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1) WAGES FOR WORKING WITH "YAYIN NESECH"

(a) (Mishnah): If a Nochri hired a Yisrael to work with Yayin Nesech, the wages are forbidden;

1. If he hired him for different work, even if he asked him to transport a barrel of Yayin Nesech, the wages are permitted.

(b) If a Nochri rented a Yisrael's donkey to carry Yayin Nesech, the wages are forbidden;

1. If he rented it to ride on, even if he puts his wine pouch on it, the rental is permitted.

(c) (Gemara) Question: Why are the wages forbidden?
(d) Answer #1: Because it is forbidden to benefit from Yayin Nesech, also the wages are forbidden.
(e) Rejection: It is forbidden to benefit from Orlah and Kilai ha'Kerem, yet we do not forbid all benefit from them!

1. (Mishnah): If one sold Isurei ha'Na'ah (e.g. Orlah or Kilai ha'Kerem) and was Mekadesh a woman with the money, she is Mekudeshes.

(f) Answer #2: Because Yayin Nesech transfers its prohibition to whatever it is exchanged for, also the wages are forbidden.
(g) Rejection: Shemitah transfers its prohibition, but wages are permitted!

1. (Mishnah): If Reuven told a worker (Shimon) 'Here is a Dinar, gather its value of Shemitah produce for me', the money is forbidden (like Shemitah, it is as if Shimon gathers fruit to sell it);
2. If he told him 'Here is a Dinar, gather Shemitah produce for me', it is permitted (Shimon merely works for Reuven).

(h) Answer #3 (R. Avahu): Chachamim made fines to forbid wages of donkey-drivers and Yayin Nesech.
(i) Question: What is the fine about donkey-drivers?
(j) Answer (Beraisa): If donkey-drivers were working with Shemitah produce, their wages are Shemitah.
(k) Question: What does it mean 'their wages are Shemitah'?
(l) Answer #1: The employer pays them with Shemitah produce.
(m) Rejection: One may not pay a debt with Shemitah produce, it is "Le'achlah", not for business!
(n) Answer #2: Rather, their wages have Kedushah of Shemitah
(o) Rejection (Mishnah): If Reuven told a worker 'Here is a Dinar, gather its value of Shemitah produce for me', the money is forbidden;

1. If he told him 'Here is a Dinar, gather Shemitah produce for me', it is permitted.

(p) Defense of Answer #1 (Abaye): Really, he pays them with Shemitah produce;

1. He gives in the permitted way (like a gift).
2. (Mishnah): Levi may not tell Yehudah 'Take this Ma'aser Sheni to Yerushalayim, we will divide it there' (this is like paying his labor with Ma'aser Sheni);

i. He may say 'Take it to Yerushalayim, we will eat it there'; he gives it like a gift.

(q) Defense of Answer #2 (Rava): Really, their wages have Kedushah of Shemitah;

1. A regular worker's wages (for picking Shemitah produce) are permitted, Chachamim only decreed about wages of donkey-drivers, which are great.
2. We are stringent regarding Yayin Nesech to forbid even a regular worker's wages.

(a) Question: If a worker was hired to work with wine of a Nochri (we do not know whether or not he was Menasheh it), are the wages permitted?

1. Since we forbid benefit from Nochri wine, like Yayin Nesech, we also forbid its wages;
2. Or, since it is not Tamei like Yayin Nesech, we do not forbid its wages?

(b) Answer: We learn from the following:

1. A Nochri rented Reuven's boat to transport wine, he paid with wheat.
2. Rav Chisda: You must burn the wheat and bury it in a cemetery.
3. Question: Why can't he scatter it?
4. Answer: People will come to gather it and benefit from it, this is forbidden.
5. Question: Why can't he burn it and scatter it?
6. Answer: People will use it for fertilizer.
7. Question: Why can't he bury it intact?

i. (Beraisa): The following are buried with the executed person: the rock used to kill him, the wood he was hung from, the sword he was killed with, the cloth he was choked with.

8. Answer: Those are buried in a cemetery of Beis Din, people realize that they (were used for execution and) are forbidden;

i. Here, if one finds the wheat in the ground, he will think that a thief buried it, he will not know that it is forbidden.

(a) R. Yanai's household would borrow Shemitah produce from poor people, and pay them back in the eighth year; people told this to R. Yochanan.
(b) R. Yochanan: That is proper - a similar case regarding an Esnan (wages of a harlot) is permitted.

1. (Beraisa): If Reuven gave an Esnan to a harlot and did not have relations with her, or he had relations with her and did not give to her, the Esnan is permitted (to be a Korban).
2. Objection #1: If he did not have relations with her, it is a mere gift, obviously it is permitted!
3. Objection #2: If he did not give her anything, what Esnan does the Tana permit?!
4. Correction: It is a mere gift, obviously it is permitted!
5. Answer: It means, if he gave an Esnan to a harlot and later had relations with her, or he had relations with her and later gave to her an Esnan, it is permitted.