In this lesson, we will continue with the topic we began with - the right of a worker to eat from the produce he is working with during his work. Before us is Mishnah 5 in the seventh chapter of Tractate Bava Metzia.
The text of the Mishnah:
"Ochel poel kishut afilu bedinar vekoseves afilu bedinar" - a worker working with cucumbers, dates, or any other produce, may eat as he wishes, even if the total value of what he eats reaches a dinar.
A dinar is a significant amount: a dinar is equal to a zuz, and two hundred zuz is the amount a person needs for his livelihood for an entire year - food, shelter, clothing, and everything else. It turns out that a dinar is about one-twentieth of this amount, and certainly more than a single day's wage. Nevertheless, the Torah establishes that there is no limit: even if the worker receives his wages, and in addition eats the equivalent of a full dinar - he is permitted to do so.
The view of Rabbi Elazar Chisma:
Rabbi Elazar Chisma disagrees and sets a limit: "Lo yochel poel yoser al secharo" - the amount he may eat is limited to the amount of his wage. If his wage is ten per day, he may only eat up to the value of ten from the produce he is working with.
An important point must be clarified: the meaning is not that the cost of the wage combined with the eating would exceed the benefit the worker brings to his employer. The question of the employment's profitability is not discussed here at all, and there is no practical difference whether the combination is profitable for the employer or not. The restriction is one that, on the surface, lacks a logical rationale: the amount he eats is set so that it does not exceed the monetary portion of his wage.
The source of the law in the derivation from the verse:
From where does Rabbi Elazar Chisma derive this limitation? Its source is in a derivation from the verse. The Torah formulates the worker's right to eat using two expressions that appear contradictory: "Ve'achalta anavim kenafshecha sove'acha" - "kenafshecha" means as you wish, as much as you desire; "sove'acha" means until satiated and satisfied. What does each of these expressions come to teach?
The word "kenafshecha" has two possible meanings:
Nefesh as desire: In a person, the 'nefesh' defines the will and desire, and therefore "kenafshecha" means to your heart's desire.
Nefesh as life: A person's 'nefesh' is his life, and thus the word refers to his work and his livelihood. A person gives his life in his labor, and sometimes even physically endangers his life; there is an exchange here - he hands over a portion of his life, and potentially even all of it, in order to earn his livelihood.
Rabbi Elazar Chisma expounds the verse according to the second meaning: "kenafshecha" - according to the measure of your work. Just as the worker's basic wage stands at a certain amount, so too the amount he may eat is limited to produce equivalent to the value of that amount.
The Rejection of the Chachamim:
The Tanna Kamma and the Chachamim alike reject this exposition based on the continuation of the verse: "sovecha" - until he is full and satisfied. The verse teaches that a worker may eat as much as he wants when he is hungry. How is it possible that a hungry Jew would work with food, and not be allowed to eat from it? Even an animal eats from what it is working with when it is hungry. Therefore, the worker may eat his fill, until he is satisfied.
The View of the Chachamim: "Melamedin es ha'adam shelo yehei ravesan" - we teach a person not to be a glutton:
The Chachamim agree with the Tanna Kamma regarding the core law: strictly speaking, a worker may eat as much as he wants when he is hungry, and this is the spirit of the Torah - the Torah does not restrict a hungry person who is working with food. However, despite this, we teach a person not to be a glutton.
Anyone who sees a worker acting foolishly and eating enormous quantities during his work - his rabbis, teachers, friends, and senior colleagues - does him a favor by pointing out his mistake, for by doing this he is closing the door on himself. Today he will be full, but tomorrow he will go hungry, as he is single-handedly locking the door to his own livelihood: employers who hear about his excessive eating will say that this worker is too expensive and will not hire him, and without employment he will not be able to support himself. The Torah wants a person to be able to earn a living, and therefore, even though it is legally permitted, it is not recommended, and we teach a person not to act this way. This is the halachah.
The View of the Tanna Kamma:
The Tanna Kamma holds that it is not at all appropriate to tell a person to limit how much he eats. The explanation for this is: if the Torah's approach is that a hungry person working with food does not have to refrain from eating, then this is his absolute right, and he is entitled to make his own decision and rely on his trust in Hashem, come what may. It is improper to tell a person to refrain from eating when he is genuinely hungry.
In summary: The Mishnah presents three views regarding the amount a worker may eat - the Tanna Kamma, who permits it without any restriction; Rabbi Elazar Chisma, who limits the eating to the value of his wages based on the exposition of the word "k'nafshecha"; and the Chachamim, who permit it according to the strict law but teach a person not to be a glutton. The halachah follows the Chachamim: in practice, we enlighten the worker that although his right to eat is preserved, it is better for him to limit his eating for the sake of his long-term livelihood.