Avodah Zarah, Daf Samekh Bet, Part 2

 

Introduction

The Talmud tries to determine why wages earned from working with yayin nesekh are prohibited.

 

גמ׳ מ"ט שכרו אסור אילימא הואיל ויין נסך אסור בהנאה שכרו נמי אסור הרי ערלה וכלאי הכרם דאסורין בהנאה ותנן מכרן וקידש בדמיהן מקודשת

 

GEMARA. Why are his wages prohibited? If I say that since yayin nesekh is prohibited for use of any kind and therefore his wage are also prohibited, behold orlah and the mixed plantings in a vineyard are prohibited for use of any kind and yet we have learned: If he sold them and with the proceeds betrothed a wife she is betrothed!

 

It is forbidden to derive any benefit from yayin nesekh. We might have thought that since this is so, wages derived from it are also prohibited. But this is not true with regard to other substances from which one cannot derive benefit, such as orlah (produce during its first three years) and seeds planted in a vineyard. While it is prohibited to derive benefit from such produce, if one did use it to betroth a woman, she is betrothed. This implies that there is value to these things even though they are prohibited.

 

אלא הואיל ותופס את דמיו כעבודת כוכבים והרי שביעית דתופס’ את דמיה ותנן האומר לפועל הילך דינר זה לקוט לי בו ירק היום שכרו אסור לקוט לי ירק היום שכרו מותר

 

Rather, [should I say that the reason is] because the proceeds [gained through yayin nesekh] are like idolatrous objects, behold Sabbatical year produce which affects the money [obtained from its sale] and yet we have learned: If one said to a laborer [in the Sabbatical year], Here is a dinar and for it gather vegetables for me today, his wage is prohibited; [but if he said,] Gather vegetables for me today, his wage is permitted!

 

The second possibility for why the wages are prohibited is that the prohibited nature of yayin nesekh is transferred to the proceeds from its sale. So when the worker is paid for working with yayin nesekh, it would be as if he is selling yayin nesekh. The problem is that this is not true with regard to Sabbatical year produce. If such produce is sold, the proceeds have the same status as the produce itself. Nevertheless, if one tells a worker to go work in a field during the Sabbatical year, his wages are permitted as long as he does not specifically state here is a dinar Thus the fact that the proceeds of the sale of a forbidden object become forbidden does not mean that wages earned working with that object are also prohibited.

 

א"ר אבהו א"ר יוחנן קנס הוא שקנסו חכמים בחמרין וביין נסך

 

R. Abahu said in the name of R. Yohanan: It is a penalty which the Sages imposed upon donkey-drivers and in connection with yayin nesekh.

 

R. Yohanan says that there is no purely technical rationale behind the mishnah s law. Rather it is simply a penalty the rabbis meted out for those who work in the production of yayin nesekh. R. Yohanan also mentions a penalty for donkey drivers. Tomorrow s section will clarify what this refers to.