Yerushalmi Bava Metzia 7:1 ירושלמי בבא מציעא ז׳:א׳

MISHNAH: One who hires workers¹On daily wages. and tells them to start early and work late²It is universally accepted that a working day is from sunrise to sundown. An early riser starts work at dawn and a late worker works until dusk., at a place where it is not customary to start early or work late cannot force them to do so. At a place where it is customary to feed them, he has to feed them; to supply a snack, he has to supply it, always following local custom. It happened that Rebbi Joḥanan ben Matthew said to his son, go and hire workers for us. He awarded them food, but when he returned to his father, the latter told him, even if you serve them Solomon’s meal in his time³30 kor fine flour, 60 kor coarse flour, 10 feed-lot cattle, 20 grass fed cattle, 100 sheep, also fallow-buck, gazelle, roe-buck, and fattened geese (1K. 5:3). you did not fulfill your pledge since they are descendants of Abraham, Isaac, and Jacob. But before they start work go and tell them: On condition that your only claim be for bread and legumes. Rabban Simeon ben Gamliel said, that was unnecessary; one always follows local custom.

HALAKHAH: “One who hires workers,” etc. Rav Hoshaia said, this means that usage supersedes practice⁴At least in civil law. As a statement of Rav this also is in Yebamot12:1, Note 21. The rule is never stated explicitly in the Babli but has generated a very great number of responsa in all periods of rabbinic literature.. Rebbi Immi said, everywhere the burden of proof is on the claimant except here⁵In employment law, the party accused of not following local custom has to prove that in fact he is following it..

In Tiberias one does not work early or late²It is universally accepted that a working day is from sunrise to sundown. An early riser starts work at dawn and a late worker works until dusk.. In Bet Ma‘on⁶A place on the slope of the mountain overlooking Tiberias (Soṭah1:8, Note 280). According to Josephus, Vita 12, it is situated 4 stadia from Tiberias, less than 600 m. one works early and late. People from Tiberias who climb up to be hired in Bet Ma‘on are hired on the terms of Bet Maon. People from Bet Ma‘on who descend to Tiberias are hired on the terms of Tiberias. But an employer from Tiberias who climbs up to hire workers in Bet Maon can tell them, you should not think that I could not find workers to hire in Tiberias but came up because I heard that you start early and work late⁷The hiring contract always follows the local custom of the place of contracting, not the place of work.. At a place where there is no common usage, Jehudah ben Buni, Rebbi Immi, Rav Jehudah: It is a stipulation of the court that the early part of morning belong to the workers and the late part of evening to the employer⁸A workday for a journeyman starts at sunrise and ends at nightfall.. What is the reason? “You make darkness, there is night; the young lions roar for prey; You give to them, they are collecting; the sun shines, they return; man leaves for his work⁹Ps. 104:19–23,28. The only relevant verses are v. 22–23: “The sun shines … man goes out to work, his labors until evening.” This implies that a workday does not start before sunrise but continues after sunset until nightfall. The same argument in the Babli, in the name of R. Simeon ben Laqish (83a/b)..” (In the evening)¹⁰Reading of L, rejected by all commentators. [Fridays]¹¹Reading of E. both early rising and late going is at the employer’s expense¹²On Friday a full working day does not start before sunrise but only continues until the later afternoon, leaving enough time for the worker to return home and prepare for the Sabbath before sundown.. How much? That he may fill an amphora of water, fry himself a fish¹³The quickest way to prepare cooked food., and light the candle.

In the opinion of Rebbi Joḥanan ben Matthew¹⁴Who relies neither on local usage nor on the stipulations of the Mishnah., a man who goes to another place to preliminarily marry a woman has to stipulate with her and tell her, on condition that you work so and so much and eat for such and such costs.