Misvot #576-578: An Employee’s Rights to Eat Produce as He Works in the Field

The Torah in Parashat Ki-Teseh (Debarim 23:25-26) establishes that when a worker is hired to work in an agricultural field, the employer must allow him to partake of the fruits with which he works. As long as the produce has yet to reach the point where it is subject to the various tithing obligations (Terumot and Ma’aserot), the worker is to be granted the right to eat some of the fruits. The Sefer Ha’hinuch explains that the Torah introduced this Misva in order to teach people to treat others with an “Ayin Toba” (“good eye”), generously, sharing their material blessings. If a person stingily refuses to allow his workers to eat some of the large quantity of produce which is being harvested, the Sefer Ha’hinuch writes, he is unworthy of receiving Hashem’s blessings. The Torah therefore commands the employer to allow his worker to eat some produce, so that he would earn great blessing. Torah law distinguishes in this regard between two different kinds of workers. If a worker deals with produce that has already been harvested, then he is permitted to eat some of the fruits while he works; once he finishes working, he may not eat any fruit. But if the workers are picking the produce from the ground or from the tree, then, according to Torah law, they are permitted to partake of the produce only after they have filled a basket, before proceeding to begin filling a different basket. The Rabbis, however, enacted a provision allowing the workers to eat the produce as they walk about during the harvest. This enactment was made due to the concern that the workers might spend a great deal of time eating after filling each basket, and this would waste time for which the employer is paying them to work. In order to protect the employers against wasted time, the Sages allowed the workers to eat some produce they harvest as they walk about doing their work, even before the basket is filled. A worker is entitled to eat only from the produce with which he is working. If he is involved in figs, then he may not eat grapes from the vineyard, and vice versa. If he is working in one field, he may not take produce from a different field, even of the same species. An employer who refuses to allow his worker to partake of produce to which he is entitled violates this affirmative command. In this same verse, the Torah commands, “Ve’el Kelyecha Lo Titen,” which forbids the worker from placing produce in his utensils to eat later. This is understood as introducing a prohibition forbidding the worker from taking more produce than he needs to satiate his appetite. Although the Torah requires the employer to allow the worker to eat produce if he is hungry, the worker is not entitled to take more than he requires for satiation. This prohibition applies in all times and places, and is binding upon both male and female employees. A worker who takes more produce than he requires for satiation is in violation of this command. However, he is not liable to Malkut, because he must pay the employer for what he unlawfully took, and a violator is not liable to Malkut if he can rectify the transgression by making a monetary payment. The Sefer Ha’hinuch raises the question of why the Torah would need to introduce this prohibition, as it seemingly is included in the general prohibition against theft. If the Torah allows a worker to eat only the amount he needs to satisfy his hunger, then taking additional produce would, seemingly, constitute outright theft. Why, then, did the Torah need to issue a special prohibition forbidding this? The Sefer Ha’hinuch answers that a separate prohibition was necessary because a worker is likely to justify taking extra produce. He might feel that he is not paid enough, or he might wrongly assume that his employer does not mind if he takes a little extra. For a variety of reasons, a worker might find ways to rationalize his unlawful excess. Therefore, the Torah introduced a special prohibition, in order to prevent the worker from making this mistake. Significantly, the Sefer Ha’hinuch writes that the Torah issued this prohibition for the benefit of the employee, to protect him from the temptation to steal. G-d did the worker a favor, so-to-speak, by removing a potential stumbling-block, saving him from the lure of theft. The Sefer Ha’hinuch explains on this basis the famous teaching of Rabbi Hananya Bar Akashya, “Rasa Ha’Kadosh Baruch Hu Le’zakot Et Yisrael, Lefichach Hirba Lahem Torah U’Misvot” – “The Almighty wished to bring merit to Yisrael; He therefore gave them an abundance of Torah and Misvot.” This “abundance” of laws, the Sefer Ha’hinuch suggests, refers to the laws introduced by the Torah as safeguards against other laws. G-d brings us merit by helping ensure our compliance with His Misvot, through the addition of laws which serve to protect against sin. In the next verse, the Torah adds yet another command relevant to the situation of a worker in the field: “Ve’hermesh Lo Tanif Al Kamat Re’echa” – “You shall not wave a sickle upon your fellow’s standing grain.” This means that a worker hired to harvest grain may not cut some grain for himself in the process of cutting grain for his employer. He is permitted to partake of some produce only after he finishes cutting the grain from the ground. One who transgresses this prohibition is not liable to Malkut, because, as discussed earlier, he simply repays the employer for the grain which he unlawfully took for himself, and one does not receive Malkut for a violation which can be rectified through a monetary payment.