If one hires workers and he tells them to rise early and work till late, in a place where it is not customary to do so, he may not compel them. [Even if he paid them more than other workers, he may not tell them: "I am paying you more on the understanding that you rise early and work late"; for they can tell him: "You are paying us more on the understanding that we are good workers."] Where it is customary to feed them, they are fed. Where it is customary to provide them with seasoning, they are thus provided — all according to the custom of the land. ["all" — to include places where the workers are accustomed to eat and drink in the morning in the employer's house before going out to work. If the employer tells them: "Go out first to work in the field, and I will bring you your food there," they can tell him: "No, we will eat now in the house before going out to work in the field," this being the custom of the land. The Gemara explains that the Mishnah is defective and is to be understood thus: "And if he stipulates to feed them, they receive much food." That is, since he does not have to stipulate this, it being the custom of the land to feed them, and he did stipulate it, the intent is that they are to be fed more than the customary fare. And] once, R. Yochanan b. Mattia said to his son: "Go and hire workers for us." He went and stipulated that they would be fed; and when he came to his father, he said to him: "My son, even if you made for them a meal like that of King Solomon in his time [(i.e., in the time of his reign, for he was both king and non-king)], you would not fulfill your obligation towards them, for they are the children of Abraham, Isaac, and Jacob. [And the meal of Abraham was larger than that of Solomon. That of Abraham — three bullocks for three men. That of Solomon — (I Kings 4:20): "Judah and Israel, numerous, as the sands on the shore of the sea."] But go and tell them before they start working, [there being only "words" at this point; for once they start working you cannot retract]: 'On condition that you have no claim upon me but for a loaf and pulse alone.'" R. Shimon b. Gamliel says: There was no need to say this, for it is "all according to the custom of the land."
Bartenura on Mishnah Bava Metzia
השוכר את הפועלים. אינו ראשי לכופן – and even though he increase their wages from other works, he can say to them: “this that I have increased your wages, with the knowledge that you will rise up earlier [to work] and stay later for me, for they can say to him: “this that you have increased for us [our wages] is with the knowledge that we provide for you outstanding/better labor.” (see Bava Metzia 83a).
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English Explanation of Mishnah Bava Metzia
Introduction
The first mishnah of chapter seven deals with the obligation to follow local customs in employee/employer practices.
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Bartenura on Mishnah Bava Metzia
במתיקה – for their bread
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English Explanation of Mishnah Bava Metzia
If one hired laborers and told them to work early or to work late, he has no right to compel them to do so where the custom is not to work early or not to work late. In the scenario in this section the employer hired laborers and then later told them that he expected them to either arrive early or to stay late. The mishnah teaches that in a place where workers do not customarily arrive early or stay late, he has no right to do so. Since he made his original agreement without telling them of any unusual conditions, he must follow local custom.
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Bartenura on Mishnah Bava Metzia
הכל כמנהג המדינה – everything which includes the places where workers customarily eat and drink in the morning in the house of the owner before they go out to work. For if the owner had said to them – go early to your work in the field and I will bring to you your food there, they would say to him, “no,” but rather now let is eat in the house prior to our going out to the field, according to the custom of the province.
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English Explanation of Mishnah Bava Metzia
In a place where the custom is to give them their food he should give it to them, and where the custom is to provide them with sweet food, he must give it to them. Everything should follow local custom. Similarly, the mishnah teaches that in a place where the employer customarily provides food for the employee he must do so, even if he doesn’t specifically promise to do so. If the custom is to provide sweet food then he must do so as well. On the other hand, if the local custom is not for the employer to provide the food or sweet food he is not obligated to do so. We will learn more about employers’ obligations to feed their employees in the coming mishnayoth of this chapter.
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Bartenura on Mishnah Bava Metzia
מעשה ברבי יוחנן בן מתיא – In the Gemara (Bava Metzia 86a-b): The Mishnah is deficient and should be read as follows: If he stipulated to provide them food, he thereby increases his hood to them, that is to say, since it was not necessary to teach this since it was the custom of the province that they would eat, and it was taught explicitly to give them food, more food was mentioned. And there is the story of Rabbi Yohanan etc [as specified in the Mishnah proper].
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English Explanation of Mishnah Bava Metzia
It once happened that Rabbi Yochanan ben Mattia said to his son: “Go and hire laborers for us”. He went and struck a deal to provide them with food. When he came to his father, his father said to him, “My son, even if you make them a banquet like Solomon’s in his time you will not have fulfilled your obligation to them. For they are sons of Abraham, Isaac and Jacob. But, rather, before they begin to work go and say to them, “On condition that I am not bound to give you more than bread and beans only.” Rabban Shimon ben Gamaliel says: “It was not necessary to speak thus, for everything should follow local use.” This section contains an interesting story of a father and his son. The son goes out and hires workers at his father’s request and tells them that he will provide their food. When he returns to his father his father fears that such a condition could potentially be interpreted to mean that he will provide them with a feast worthy of King Solomon. His father instructs the son to return and clarify to the workers that they are being hired under the condition that they will receive food but that the food will be minimal, consisting of only beans and bread. Rabban Shimon ben Gamaliel states that such a stipulation was not necessary. According to Rabban Shimon ben Gamaliel in a case where the quantity of food was not clarified, the employees can only claim that which is customarily given to workers in their area. Since custom does not dictate that an employer provide his employees with food worthy of King Solomon he need not do so. Evidently the father had assumed that in a case where the employer had not made any limitation with regards to the amount of food to be provided to the employees, his promise could be interpreted in favor of the employees.
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Bartenura on Mishnah Bava Metzia
בשעתו – at the time of his kingdom, when he was a king and a commoner.
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English Explanation of Mishnah Bava Metzia
Questions for Further Thought: • What is the significance of the line, “For they are sons of Abraham, Isaac and Jacob” mean?
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Bartenura on Mishnah Bava Metzia
שהם בני אברהם יצחק ויעקב – and the meal of Abraham was larger than that of Solomon, for Abraham had three cows for three people (the “people” were the angels, described in the story of Genesis, chapter 18, when Abraham rose up while recovering from his circumcision to welcome his “guests.”). And at the meal of Solomon, Judah and Israel were large like the sands that were on the sea shorte.
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Bartenura on Mishnah Bava Metzia
עד שלא יתחילו במלאכה – there is nothing here other than words, for once they had begun, they cannot return.
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Bartenura on Mishnah Bava Metzia
רבן שמעון בן גמליאל אומר וכו' – And the Halakha is according to Rabban Shimon ben Gamaliel.
