82 Richard S. Rheins

the fannaitic era®® as they tried to reach a balance between the workers’ rights and the concerns for the financial losses suffered by farmers. The chapter begins by establishing both the problem and a key principle that labor laws will be determined both by Torah law and minhag hamagom, the customary practice of a particular region.

If someone hired workers and told them to come early

or to stay late...in a place where it is customary not to

come early and not to stay late, he is not permitted to

force them. In a place where it is customary to feed

them, he must feed them;[in a place where it is

customary] to provide dessert, he must provide it.

Everything must be done in accordance with local

custom.

It happened once that Rabbi Yochanan ben

Matya said to his son:“Go out and hire workers for

us.” He went and promised them food. But when he

came[and reported what he did] to his father,[the

father] said to him:“My son, even if you make a

[meal] like the feasts given by King Solomon in his

time, you will not have fulfilled your obligation toward

them, for they are the children of Abraham , Isaac, and

Jacob. Rather, before they begin work, go out and say

to them:“On condition that you have no[claim] on me

except for bread and beans alone.” Rabban Shimon

ben Gamliel says:“He did not need to say this because

everything is in accordance with local custom(Baba

Metzia 7.1).

The Mishnah codified the interpretation that while those who are harvesting must be permitted to eat(because that is their Torah right), nonharvesting workers eat only in keeping with the local custom?’ That being said, it was still necessary to determine the amount of produce a harvester may eat. This is debated in Baba