3,234
edits
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===Type of Work/Worker=== | ===Type of Work/Worker=== | ||
# This prohibition can apply to different types of workers: a salaried employee, a service provider, or a craftsman.<ref>Halachos of Other People's Money pg. 104 based on Baba Metzia 112a</ref> | # This prohibition can apply to different types of workers: a salaried employee, a service provider, or a craftsman.<ref>Halachos of Other People's Money pg. 104 based on Baba Metzia 112a</ref> | ||
# The prohibition applies whether the worker is a man, woman or child.<Ref>Ahavat Chesed 9:5, Halachos of Other People's Money pg. 119</ref> | # The prohibition applies whether the worker is a man, woman or child.<Ref>Ahavat Chesed 9:5, Halachos of Other People's Money pg. 119 and 129</ref> | ||
# Bal Talin does not apply to an akum, nor to an apikores or Jewish idolater.<ref>Halachos of Other People's Money pg. 119. see note 86 there regarding the opinion of the Rambam on this issue</ref> However, although the technical mitzva does not apply, if delaying payment will cause a chilul Hashem, it is obvious that it would be forbidden to do so.<ref>Halachos of Other People's Money pg. 120.</ref> | # Bal Talin does not apply to an akum, nor to an apikores or Jewish idolater.<ref>Halachos of Other People's Money pg. 119. see note 86 there regarding the opinion of the Rambam on this issue</ref> However, although the technical mitzva does not apply, if delaying payment will cause a chilul Hashem, it is obvious that it would be forbidden to do so.<ref>Halachos of Other People's Money pg. 120.</ref> | ||
# A subcontractor does not typically expect payment from a contractor immediately upon completing his work. Therefore, there is no Bal talin.<ref>Halachos of Other People's Money pg. 124</ref> | # A subcontractor does not typically expect payment from a contractor immediately upon completing his work. Therefore, there is no Bal talin.<ref>Halachos of Other People's Money pg. 124</ref> | ||
===Rental=== | |||
====Item==== | |||
# The prohibition can apply to payment for the use of an item.<ref>Shulchan Aruch 339:1 based on Mishna Baba Metzia 111a, Halachos of Other People's Money pg. 104 and 126 </ref> | |||
# In the case of a rental, bal talin would only apply for rent charged at the end of the rental, not rent charged in advance.<ref>Halachos of Other People's Money pg. 126</ref> | |||
====Renting a Building Space==== | |||
# There is a disagreement amongst the poskim regarding the rental of space in a building. Some poskim say that rent due for space in a building is subject to bal talin.<ref>Halachos of Other People's Money pg. 127. see Shulchan Aruch CM 339:1 who quotes that there are those who say that land cannot be subject to bal talkin. Ahavat Chesed 9:6 recommends being strict and assume that bal talin does apply, as does Aruch Hashulchan 339:2.<br> | |||
see Halachos of Other People's Money pg. 127 note 14 who quotes from Rav Avraham Pam that usually rent is paid in advance, and therefore bal talin would not apply</ref> | |||
===Timing=== | ===Timing=== |