משנה: הַשּׂוֹכֵר אֶת הַפּוֹעֲלִין לַעֲשׂוֹת עִמּוֹ בְּנֶטַע רְבָעִי שֶׁלּוֹ הֲרֵי אֵילּוּ לֹא יֹאכְלוּ. אִם לֹא הוֹדִיעָן פּוֹדֶה וּמַאֲכִילָן. נִתְפָּֽרְסוּ עִגּוּלָיו נִתְפַּתְּהוּ חָבִיּוֹתָיו הֲרֵי אֵילּוּ לֹא יֹאכְלוּ. אִם לֹא הוֹדִיעָן מְעַשֵּׂר וּמַאֲכִילָן. MISHNAH: If somebody hires workers to work with him in his fourth-year plantation, they may not eat. If he did not inform them, he has to redeem it and feed them37Newly planted fruit trees in their first three years have to be stripped of their fruits as forbidden ‘orlah. In the fourth year the yield may be redeemed and then eaten in place, or brought to the Temple and eaten there in purity (Leviticus.19.23-24">Lev. 19:23–24; Tractate ‘Orlah). Since eating from the fruit is a recognized privilege of agricultural workers, if they are not informed that they are to work on forbidden fruit they could not ask for higher wages to compensate for the fruit.. If his fig cakes were dislodged or his amphoras opened, they may not eat. If he did not inform them, he has to tithe and feed them38It was stated in Mishnah 3 that workers on food processed to the stage of tithes have no privilege of eating from it. It is forbidden to eat titheable but untithed food If the workers were hired under the impression that they had the privilege, the employer has to provide them with permitted food..
הלכה: הַשּׂוֹכֵר אֶת הַפּוֹעֲלִין כול׳. כָּל־שֶׁכְּיוֹצֵא בוֹ בָא לְזִיקַת הַמַּעְשְׂרוֹת וְאִיסּוּר אַחֵר גָּרַם לוֹ. שְׂכָרוֹ סְתָם פּוֹדֶה וּמַאֲכִיל מְעַשֵּׂר וּמַאֲכִיל. קָצַץ עִמּוֹ הֲרֵי זֶה אוֹכֵל. וְכָל־שֶׁאֵין כְּיוֹצֵא בוֹ בָא לְזִיקַת הַמַּעְשְׂרוֹת וְאִיסּוּר אַחֵר גָּרַם לוֹ. שְׂכָרוֹ סְתָם אֵינוֹ אוֹכֵל. קָצַץ עִמּוֹ הֲרֵי זֶה אוֹכֵל. HALAKHAH: “If somebody hires workers to work,” etc. Anything which is of a kind apt to be under the rules of tithing but another prohibition caused it [to be forbidden to eat], if one hired [a worker] without mentioning it, he has to redeem and feed, tithe and feed39This is the case of the Mishnah; the “other prohibition” is the fourth-year status of the orchard.. If [the worker] contracted for it, he eats40This is obvious; any worker may contract to receive part or all of his wages as food. It is only needed here as a parallel to the next statement.. But if it is of a kind exempt from the rules of tithing41For example, any unripe fruit as mentioned in Ma‘serot 1:2. but another prohibition caused it [to be forbidden to eat], if one hired [a worker] without mentioning it, that one cannot eat42If this is from a fourth-year orchard, the worker has no claim to the fruit even if he was not informed beforehand.; if he contracted for it, he eats.