Reviewed by Rabbi Mordechai Shuchatowitz, Head of the Baltimore Bais Din
It is well known that the Chofetz Chaim wrote sefarim about the prohibition of lashon hara for the sake of making his fellow Jews more aware and careful about speaking negatively about others. It is not as well known that the Chofetz Chaim wrote the sefer Ahavas Chesed to bring about awareness of other interpersonal halachos that pertain to relations between people. One such area of halacha that the Chofetz Chaim discusses pertains to paying workers on time. The term for this in Gemara is the prohibition of bal talin – delaying the payment of wages. The purpose of this article is to discuss this mitzva and its practical applications.
It should be noted that in his introductory remarks to this topic, the Chofetz Chaim mentions that there are many religious Jews who are careful about other mitzvos but are lax about paying their workers. He continues that these people may justify their behavior by the fact that the amount owed is not that large, or they may have some other excuse. The Chofetz Chaim concludes that it is clear to him that this laxity comes from ignorance of these halachos, and that if these people were aware of the Torah imperative to pay in a timely fashion, they would certainly be much more careful.
* * *
The Gemara (Bava Metzia 111A) states that there is a halachic obligation to promptly pay wages that are owed. This means that an employer, must pay the worker in a timely fashion. This mitzva obligation does not only apply to timely payment for wages related to work. It also applies if one rents someone’s utensils or animal for a fee. The renter must pay the fee in a timely fashion.
What is considered timely? The Gemara discusses cases where the worker is hired to work by day or by night. If the worker was hired to work throughout the entire day-from daybreak until nightfall- then the employer must pay him some time the night afterwards. Likewise, if the worker was hired to work throughout the entire night and ended his work at daybreak, then the employer must pay him some time before the following sunset.
Another scenario that the Gemara gives, which is more common nowadays, is when a worker works only for a number of hours. If the worker works for a few hours during the day, the employer must pay the worker before sunset at the of end of that day. Similarly, if a worker works for a few hours during the night, the employer must pay the worker before the end of the night (before daybreak).
* * *
Let’s now illustrate this last scenario with a few cases:
Rochel comes to babysit some children. She is hired at an hourly wage, and stays for some hours from the beginning of the evening until later that night. The parents must pay Rochel that night.
Yaakov is a handyman, who comes on a Sunday afternoon to do some assorted jobs for a specific price. He works throughout the afternoon. If he finishes some time during the day, then he must get paid before the end of the day. If his work continues until the night, then he must get paid before the end of the night.
As an aside, it is worthwhile to mention one point that the Chofetz Chaim emphasizes. It is important that the employer and employee make up an exact price before the work starts. In the above examples, Rochel should tell the parents what her hourly wage is and Yaakov should tell then homeowner what the cost is for the job. If a price is not established in advance, then it is quite possible that, when the time for payment comes, the two parties will end up in a disagreement about how much is owed. The Chofetz Chaim is quite emphatic about how important it is that a clear price is given. In addition to avoiding other issues, having a set price means that the employer can fulfill the mitzva of paying on time when the work is finished.
Another point that the Chofetz Chaim makes is that there is no difference in how old the worker is. Even if the person doing the work is a child, the same halachos apply. For example, let’s say you need someone to shovel your driveway and sidewalk after a snowfall. Shlomo, an 11-year-old boy, the son of one of your neighbors, is doing some shoveling. You make up to pay him $20 for the shoveling job. He finishes the job sometime during the day. According to these halachos, you are obligated to pay the boy before the end of the day.
* * *
What happens if someone is not able to pay the worker on time? For example, let’s say you are in need of one of these services – a babysitter, handyman, someone to shovel the snow, or the like. You realize that you do not have cash available. The worker may also be clear that he or she does not want a check but only cash. What can you do in this situation?
One way out of this problem is to make a specific stipulation in advance with the worker about when he or she can expect payment. For example, let’s say you need a babysitter on a Sunday. The parents can be upfront and tell the babysitter that they do not have cash but that they can commit to going to the bank on Monday in order to pay the babysitter on Monday night. If the babysitter agrees, there is no violation of bal talin.
There are still some other scenarios to discuss. For example, let’s say you give an item to a workman to work on. Common examples are giving a car to a mechanic for servicing or a garment to a cleaner. When is the client obligated to pay for the job?
Another scenario we can discuss is when a professional bills for his or her services. It is common that when a professional renders services, the professional later sends out an invoice for payment. Let’s say you receive a bill from a doctor, accountant, or another professional who sends out an invoice. When is the halachic obligation to pay? These are some important issues that we hope to deal with in a future article.
Honesty and integrity in fulfilling our obligations to pay in a timely fashion is a hallmark of a Torah Jew. We ask Hashem to help us keep these halachos properly, and as we say in Birkas Hamazon, we should find favor in the eyes of Hashem and of man.
Rabbi Rosenfeld administers cases for the Baltimore Bais Din. He can be reached at RYR@Baltimorebaisdin.org.
