3,414. What Workers May Eat

Hilchos Maaser 5:10

Let’s say that a landowner contracted a worker to hoe around his olive trees and the worker made a condition that he could eat olives. In such a case, he may eat them individually from the tree without having to tithe them. If he gathers olives, then he must tithe them.

Hilchos Maaser 5:11

Let’s say that the landowner hired a worker to hoe around his onions and the worker made a condition that he could eat green onions. In this case, the worker may cut off and eat individual leaves, but if he gathers leaves, he must tithe them. If a worker made a deal that he could eat a certain volume of olives, he may eat them individually; if he gathered them, he must take tithes. Since he is entitled to eat a predetermined volume, he is like a buyer and therefore, if the produce is gathered, the obligation to tithe takes effect. If the worker did not make any condition, but rather was eating only what the Torah entitles him to, he may gather and eat as much produce as he likes so long as he doesn’t dip it in salt. If he dips the produce in salt, he may only eat them individually. Eating them two at a time is prohibited because dipping them in salt makes the obligation to tithe them take effect.