A new Mishna frames Perek
IV, our new perek. It teaches that a Jew
is prohibited from benefiting from labour done with wine for the libations of an
idolatrous Gentile. If the Jew was hired
to do other work for this Gentile and the Jew was asked to move a barrel of
wine – even if it is intended for idol worship – as one of many duties, then
payment is allowed. Similarly, if a
Gentile rents a Jew’s donkey to carry wine that is to be used for libations,
payment is forbidden. However, if the
Gentile rented the donkey just to transport himself and he happens to be
carrying a jug of wine, the rental payment is permitted.
The rabbis analyze this
Mishna according to other cases where the halacha is sometimes lenient
regarding benefiting from payment. The
first case is that of orla, the
forbidden first three years of a tree’s produce, produce being accepted as a
symbol of betrothal. The betrothal
proves that one may benefit from the otherwise forbidden use of orla (Kidushin
56b). The second case involves
transferring the status of forbidden Sabbatical Year produce to the money with
which it might have been exchanged. If
an owner offers a labourer a fee for collecting shemita, then payment is made
for the labour itself and not for the Sabbatical produce.
The Gemara stays with this
second example for some time. The rabbis
debate how one might gather or otherwise use Sabbatical produce without
transgressing the halacha of not using it for commerce. They also note that the stringency regarding
wine used for libations is extremely high; quite different from other
circumstances.
The obligations regarding
idolatry are compared with those regarding capital punishment. The rock that is used to stone a person, the
tree that is used to hang a person, the sword used to kill a person, and the
scarf that is used to strangle a person – all of these things are buried along
with the person. This is done to ensure
that we do not benefit from those items.
The last example is
particularly interesting. The rabbis
discuss whether or not we might benefit from direct or indirect payment made to
a prostitute. Mostly the rabbis discuss
time in relation to payment. If a man
pays a woman for sex but does not actually have intercourse with her – yet- how
do we understand his payment? What if he
has intercourse with her but delays payment?
This learning leads to questions about who was visiting prostitutes, who
became prostitutes, how secret or known was the practice, how much stigma
existed regarding this practice, and much more.
The example is used to help elucidate our understandings of what should
be associated with idol worship and thus what is forbidden to us. In its discussion, we are reminded about
other parts of life that were regulated by our rabbis.