Commentary for Maasrot 3:1

המעביר תאנים – on the path of his courtyard, to bring them to a place where they do the fig-harvest.

Introduction This mishnah continues to deal with when workers can eat their employer’s produce without first tithing it.

אוכלין ופטורין – since the courtyard does not establish [as liable for] tithing, for its work had not been completed. But he is forbidden to eat other than in the place where they do the fig-harvest/fig-packing, because in his place, it is recognized that the work had not been completed and when he is not in his place, it is not recognized. But his children are permitted [to eat] even in the place where they don’t do the fig-harvest, for it is not dependent upon them to change their mind, and since the knowledge of their father is to make of them a fig-harvest/fig-packing, they are permitted [to eat], but he who is in his hand to change his mind is not permitted [to eat] other than in the place where they make the fig-harvest/fig-packing.

One who was taking figs through his courtyard to be dried, his children and the other members of his household may eat [of them] and they are exempt [from tithes]. Once the processing of fruit has been completed and one brings the produce into one’s courtyard, one can no longer eat the produce without first tithing it. In the case in this section, the processing of the figs was not yet complete because he was on his way to dry them. Therefore, he and the rest of the members of his family can continue to eat the figs before they are dried without having to first tithe them.

אבל אם יש להם עליו מזונות – that he cut for them, and they don’t eat from the laws of the Torah, since that it is not the completion of the work, for he did not hire them other than to transfer them to the place where they perform the fig-harvest/fig-packing.

The workers [who work] with him may eat and be exempt so long as he is not obliged to provide for them. If however, he is obligated to provide for them they may not eat. The workers here are those who work for the owner of the figs, but don’t work with the figs. The Torah does not mandate that they be allowed to eat the figs, because the Torah mandates only that a worker can eat from the type of produce with which he is working, as we learned in yesterday’s mishnah. Since these worker’s don’t eat because of the Torah’s mandate, they can eat the figs only if they are receiving them as a gift from the owner, and not as part of their wages. If he has no obligation to feed them, meaning this was not part of their contract, then he has given them the figs as a gift, and they are exempt from tithes. If, however, he was obligated to feed them, then the figs are treated as if they are wages. As we learned in the previous chapter, when produce is involved in a financial transaction it becomes obligated for tithes. Therefore, these workers must tithe before they can eat the figs.

הרי אלו לא יאכלו – for it is a transaction, and concerning the purchaser, it is considered like the work had been completed, for the eyes of the purchaser are upon his purchase.