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Paying Workers on Time: Difference between revisions
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==Guidelines== | ==Guidelines== | ||
# To avoid this prohibition, it is highly recommended that that before hiring any worker one should make sure to have cash at hand in order to pay his worker on time.<ref> Sefer Hachinuch Mitzva 588</ref> | |||
# No distinction is made between wages owed to a penniless worker who depends on his employer or a wealthy worker who is financially independent.<ref>Halachos of Other People's Money pg. 96 </ref> | # No distinction is made between wages owed to a penniless worker who depends on his employer or a wealthy worker who is financially independent.<ref>Halachos of Other People's Money pg. 96 </ref> | ||
# No distinction is made between small and large amounts of money owed to a worker<ref>Ahavat Chesed introduction to Perek 9, Halachos of Other People's Money pg. 97. see there pg. 104 where he writes that some poskim rule that it applies to even less than a perutah</ref> or the amount of work that it takes.<Ref>Ahavat Chesed 9:3 based on Baba Metzia 111b, Halachos of Other People's Money pg. 104</ref> | # No distinction is made between small and large amounts of money owed to a worker<ref>Ahavat Chesed introduction to Perek 9, Halachos of Other People's Money pg. 97. see there pg. 104 where he writes that some poskim rule that it applies to even less than a perutah</ref> or the amount of work that it takes.<Ref>Ahavat Chesed 9:3 based on Baba Metzia 111b, Halachos of Other People's Money pg. 104</ref> | ||
# Partial payments are subject to the prohibition of delaying payment, meaning payments must be made in full when due. Otherwise one would be in violation of Bal Talin<ref> Ahavat Chesed, 9:10, Halachos of Other People's Money pg. 105</ref> Even if the amount is in dispute and they plan to go to Beit Din, the employer must pay the amount that is agreed upon by both.<ref> Halachos of Other People's Money pg. 105</ref> | # Partial payments are subject to the prohibition of delaying payment, meaning payments must be made in full when due. Otherwise one would be in violation of Bal Talin<ref> Ahavat Chesed, 9:10, Halachos of Other People's Money pg. 105</ref> Even if the amount is in dispute and they plan to go to Beit Din, the employer must pay the amount that is agreed upon by both.<ref> Halachos of Other People's Money pg. 105</ref> It would be advisable to settle on a price before the work is done so that it doesn't have to be brought for a din torah.<ref>[https://torah.org/torah-portion/weekly-halacha-5771-kiseitzei/ Weekly Halacha by By Rabbi Doniel Neustadt ]</ref> | ||
# After the work is completed, one may not use some pretext to bargain down the amount he owes or squeeze the worker for a reduction, unless the worker agrees wholeheartedly.<ref> Halachos of Other People's Money pg. 130 in the name of Rav Pam, as even if you pay one peruta less than you owe him, you would be in violation of bal talin. </ref> | # After the work is completed, one may not use some pretext to bargain down the amount he owes or squeeze the worker for a reduction, unless the worker agrees wholeheartedly.<ref> Halachos of Other People's Money pg. 130 in the name of Rav Pam, as even if you pay one peruta less than you owe him, you would be in violation of bal talin. </ref> | ||
# If one forgot to pay the worker and it is difficult for him to go back and pay, he may call the worker and ask if he can pay later. If the worker allows, then he avoids bal talin but still misses out on the positive mitzva of paying on time.<ref>Halachos of Other People's Money pg. 134</ref> | # If one forgot to pay the worker and it is difficult for him to go back and pay, he may call the worker and ask if he can pay later. If the worker allows, then he avoids bal talin but still misses out on the positive mitzva of paying on time.<ref>Halachos of Other People's Money pg. 134</ref> | ||
===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, [https://torah.org/torah-portion/weekly-halacha-5771-kiseitzei/ Weekly Halacha by By Rabbi Doniel Neustadt ]</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> | # 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, [https://torah.org/torah-portion/weekly-halacha-5771-kiseitzei/ Weekly Halacha by By Rabbi Doniel Neustadt ]</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=== | ===Rental=== | ||
====Item==== | ====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. see also pg. 133 for specific examples </ref> | # 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. see also pg. 133 for specific examples </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> | # 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==== | ====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 talin. Ahavat Chesed 9:6 recommends being strict and assume that bal talin does apply, as does Aruch Hashulchan 339:2.<br> | # 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 talin. 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> | 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. [https://torah.org/torah-portion/weekly-halacha-5771-kiseitzei/ Weekly Halacha by By Rabbi Doniel Neustadt ] quotes others who say similarly</ref> | ||
# According to the poskim that using a building is subject to bal talin, the rental fees for using a mikveh would be subject to that prohibition. However, this only applies if the mikveh has a policy of no credit. In many cases though, the people in charge consent to the use paying at a later time when necessary. Accordingly, this would not be subject to bal talin, but one who doesn't pay then would be missing out on the positive mitzva of paying on time.<ref> Halachos of Other People's Money pg. 131 in the name of Rav Scheinberg</ref> | # According to the poskim that using a building is subject to bal talin, the rental fees for using a mikveh would be subject to that prohibition. However, this only applies if the mikveh has a policy of no credit. In many cases though, the people in charge consent to the use paying at a later time when necessary. Accordingly, this would not be subject to bal talin, but one who doesn't pay then would be missing out on the positive mitzva of paying on time.<ref> Halachos of Other People's Money pg. 131 in the name of Rav Scheinberg</ref> | ||
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===Form of Payment=== | ===Form of Payment=== | ||
# Paying by check would not subject one to any violations, unless the employer stipulates payment by cash and that is the norm in that profession.<ref> Business Halacha, p. 186-187. There is a discussion among poskim about whether or not the bank has to be open in order for the prohibition of delaying payment to not be in effect (see Rabbi Moishe Dovid Lebovits, Halachically Speaking, Volume 4, p. 373-374 | # Paying by check would not subject one to any violations, unless the employer stipulates payment by cash and that is the norm in that profession.<ref> Business Halacha, p. 186-187. There is a discussion among poskim about whether or not the bank has to be open in order for the prohibition of delaying payment to not be in effect (see Rabbi Moishe Dovid Lebovits, Halachically Speaking, Volume 4, p. 373-374, as well as Pitchei Choshen Hilchos Sechirus 9, note 36. <br> | ||
see also Halachos of Other of Other People's Money pg. 106-107 who distinguishes between Eretz Yisrael where a check can more easily be exchanged for cash and America where it can only be brought to a bank, although he acknowledges that in many circumstances the accepted practice is to pay by check and therefore bal talin wouldn't apply.</ref> | see also Halachos of Other of Other People's Money pg. 106-107 who distinguishes between Eretz Yisrael where a check can more easily be exchanged for cash and America where it can only be brought to a bank, although he acknowledges that in many circumstances the accepted practice is to pay by check and therefore bal talin wouldn't apply.</ref> | ||
# Payment with a post-dated check or credit card is not considered valid to avoid bal talin. If the employee consents to this form of payment, one would not be in violation of bal talin, but would still lose out on the mitzva of paying on time. <Ref> Halachos of Other People's Money pg. 107-108</ref> | # Payment with a post-dated check or credit card is not considered valid to avoid bal talin. If the employee consents to this form of payment, one would not be in violation of bal talin, but would still lose out on the mitzva of paying on time. <Ref> Halachos of Other People's Money pg. 107-108</ref> | ||
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==Exceptions== | ==Exceptions== | ||
===Item Being Repaired is Still with the Craftsman=== | ===Item Being Repaired is Still with the Craftsman=== | ||
# If the task has been completed, but the item has not been given to the employer/client, the obligation to pay is not yet in effect until the item is turned over to the employer/client.<ref> Shulchan Aruch Choshen Mishpat 339:6 based on Baba Metzia 112a, Halachos of Other People's Money pg. 124</ref> Once the item is given, the | # If the task has been completed, but the item has not been given to the employer/client, the obligation to pay is not yet in effect until the item is turned over to the employer/client.<ref> Shulchan Aruch Choshen Mishpat 339:6 based on Baba Metzia 112a, Halachos of Other People's Money pg. 124, [https://torah.org/torah-portion/weekly-halacha-5771-kiseitzei/ Weekly Halacha by By Rabbi Doniel Neustadt ]</ref> Once the item is given, the rules of Bal talin are in full effect.<ref>Shulchan Aruch 339:6, Aruch Hashulchan 339:8, Halachos of Other People's Money pg. 124</ref> For example, if a jeweler informs the customer that his watch is ready to be picked up, but the customer does not go get it or pay for it until after sunset, he has not violated Bal talin because the jeweler was still holding his watch. Once the jeweler returns the watch, he must be paid by sunset<ref>Halachos of Other People's Money pg. 125</ref> | ||
===Payment is not Requested=== | ===Payment is not Requested=== | ||
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===Employer Doesn't Have the Money=== | ===Employer Doesn't Have the Money=== | ||
# If the employer does not have the money to pay his worker when the payment is due, there is no issue of bal talin.<ref> Shulchan Aruch 339:10 based on Baba Metzia 112a, Halachos of Other People's Money pg. 114</ref> This means that he doesn't have cash, or money available in a bank account. He would not be obligated to sell his assets.<ref>Halachos of Other People's Money pg. 114. see there where he does qualify this statement, that if he has marketable assets that can be sold without a loss, he must do so to pay this worker </ref> | # If the employer does not have the money to pay his worker when the payment is due, there is no issue of bal talin.<ref> Shulchan Aruch 339:10 based on Baba Metzia 112a, Halachos of Other People's Money pg. 114, [https://torah.org/torah-portion/weekly-halacha-5771-kiseitzei/ Weekly Halacha by By Rabbi Doniel Neustadt ]</ref> This means that he doesn't have cash, or money available in a bank account. He would not be obligated to sell his assets.<ref>Halachos of Other People's Money pg. 114. see there where he does qualify this statement, that if he has marketable assets that can be sold without a loss, he must do so to pay this worker </ref> | ||
# If one only has a large bill, he must go get change and pay the worker.<Ref> Halachos of Other People's Money pg. 115 </ref> | # If one only has a large bill, he must go get change and pay the worker. Not having change is not an excuse not to pay<Ref> Halachos of Other People's Money pg. 115, [https://torah.org/torah-portion/weekly-halacha-5771-kiseitzei/ Weekly Halacha by By Rabbi Doniel Neustadt ] </ref> | ||
# If he doesn't have the full amount, but can pay a partial amount, he must do so. If he doesn't use all the money that he has available, he is in violation of bal talin.<Ref>Ahavat Chesed 9:10, Halachos of Other People's Money pg. 115</ref>Even if he is left with a choice of paying this worker or buying food for Shabbat, he must choose paying the worker.<ref> Halachos of Other People's Money pg. 115, Biur Halacha OC 242: Lichavod</ref> | # If he doesn't have the full amount, but can pay a partial amount, he must do so. If he doesn't use all the money that he has available, he is in violation of bal talin.<Ref>Ahavat Chesed 9:10, Halachos of Other People's Money pg. 115</ref>Even if he is left with a choice of paying this worker or buying food for Shabbat, he must choose paying the worker.<ref> Halachos of Other People's Money pg. 115, Biur Halacha OC 242: Lichavod</ref> | ||
# If he can borrow the money easily and be able to fulfill the mitzva of paying on time, this is advisable.<Ref>Halachos of Other People's Money pg. 116, Aruch Hashulchan 339:14</ref> | # If he can borrow the money easily and be able to fulfill the mitzva of paying on time, this is advisable.<Ref>Halachos of Other People's Money pg. 116, Aruch Hashulchan 339:14</ref> | ||
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===Sale=== | ===Sale=== | ||
# Bal Talin does not apply to a sale. If somebody delays paying for an item that he is purchasing, he is not in violation of bal talin.<ref> Gilyon Rabbi Akiva Eiger on Shulchan Aruch 339:6, Halachos of Other People's Money pg. 125</ref> For example, if somebody buys a suit from a tailor who provides the fabric and makes custom suits, he is not in violation of bal talin because the charge is for the suit and not for the labor.<ref>Halachos of Other People's Money pg. 126</ref> | # Bal Talin does not apply to a sale. If somebody delays paying for an item that he is purchasing, he is not in violation of bal talin.<ref> Gilyon Rabbi Akiva Eiger on Shulchan Aruch 339:6, Halachos of Other People's Money pg. 125</ref> | ||
# For example, if somebody buys a suit from a tailor who provides the fabric and makes custom suits, he is not in violation of bal talin because the charge is for the suit and not for the labor.<ref>Halachos of Other People's Money pg. 126, [https://torah.org/torah-portion/weekly-halacha-5771-kiseitzei/ Weekly Halacha by By Rabbi Doniel Neustadt] based on Ketzos ha-Choshen, C.M. 339:3 and Aruch ha-Shulchan, C.M. 339:7</ref> | |||
==Precedence== | ==Precedence== | ||
