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Bava Metzia Chart #17 (see also Hebrew Charts)
| (A) IF HE PROVIDES THEM WITH FOOD |
(B) IF HE DOES NOT PROVIDE THEM WITH FOOD |
||
|---|---|---|---|
| 1) | HIS ADULT CHILDREN | Yes | Yes(2) |
| 2) | HIS MINOR CHILDREN | No(3) | No |
| 3) | HIS ADULT SERVANTS | Yes | Yes(2) |
| 4) | HIS MINOR SERVANTS (if it is permitted for a slave's master to withhold his food) |
mi'Shelo(4): Yes**(5) mi'Shel Shamayim: No* |
mi'Shelo(4): Yes** mi'Shel Shamayim: No* |
| 5) | HIS MINOR SERVANTS (if it is not permitted for a slave's master to withhold his food) |
mi'Shelo(4): Yes** mi'Shel Shamayim: No |
No* |
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FOOTNOTES:
==========
(1) "Kotzetz" refers to stipulating with the employer that he will receive
money in place of what [he or] his son or servant by right is permitted to
eat from the fruits in the field while working.
(2) The reason why he may stipulate that the employer give him money instead
of letting his adult children, or adult servants, eat from the fruit of the
field is that since they are adults, they have the intellectual maturity to
forego their rights to the fruit.
(3) The reason why he may not stipulate that he receive money instead of
letting them eat is because the Torah does not give him the right to cause
them bodily distress (by withholding food from them), as the Gemara (93a)
concludes (see Rashi DH Mar Savar). However, the Gemara initially thought
that, if "mi'Shelo Hu Ochel" (see below, footnote 4), as long as he provides
them with other food he *may* stipulate that the employer give him money
instead of letting them eat while they work. (This might also be true
according to the Gemara's conclusion, according to the opinion that holds
that a slave's master is permitted to withhold food from the slave. See
Maharsha to Tosfos 93a, DH Ela.)
(4) The Gemara questions whether the fruit that a laborer is entitled to eat
while he is working belongs to him as a monetary right ("mi'Shelo Hu
Ochel"), or whether it does not belong to him but the Torah gives him
permission to eat it ("mi'Shel Shamayim Hu Ochel").
(5) See Tosfos 93a, DH Ela, and Maharsha.
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