POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Avodah Zarah 62
***** PEREK HA'SOCHER ES HA'PO'EL ****
1) WAGES FOR WORKING WITH "YAYIN NESECH"
(a) (Mishnah): If a Nochri hired a Yisrael to work with Yayin
Nesech, the wages are forbidden;
1. If he hired him for different work, even if he asked
him to transport a barrel of Yayin Nesech, the wages
(b) If a Nochri rented a Yisrael's donkey to carry Yayin
Nesech, the wages are forbidden;
1. If he rented it to ride on, even if he puts his wine
pouch on it, the rental is permitted.
(c) (Gemara) Question: Why are the wages forbidden?
(d) Answer #1: Because it is forbidden to benefit from Yayin
Nesech, also the wages are forbidden.
(e) Rejection: It is forbidden to benefit from Orlah and
Kilai ha'Kerem, yet we do not forbid all benefit from
1. (Mishnah): If one sold Isurei ha'Na'ah (e.g. Orlah
or Kilai ha'Kerem) and was Mekadesh a woman with the
money, she is Mekudeshes.
(f) Answer #2: Because Yayin Nesech transfers its prohibition
to whatever it is exchanged for, also the wages are
(g) Rejection: Shemitah transfers its prohibition, but wages
1. (Mishnah): If Reuven told a worker (Shimon) 'Here is
a Dinar, gather its value of Shemitah produce for
me', the money is forbidden (like Shemitah, it is as
if Shimon gathers fruit to sell it);
(h) Answer #3 (R. Avahu): Chachamim made fines to forbid
wages of donkey-drivers and Yayin Nesech.
2. If he told him 'Here is a Dinar, gather Shemitah
produce for me', it is permitted (Shimon merely
works for Reuven).
(i) Question: What is the fine about donkey-drivers?
(j) Answer (Beraisa): If donkey-drivers were working with
Shemitah produce, their wages are Shemitah.
(k) Question: What does it mean 'their wages are Shemitah'?
(l) Answer #1: The employer pays them with Shemitah produce.
(m) Rejection: One may not pay a debt with Shemitah produce,
it is "Le'achlah", not for business!
(n) Answer #2: Rather, their wages have Kedushah of Shemitah
(o) Rejection (Mishnah): If Reuven told a worker 'Here is a
Dinar, gather its value of Shemitah produce for me', the
money is forbidden;
1. If he told him 'Here is a Dinar, gather Shemitah
produce for me', it is permitted.
(p) Defense of Answer #1 (Abaye): Really, he pays them with
1. He gives in the permitted way (like a gift).
2. (Mishnah): Levi may not tell Yehudah 'Take this
Ma'aser Sheni to Yerushalayim, we will divide it
there' (this is like paying his labor with Ma'aser
2) DISPOSING OF FORBIDDEN WAGES
(q) Defense of Answer #2 (Rava): Really, their wages have
Kedushah of Shemitah;
i. He may say 'Take it to Yerushalayim, we will
eat it there'; he gives it like a gift.
1. A regular worker's wages (for picking Shemitah
produce) are permitted, Chachamim only decreed about
wages of donkey-drivers, which are great.
2. We are stringent regarding Yayin Nesech to forbid
even a regular worker's wages.
(a) Question: If a worker was hired to work with wine of a
Nochri (we do not know whether or not he was Menasheh
it), are the wages permitted?
3) A DELAYED EXCHANGE
1. Since we forbid benefit from Nochri wine, like Yayin
Nesech, we also forbid its wages;
(b) Answer: We learn from the following:
2. Or, since it is not Tamei like Yayin Nesech, we do
not forbid its wages?
1. A Nochri rented Reuven's boat to transport wine, he
paid with wheat.
2. Rav Chisda: You must burn the wheat and bury it in a
3. Question: Why can't he scatter it?
4. Answer: People will come to gather it and benefit
from it, this is forbidden.
5. Question: Why can't he burn it and scatter it?
6. Answer: People will use it for fertilizer.
7. Question: Why can't he bury it intact?
i. (Beraisa): The following are buried with the
executed person: the rock used to kill him, the
wood he was hung from, the sword he was killed
with, the cloth he was choked with.
8. Answer: Those are buried in a cemetery of Beis Din,
people realize that they (were used for execution
and) are forbidden;
i. Here, if one finds the wheat in the ground, he
will think that a thief buried it, he will not
know that it is forbidden.
(a) R. Yanai's household would borrow Shemitah produce from
poor people, and pay them back in the eighth year; people
told this to R. Yochanan.
(b) R. Yochanan: That is proper - a similar case regarding an
Esnan (wages of a harlot) is permitted.
1. (Beraisa): If Reuven gave an Esnan to a harlot and
did not have relations with her, or he had relations
with her and did not give to her, the Esnan is
permitted (to be a Korban).
2. Objection #1: If he did not have relations with her,
it is a mere gift, obviously it is permitted!
3. Objection #2: If he did not give her anything, what
Esnan does the Tana permit?!
4. Correction: It is a mere gift, obviously it is
5. Answer: It means, if he gave an Esnan to a harlot
and later had relations with her, or he had
relations with her and later gave to her an Esnan,
it is permitted.