨n `¨N¤` o¦i©i o¤dici ¥ A ¦ .EdEq¨p§w q¨p§w K¤q¤p o¦i©i§A .o¨p¨gFi i¦A¦x m¥W§a Ed¨A©` i¦A¦x x©n¨c§M .`¨zi¦p§z©n `i¦d Halakhah 1: “If somebody hires a worker,” etc. Does he not give him his wages? Rebbi Abbahu in the name of Rebbi Johanan: They fined him a fine3. 4It was stated5: “The wages of donkey drivers, carriers, and all those working with Sabbatical produce are sabbatical.6” Rebbi Ze`ira said, this baraita deals with permitted produce. And what Rebbi Johanan taught those of the House of Rebbi Yannai that they should not accept in their hands7 wine as wages but money, he taught them following Rebbi Jehudah and Rebbi Nehemiah8. Rebbi Ilai said, this baraita deals with idolatrous produce9. As HALAKHAH 1 439 Rebbi Abbahu said in the name of Rebbi Johanan, in matters of libation wine they fined him a fine. 3 A customary restriction without both Ševi`it mss. There is no question why justification in law. one should be paid in wine for using an 4 This paragraph is a shortened and olive press. somewhat corrupt copy of one in Ševi`it 8:6, 8 Who in Ševi`it (8:4 Note 69, Tosephta Notes 94-98. 6:21) forbid to pay for anything, even for 5 Babli 62a, Tosephta Ševi`it 6:26. food, with sabbatical produce. 6 They should only be used to buy 9 This reading is quite impossible; Sabbatical produce to be eaten, not idolatrous produce does not exist. In Ševi`it: processed. “forbidden produce”, stored sabbatical 7 While the paragraph in general looks produce at a time when wild animals no like a bad copy of the one in Ševi`it, the longer can find produce on the fields, which reading odicia “in their hands” is superior to has to be consumed immediately. the reading odica “of their olive presses” of .Fx¨k§U¦A r©w§x©w Fl o©z¨p .Fx¨k§U i¥c§M c©r Fzi¦a¨g§a Fq§pFw Y©§ ` zi¦a¨g§A zi¦a¨g FOr ¦ s¥YiM ¦ (44c line 56) .xn¨ ©` Y©§` x¨z¨`Îl¨k§A .Fx¨k§U¦a d¨n¥d§a Fl o©z¨p .xq¡ ©`¤p `¨k¨e .xq¡ ©`¤p r©w§x©w oi¥` .x©n¨` Y©§` x¨z¨`Îl¨k§A i¥c§M c©r `¨N¤` xEq¨` lŸM©d Fx¨k§U¦A lŸM©d Fl o©z¨p .xq¡ ©`¤p `¨k¨e .x©q¡`¤p mi¦I©g gEx© FAwW¥I¤W x¨a¨C oi¥` .Fx¨k§U i¥c§M c©r ei¨q¨k§P¦n FpM§ § W©n§n Y©§` d¨`¨p£d z©aFha § FOr ¦ d¤UFr d¨i¨d .Fx¨k§U d¤f i¥` c¨g¤` K¤x¤¤k§A i¦pi¥W§e oi¦lEg x¥kFn d¨i¨d .x¥zid§ ¥A mFi iv£ ¦ g©e xEQi`§ ¦ A mFi iv£ ¦ g FOr ¦ d¤UFr d¨i¨d o¦i©i `i¦a¨d§l l¥rFRd © z¤` x¥kFVd © .`¨c¨d o¦n D¨pir§ ¦ O§W¦p .o¥k `¨k¨d§e .d¤U£r©i i¦pi¥W§e .d¤U£r©i oi¦lEg d¤v§x¦I¤W d¤lFg©l o¦i©i .Fl xn¨ ©` m¦` l¨a£` .Fl o¥Yi¦l a¨iig © oi¥` e`¨l m¦`§e .Fl o¥Yi¦l a¨iig © Fl `ia¥ ¦ d m¦` .d¤lFg©l ei¨l§b©x i¥n§C .Fl o¥Yi¦l a¨iig © `i¦a¥d `Ÿl oi¥a `i¦a¥d oi¥A .i¦pFlR § mFw¨O¦n d¤lFg©l gER© z§ ©e i¦pFl§R mFw¨O¦n .Fl o¥zFp ei¨l§b©x i¥n§c `Ÿl `¨k¨e .Fl ozFp ¥ .xEq¨` Fx¨k§U o¥k Elit£ ¦ ` .K¤q¤p o¦i©i§N¤W zFI¦a¨g x¥A©W¨l Fx¨k§U .i¥r¨a d¨i§n§x¦i i¦A¦x If he transported for him amphora against amphora10, you fine him in his own amphora up to the amount of his wages11. If he paid him his wages in land. Everywhere you are saying that land is not forbidden12, here it is forbidden. If he paid him his wages in an animal. Everywhere you are saying that anything breathing is not forbidden13, here it is forbidden. If he gave him anything as his wages14, is everything forbidden or only up to the amount of his wages? If he worked for him for goodwill, do you impound his property in the value of his wages? 440 AVODAH ZARAH CHAPTER FIVE If he worked for him half a day in prohibition and half a day in permission. If he was selling profane [food] and Second Tithe together, [the buyer] has the choice of treating as profane what he chooses and as Second Tithe what he chooses15. Is this the same here? Let us hear from the following16. If somebody hires a worker to bring wine to a sick person; if he delivered [the employer] has to pay him, otherwise he does not have to pay him. But if he told him, wine for a sick person from place X, an apple for a sick person from place X, whether or not he delivered he has to pay him, for he pays the wages of his feet. And here, does he not pay the wages of his feet17? Rebbi Jeremiah asked, if he hired him to break amphoras of libation wine; is it forbidden anyhow18? 10 The language is not clear and the noted. While it is necessary to “give a proposed interpretations are unfounded. It name” to the Second Tithe due for a harvest, seems that the worker is not paid as a it is not necessary bodily to separate it from worker for his time but as a contractor by the remainder of the harvest. If the farmer the piece, and is not paid in money but does not intend to bring his tithe bodily to receives an (empty) amphora. Jerusalem, he may sell it and transfer its In the entire paragraph it is equally sanctity to the money. The buyer then has possible not to read the sentences as to separate tithe from profane food but is not apodictic statements but as questions. If he restricted in his choice; cf. Introduction to is paid in land, is the land forbidden? Etc. Tractate Ma`aser Šeni. 11 That he might be forced to sell the 16 Ševi`it 8:4 Note 65. In the first case the amphora and destroy coins in the equivalent worker is hired as a contractor, in the second of his wages. as a worker who has to be paid for his time. 12 Halakhah 3:6, Note 125. 17 There is no reason to impound the 13 Halakhah 3:6, Note 140. wages for the time he worked in a permitted 14 Which clearly is worth more than the way. amount due for his wages. 18 In the Babli 63b the question was asked 15 This statement is not found in any by Amoraim of the second generation and parallel source but no opposing opinion is answered in the negative. .xn¨ ©` o¨z¨pFi i¦A¦x .iFB c©i§a d¨x¨f d¨cFa£r i¥n§C .xEq¨` iFB c©i§A K¤q¤p o¦i©i i¥n§C .x©n¨` i¦Q©` (44c line 70) `¨zi¦p§z©n .oic§l ¥ d¨r§ii©q§n `¨zi¦p§z©nE oic§l ¥ d¨r§ii©q§n `¨zi¦p§z©n .xEq¨` .x©n¨` o¨p¨gFi i¦A¦x .x¨YEn K¤q¤p o¦i©i xFM§n¤`¤W c©r o¥Y§n©d .Fl xn`Ÿi © `Ÿl .l`¨ ¥x§U¦i§l zFr¨n a¨iig © d¨i¨d¤W iFB .o¨p¨gFi i¦A¦x§l d¨r§ii©q§n HALAKHAH 1 441 iFB .o¨z¨pFi i¦A¦x§l d¨r§ii©q§n `¨zi¦p§z©n .si¦l¡g¤d `¨O¤W .x¥nF` i¥p£` .K¨l o¤z¤`¨e d¨x¨f d¨cFa£r xFMn¤ § `¤W c©r zir§ ¦ x©n i¥p§R¦n .Fl ozFp ¥ e § d¨x¨f d¨cFa£r .Fl ozFp ¥ e § j¤q¤p o¦i©i x¥kFn d¤f i¥x£d l¥`¨x§U¦i§l zFr¨n a¨iig © d¨i¨d¤W .oi¦i©r¨d i¦A¦x z¤wFl£g©n .d¨pi¦p£g i¦A¦x x©n¨` .Ed¨n oi¦Ri¦l£g i¥Ri¦l£g .zFxEq£`¤W oi¦Ri¦l£g©A oi¦cFn lŸM©d o¤A x¨f§r«¨l iA¦ ¦ x .x¨YEn .ix§ ¥n«¨` o¦p¨A©x§e .xEq¨` .x©n¨` i¥qFi i¦A¦xi¥A l`¥r¨n§W¦i i¦A¦x .o¦p¨A©x§e l`¥r¨n§W¦i i`n © .EdFn¨k d¤f i¥x£d EPO¦ ¤ n Fn§ii©w§l lFk¨i Y©§ `¤WÎl¨M .EdFn¨M m¤x†¥g zi¬¦i¨¨ d§e o¦p¨A©x§C oFn£r©H .d¨i§r©WFd d¨nE`§ †n L§²c«¨i§A w¯©A§c¦iÎ`«Ÿle § m¥W l©r m¦n¨r§R 'a EdFn¨M EdFn¨M .oEA iA¦ ¦ xi¥A i¥qFi i¦A¦x x©n¨` .oFc§k .m¤x®¥g©dÎon ¦ Assi said, the proceeds of libation wine in the hands of a Gentile are prohibited19.
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