That the worker not take into his hand more than his eating: That the wageworker is prevented from taking more than his eating, from that [upon] which he is working. (See Sefer HaMitzvot, Negative Commandments 268.) And about this is it stated (Deuteronomy 23:25), “you may eat as many grapes as you want, until you are full, but you must not put any in your vessel.” The whole matter of this commandment is also elucidated in its positive commandment in this Order (Sefer HaChinukh 576). And one who transgresses it — whether a man or a woman, in all places, at any time — and takes more than his eating, from that which he is working [upon], has violated this negative commandment. But we do not give lashes for it, since it is a financial matter, which is given to repayment. And the general rule which they, may their memory be blessed, said (Makkot 16a) already preceded us — that we do not give lashes for any negative commandment that is given to repayment.
And if you will ask, “And why was there a need for this negative commandment on this, is it not within the category of theft?” The answer is that it is since it appears to the worker that there would not be a sin in his taking that which grows from the ground at the time of the harvest or the reaping — as it is the way of people not to be concerned with the thing so much, [as opposed to how] they are concerned with that which they have inside the house. Therefore, it was from the kindnesses of God, may He be blessed, to increase the warnings about it, in that which stumbling is common. And it is like the matter that they, may their memory be blessed, said (Makkot 23b), “The Holy One, blessed be He, wanted to give merit to Israel; therefore He increased for them Torah and commandments.”
שֶׁלֹּא יִקַּח הַפּוֹעֵל בְּיָדוֹ יוֹתֵר עַל אֲכִילָתוֹ – שֶׁנִּמְנַע הַשָּׂכִיר מִלָּקַחַת מִמָּה שֶׁיַּעֲבֹד בּוֹ, יוֹתֵר עַל אֲכִילָתוֹ (עי' ספהמ"צ להרמב"ם לאוין רסח), וְעַל זֶה נֶאֱמַר (דברים כג כה) וְאָכַלְתָּ עֲנָבִים כְּנַפְשְׁךָ שָׂבְעֶךָ וְאֶל כֶּלְיְךָ לֹא תִתֵּן. כָּל עִנְיַן מִצְוָה זוֹ מְבֹאָר גַּם כֵּן בְּמִצְוַת עֲשֵׂה שֶׁלּוֹ שֶׁבְּסֵדֶר זֶה (מצוה תקעו). וְהָעוֹבֵר עַל זֶה, בֵּין אִישׁ אוֹ אִשָּׁה בְּכָל מָקוֹם וּבְכָל זְמַן, וְלָקַח מִמָּה שֶׁהוּא עוֹבֵד בּוֹ יוֹתֵר עַל אֲכִילָתוֹ, עָבַר עַל לָאו זֶה, אֲבָל אֵין לוֹקִין עָלָיו, לְפִי שֶׁהוּא דָּבָר שֶׁבְּמָמוֹן שֶׁנִּתָּן לְתַשְׁלוּמִין, וּכְבָר קָדַם לָנוּ הַכְּלָל שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (מכות טז א), שֶׁכָּל לָאו שֶׁנִּתָּן לְתַשְׁלוּמִין אֵין לוֹקִין עָלָיו.
That the worker not take into his hand more than his eating: That the wageworker is prevented from taking more than his eating, from that [upon] which he is working. (See Sefer HaMitzvot, Negative Commandments 268.) And about this is it stated (Deuteronomy 23:25), “you may eat as many grapes as you want, until you are full, but you must not put any in your vessel.” The whole matter of this commandment is also elucidated in its positive commandment in this Order (Sefer HaChinukh 576). And one who transgresses it — whether a man or a woman, in all places, at any time — and takes more than his eating, from that which he is working [upon], has violated this negative commandment. But we do not give lashes for it, since it is a financial matter, which is given to repayment. And the general rule which they, may their memory be blessed, said (Makkot 16a) already preceded us — that we do not give lashes for any negative commandment that is given to repayment.
וְאִם תִּשְׁאַל, וְלָמָּה הָיָה צָרִיךְ לָאו עַל זֶה? וַהֲלֹא בִּכְלַל גֶּזֶל הוּא. הַתְּשׁוּבָה, לְפִי שֶׁיְּדַמֶּה הַפּוֹעֵל שֶׁלֹּא יִהְיֶה לוֹ חֵטְא בְּלָקְחוֹ מִגִּדּוּלֵי הַקַּרְקַע בְּעֵת הַקָּצִיר אוֹ הַבָּצִיר, שֶׁדֶּרֶךְ בְּנֵי אָדָם שֶׁלֹּא לְהַקְפִּיד בַּדָּבָר כָּל כָּךְ, כְּמוֹ שֶׁהֵם מַקְפִּידִים בְּמָה שֶׁיֵּשׁ לָהֶם תּוֹךְ הַבַּיִת, עַל כֵּן הָיָה מֵחֲסָדָיו בָּרוּךְ הוּא, לְהַרְבּוֹת עָלָיו הָאַזְהָרוֹת בְּמָה שֶׁהַכִּשָּׁלוֹן מָצוּי, וּכְעִנְיָן שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם כג ב), רָצָה הַקָּדוֹשׁ בָּרוּךְ הוּא לְזַכּוֹת אֶת יִשְׂרָאֵל, לְפִיכָךְ הִרְבָּה לָהֶם תּוֹרָה וּמִצְוֹת.
And if you will ask, “And why was there a need for this negative commandment on this, is it not within the category of theft?” The answer is that it is since it appears to the worker that there would not be a sin in his taking that which grows from the ground at the time of the harvest or the reaping — as it is the way of people not to be concerned with the thing so much, [as opposed to how] they are concerned with that which they have inside the house. Therefore, it was from the kindnesses of God, may He be blessed, to increase the warnings about it, in that which stumbling is common. And it is like the matter that they, may their memory be blessed, said (Makkot 23b), “The Holy One, blessed be He, wanted to give merit to Israel; therefore He increased for them Torah and commandments.”