His Father Gave The Ring
‘What About A Worker Toasting The Produce And Eating?’
(Bava Metzia 89a)
The baraisa (infra 87b) taught that a worker may snack on the produce he is hired to harvest. This is derived from the verse “Ki savo b’kerem re’echa ve’achalta anavim k’nafshecha sav’echa ve’el kel’yecha lo siten” – when you come into the vineyard of your fellow, you may eat grapes as is your desire, to your fill, but you may not put them into your vessel” (Devarim 23:25).
The baraisa explains that while this verse refers to a worker’s right to eat that which he is harvesting, he may not eat the produce with something else added to enhance his appetite, lest that cause him to eat even more grapes (or other produce). This refers to “enhancers” consumed specifically at the same time as one consumes the produce. Obviously, anything eaten prior to that, such as bread and a vinaigrette dressing, would not be prohibited.
Our Gemara asks the following: What about enhancing the produce – not by adding anything else to it (i.e., sugar or salt) but rather by toasting over a fire? Though nothing has been added, the food becomes more appetizing, with the result that the worker will be enticed to consume even more produce.
Though the Gemara remains unresolved regarding this question, Rambam (Hilchos Sechirus 12:10) rules stringently that a worker harvesting grapes may not have his children or his wife toast the produce for him. Maggid Mishneh (ad loc.) explains Rambam’s view, explaining that there is actually a halachic doubt in this matter, but since the Gemara leaves the matter unresolved, Rambam rules stringently to forbid the practice because of the rule “Hamotzi me’chavero alav l’havi ra’agah – the burden of proof is on the one who seeks payment from his fellow” (Bava Kamma 35a).
A Guest’s Food
Rashi (on the Gemara infra 92a s.v. “l’dideh”) explains the right and possession of a worker of the employer’s food in the course of his employ. He only acquires the produce after he takes hold of them to eat, but beforehand he does not legally own or have any rights to them.
Minchas Chinuch (Mitzvah 576) infers from Rashi’s words that once the worker has taken hold of the produce, it is his to do with whatever he wants. He may even grant that produce to others.
Tosafos (92a s.v. “iy amret”) disagree and explain that Scripture only permitted a worker that which he puts in his mouth to eat.
Marry Me!
Ri’az (in his glosses to Rif at the end of Perek ish mekadesh – kiddushin) states that if a guest takes the portion of food served to him by his host and gives it to a woman to effect betrothal, such betrothal is valid, though kiddushin may only be effected with one’s own money or other item of value. Ri’az, nevertheless, validates the kiddushin. His reasoning is that there is an assumption that the host has no objection to the guest using his portion in any manner he wishes. Maharit (Vol. I:150) disagrees and questions the validity of such kiddushin.
A Son At His Father’s Table
The gaon Rabbi Moshe Sternbuch was asked about the following (Responsa Teshuvot v’Hanhagot, Vol. 3:640): “A young man became engaged to marry. He was sitting in yeshiva and learning and being supported by his father. When the wedding date arrived, possessing no means of his own to purchase a ring, the young man accepted a ring from his father with which to effect betrothal. This is, indeed, a very common occurrence.”
Rabbi Sternbuch opined that though the more proper manner would be for the father to gift it to the son, specifically telling him, “I am giving you this to do with as you please,” this is not, however, what is commonly done. Therefore, Rabbi Sternbuch explains, there is a simple assumption that the father is gifting it to his son and as such the betrothal is without doubt valid.
Indeed, Rema (Even HaEzer 28:17) rules that a guest may take his portion of food and betroth a woman with it.
