Study Bava Metzia folio 92B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
הרי זה אוכל ופטור מן המעשר. ״על מנת שאוכל אני ובני״, או ״שיאכל בני בשכרי״ – הוא אוכל ופטור, ובנו אוכל וחייב.
this laborer may eat and is exempt from separating tithe. Since the Torah granted him permission to eat, he may do so while he is working without separating tithes, as is the case with regard to gifts due to the poor. But if the laborer stipulated: On the condition that I and my sons may eat, or that my son may eat for my wages, he himself may eat and is exempt from separating tithes, as he is permitted to eat by Torah law, and his son may eat but is obligated to separate tithes.
ואי אמרת משלו הוא אוכל, בנו אמאי חייב? אמר רבינא: משום דמיחזי כמקח.
And if you say he eats from his own property, why is his son obligated? A son may eat from his father’s table without rendering the food subject to tithes. Ravina said: The reason is because it looks like a sale. Although the produce belongs to the laborer by Torah law, when he makes a deal involving his son it has the appearance of a transaction. Therefore, he must separate tithes to avoid any misunderstanding on the part of observers.
תא שמע: השוכר את הפועל לעשות בנטע רבעי שלו – הרי אלו לא יאכלו. ואם לא הודיעם – פודה ומאכילן.
The Talmud cites yet another relevant source: Come and hear a proof from a Mishnah (93a): In the case of one who hires a laborer to perform labor with his 4th-year produce, such laborers may not eat the fruit, as all fruit of the 4th year of a tree must be taken and consumed in Jerusalem. And if he did not inform them beforehand that they were working with 4th-year produce, they are considered to have been hired under false pretenses. Consequently, he must redeem the fruit and feed them.