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 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. 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.”

These may eat [of the fruits among which they work] by the law of the Torah: one who works on that which is still connected to the ground [may eat of it] when the work is finished [at the time of harvest]; and one who works on that which is already detached from the ground [may eat of it] before the work is completely finished. This applies only to that which grows from the ground. These are they that may not eat; one that works on what is still growing while the work is still unfinished; and one that works on what is already detached from the ground after the work is finished, and [one may not eat] of what does not grow from the soil.

If one was working with his hands but not with his feet, with his feet but not with his hands, or even with his shoulders only, he still may eat. Rabbi Yose bar Rabbi Judah says, “Only if he works with both his hands and his feet.”

If one was working with figs he may not eat grapes, and if among grapes he may not eat figs. But he may refrain [from eating] until he reaches the best produce and then eat. In no case have they said [that he may eat] save during the time of his work. But because of the principle of restoring lost property to its owner they have said, “Field laborers may eat as they go from one furrow to another or as they return from the winepress. And a donkey [may eat] while it is unloading.”

A laborer may eat cucumbers even to a denar’s worth, and dates even to a denar’s worth. Rabbi Elazar ben Hisma says: “A laborer may not eat more than the value of his wages. But the Sages permit it, but they teach a man not to be gluttonous as to close the door against himself.

One may exact terms for himself and for his son or daughter that are of age, and for his slave or female slave that are of age, and for his wife, since these have understanding. But he may not exact terms for his son and daughter that are not of age, or for his slave or female slave that are not of age, or for his cattle, since these have no understanding.

If one hired laborers to work among his fourth-year plantings, they not eat from them. If he had not told them [that they were fourth-year plantings] he must first redeem the fruit and then allow them to eat. If his fig-cakes broke up or his jars burst open, they may not eat from them. If he had not told them [that they were liable to be tithed] he must first separate the tithes and then allow them to eat.

Those that guard [gathered] produce may eat from it because that is the custom of the land and not because that is the law of the Torah. There are four kinds of guardians: an unpaid guardian, a borrower, a paid guardian and a hirer. An unpaid guardian may take an oath [that he had not been neglectful] in every case [of loss or damage and be free of liability]. A borrower must make restitution in every case. A paid guardian or a hirer may take an oath if the beast was injured, or taken captive or dead, but he must make restitution if it was lost or stolen.

If one wolf [attacked the flock that he was watching] it does not count as an unavoidable accident [for which no blame is placed on the guardian]. Two wolves do count as an unavoidable accident. Rabbi Judah says: “In a time where wolves are commonly attacking the settlements, even one wolf is considered to be an unavoidable accident.” Two dogs do not count as an unavoidable accident. Yadua the Babylonian said in the name of Rabbi Meir says: “If [two dogs came] from one direction they do not count as an unavoidable accident, but if [they came] from two directions they count as an unavoidable accident. A bandit counts as an unavoidable accident. A lion or a bear or a leopard or a panther or a serpent counts as an unavoidable accident. When [is this so]? When they come of themselves. But if he took the flock to a place of wild animals or bandits they do not count as an unavoidable accident.

If a beast died a natural death this counts as an unavoidable accident [for which a hirer or paid guardian is not liable]. But if he tortured it and it died it does not count as an unavoidable accident [and the hirer and paid guardian would be liable]. If it was led up to the top of a crag and it fell down and died, this does not count as an unavoidable accident. An unpaid guardian may make a stipulation that he will be exempt from taking an oath, and a borrower [may make a stipulation that he will be exempt] from making restitution, and a paid guardian and a hirer [may make a stipulation that they will be exempt] from taking an oath or from making restitution.

If one makes a stipulation contrary to that which is written in the Torah he stipulation is void. Any stipulation that mentions first the action is void. Any stipulation that can in the end be fulfilled and was laid down as a condition from the beginning, such a condition is valid.