Introduction The first mishnah of chapter seven deals with the obligation to follow local customs in employee/employer practices.

If one hired laborers and told them to work early or to work late, he has no right to compel them to do so where the custom is not to work early or not to work late. In the scenario in this section the employer hired laborers and then later told them that he expected them to either arrive early or to stay late. The mishnah teaches that in a place where workers do not customarily arrive early or stay late, he has no right to do so. Since he made his original agreement without telling them of any unusual conditions, he must follow local custom.

In a place where the custom is to give them their food he should give it to them, and where the custom is to provide them with sweet food, he must give it to them. Everything should follow local custom. Similarly, the mishnah teaches that in a place where the employer customarily provides food for the employee he must do so, even if he doesn’t specifically promise to do so. If the custom is to provide sweet food then he must do so as well. On the other hand, if the local custom is not for the employer to provide the food or sweet food he is not obligated to do so. We will learn more about employers’ obligations to feed their employees in the coming mishnayoth of this chapter.

It once happened that Rabbi Yochanan ben Mattia said to his son: “Go and hire laborers for us”. He went and struck a deal to provide them with food. When he came to his father, his father said to him, “My son, even if you make them a banquet like Solomon’s in his time you will not have fulfilled your obligation to them. For they are sons of Abraham, Isaac and Jacob. But, rather, before they begin to work go and say to them, “On condition that I am not bound to give you more than bread and beans only.” Rabban Shimon ben Gamaliel says: “It was not necessary to speak thus, for everything should follow local use.” This section contains an interesting story of a father and his son. The son goes out and hires workers at his father’s request and tells them that he will provide their food. When he returns to his father his father fears that such a condition could potentially be interpreted to mean that he will provide them with a feast worthy of King Solomon. His father instructs the son to return and clarify to the workers that they are being hired under the condition that they will receive food but that the food will be minimal, consisting of only beans and bread. Rabban Shimon ben Gamaliel states that such a stipulation was not necessary. According to Rabban Shimon ben Gamaliel in a case where the quantity of food was not clarified, the employees can only claim that which is customarily given to workers in their area. Since custom does not dictate that an employer provide his employees with food worthy of King Solomon he need not do so. Evidently the father had assumed that in a case where the employer had not made any limitation with regards to the amount of food to be provided to the employees, his promise could be interpreted in favor of the employees.

Questions for Further Thought:
• What is the significance of the line, “For they are sons of Abraham, Isaac and Jacob” mean?