His Father Gave The Ring
‘What About A Worker Toasting The Produce And Eating?’
(Bava Metzia 89a)
A baraisa (infra 87b) teaches that a worker may snack on produce he is hired to harvest. This rule is derived from Devarim 23:25: “Ki savo b’kerem re’echa ve’achalta anavim k’nafshecha sav’echa ve’el kel’yecha lo siten – When you come into the vineyard of your fellow, you may eat grapes as you desire, to your fill, but you may not put them into your vessel.”
The baraisa explains that while the worker may eat what he is harvesting, he may not eat the produce with something else added to enhance his appetite, lest that cause him to eat even more.
The Gemara asks: What about enhancing the produce, not by adding anything to it (e.g., sugar or salt), but by toasting it over a fire? Though nothing has been added, the food becomes more appetizing with the result that the worker will be enticed to consume more than he otherwise would.
Although the Gemara doesn’t resolve this question, the Rambam (Hilchos Sechirus 12:10) rules stringently that a worker harvesting grapes may not have his children or wife toast the produce for him. The Maggid Mishneh explains that since the Gemara leaves the matter unresolved, the Rambam rules stringently because of the rule of “Hamotzi me’chavero alav l’havi ra’agah – The burden of proof is on the one who seeks payment from his fellow” (Bava Kamma 35a).
A Guest’s Food
Rashi (to the Gemara infra 92a s.v. “l’dideh”) explains that a worker only acquires produce he is working with after he takes hold of it to eat; beforehand he does not legally own it or have any rights to it.
The Minchas Chinuch (mitzvah 576) infers from Rashi’s words that once the worker takes hold of the produce, it is his to do with as he pleases. He may even give it to others. Tosafos (92a s.v. “iy amret”) disagrees and explains that Scripture only permits a worker that which he puts in his mouth to eat.
Marry Me!
The Ri’az (in his glosses to the Rif at the end of Perek Ish Mekadesh in Kiddushin) states that if a guest takes the portion of food served to him by his host and gives it to a woman to effect betrothal, the betrothal is valid. Although kiddushin may only be effected with one’s own money or items of value, the Ri’az assumes that the host has no objection to his guests using their portions of food in any manner they desire. The Maharit (vol. I:150) disagrees and questions the validity of the kiddushin. The Rema (Even HaEzer 28:17) rules that a guest may take his portion of food and betroth a woman with it.
A Son At His Father’s Table
The gaon Rabbi Moshe Sternbuch was asked (Responsa Teshuvot v’Hanhagot, vol. 3:640) whether a yeshiva bachur may effect betrothal with a ring given to him by his father. He argues that it would be best if the father gifts the ring to his son and tells him, “I am giving this to you to do with as you please.” He notes that parents generally do not make this statement, but he argues that this intention is generally understood by both parties to be present, even if it is unsaid.