Avodah Zarah, Daf Samekh Gimmel, Part 3

 

Introduction

Today s section goes all the way back to the practice of the people of the House of Yannai towards the end of daf 62. The entire discussion about the prostitute s pay was one long digression.

The Talmud there states:

 

Those of the house of R. Yannai used to borrow Sabbatical year produce from the poor and repay them in the eighth year.

When this was reported to R. Yohanan, he said to them, They are acting correctly.

 

R. Sheshet raises a difficulty on this practice.

 

מתיב רב ששת אומר אדם לחמריו ולפועליו לכו ואכלו בדינר זה צאו ושתו בדינר זה ואינו חושש

לא משום שביעית ולא משום מעשר ולא משום יין נסך

 

R. Sheshet raised an objection: One can say to his donkey-drivers or workmen, Go and eat for this dinar, go out and drink for this dinar, and he need not be concerned

[about their eating and drinking the produce of] the Sabbatical year or tithe or yayin nesekh.

 

The employer here is not paying his employees; he is feeding them while they are working for him. Nevertheless, he does not need to be concerned that they will use this money to buy prohibited food or drink. Once they buy food products, the products are theirs, not his, and they are transgressing, not he.

ואם אמר להם צאו ואכלו ואני פורע צאו ושתו ואני פורע חושש משום שביעית ומשום מעשר ומשום יין נסך

אלמא כי קא פרע דמי איסור קא פרע הכא נמי כי קא פרע דמי איסורא קא פרע

 

But if he said to them, Go out and eat and I will pay you back, go out and drink and I will pay you back, he must be concerned [about their eating and drinking the produce of] the Sabbatical year or tithe or yayin nesek. Thus when he pays them back, he pays back he is paying for prohibited produce, and similarly in the case [of the House of R. Yannai] when they made repayment they did so for something that was prohibited!

 

However, if he first tells them to eat or drink and then pays them back, he is paying for forbidden produce which is prohibited. The same should be true with regard to the House of R. Yannai when they pay back the poor, they are paying back for forbidden produce.

Stay tuned for tomorrow s exciting resolution.