Bava Metzia - Daf 83
- Rabbah bar bar Chanan and the porters who broke his barrel
Porters once broke Rabbah bar bar Chanan’s barrel of wine. He seized their cloaks as payment, but Rav told him to return them. When Rabbah asked if this is the halachah, Rav responded: Yes, because the passuk says: למען תלך בדרך טובים – so that you go on the path of good people, i.e., to act לפנים משורת הדין. After he returned their cloaks, they told Rav that they were poor people who worked all day and had nothing to eat. Rav instructed Rabbah bar bar Chanan to pay them their fee, and Rabbah asked if this is the halachah. Rav responded: Yes, because that passuk continues: וארחות צדיקים תשמר – and keep the ways of the righteous.
- Day laborers hired without stipulating terms, or with a commitment to feed them
The seventh Perek begins: השוכר את הפועלים – if one hires day laborers, ואמר להם להשכים ולהעריב – and later tells them to arise early for work and stay until dark, if workers in that place are not accustomed to doing so, he cannot force them. The Gemara explains this is even if he is paying them extra.
If the local custom is to feed workers, or even provide them with relish, he must follow the custom, as the Mishnah says: הכל כמנהג המדינה – everything follows the local custom. The Mishnah relates that Rebbe Yochanan ben Masya’s son once hired workers for him and committed to provide them food. Rebbe Yochanan told his son: אפילו אם אתה עושה להם כסעודת שלמה בשעתו – even if you will prepare a feast for them like Shlomo in his time, you will not have fulfilled your obligation, because they are descendants of Avrohom, Yitzchok, and Yaakov, and the meals served by Avrohom were even more elaborate than Shlomo’s, as the Gemara will explain. He instructed his son to tell them, before they begin work, that they are only entitled to bread and beans. Rabban Shimon ben Gamliel said this stipulation was unnecessary, because all laws follow the local custom.
- Rebbe Elazar the son of Rebbe Shimon’s role as officer to arrest thieves
Rebbe Elazar the son of Rebbe Shimon once met an officer of the king charged with finding and arresting thieves, who would be killed. When the officer admitted he had no system for identifying thieves, and might be arresting innocent people, Rebbe Elazar told him to enter a diner in the morning and see if there is anyone dozing while drinking wine. He should inquire after him, and if there is no other explanation for his exhaustion (e.g., a Torah scholar who wakes up early to learn, or someone who begins work early), arrest him as a thief who steals at night. The palace heard about his advice, and appointed Rebbe Elazar himself as the officer, and he began to arrest thieves. Rebbe Yehoshua ben Korchah rebuked him sharply for handing over Hashem’s people for execution, and Rebbe Elazar responded: קוצים אני מכלה מן הכרם – I am clearing thorns from the vineyard, i.e., Jewish thieves. Rebbe Yehoshua countered: יבא בעל הכרם ויכלה את קוציו – Let the Master of the vineyard come and clear His thorns Himself! Once, he arrested someone who spoke to him scornfully, and after the person was killed despite Rebbe Elazar’s attempts to save him, he was told that the person had had relations with a נערה המאורסה on Yom Kippur. Although he expressed relief, he proceeded to undergo a procedure to test his innocence.
