Bava Metzia 83B

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Text Excerpt

פועל בכניסתו משלו, ביציאתו משל בעל הבית, שנאמר: ״תזרח השמש יאספון ואל מעונתם ירבצון. יצא אדם לפעלו ולעבדתו עדי ערב״.

A laborer’s entrance into the city from the field at the end of a day’s 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’s 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: “The sun rises; they slink away and couch in their dens; man goes forth to his work and to his labor until the evening” (Psalms 104:22–23). This verse indicates that people set out to work only from sunrise, but they work until the very end of the day.

וליחזי היכי נהיגי ⁠– בעיר חדשה. וניחזי מהיכא קא אתו ⁠– בנקוטאי. איבעית אימא: דאמר להו ⁠– דאגריתו לי כפועל דאורייתא.

The Talmud 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 Talmud answers: The statement of Reish Lakish is with regard to a new city, which does not yet have an accepted practice. The Talmud asks: Even so, let us see from which city the laborers originally came, and let them follow the customs of that city. The Talmud answers: This is a case of an eclectic group of laborers, who came from many different cities. The Talmud 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.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.