Dear Matzav Inbox,
A Choshen Mishpat PSA: The Torah prohibition against delaying a person’s wages is far more serious—and far more common—than many people realize.
I work in the Choshen Mishpat world in the tristate area. I’m not formally a dayan, but as a Rabbi with Yadin Yadin, people do come to me with their shailos. Of course, I don’t pasken as a yachid, but I do help clarify the issues, present relevant views from the poskim, and guide people toward a clearer understanding of the situation.
I’ve been involved in this for a while, and I hate to say that there is one issue that is extremely serious and consistently keeps coming up. I feel the need to bring it to public attention as a PSA:
PAY YOUR WORKERS ON TIME.
This, more or less, includes anyone you hire to do work for you in any capacity—babysitters, doctors, dentists, architects, gardeners, tutors, cleaners, contractors, freelancers, and anyone else providing a service. If someone did a job for you, the halachic obligation to pay them properly and on time applies fully, regardless of the type of work or how “informal” the arrangement may feel.
There is an explicit prohibition in the Torah against delaying a worker’s wages. In fact, the Gemara counts five lavin and one asei that can be involved in this area, underscoring its seriousness. While not all of them apply in every single case, ביומו תתן שכרו is an asei, and לא תלין פעולת שכיר is a lav gamur, and these apply with almost every worker.
This is not a joke. The Torah itself explains the seriousness of the mitzvah with the words ואליו הוא נושא את נפשו—he is “carrying his life.” Chazal explain that when you withhold a worker’s wages, you are, in a sense, taking his life from him. Although the lav applies regardless of the worker’s bank account, this is especially real when a poor person is struggling to put food on the table—and you would be surprised how often that is unfortunately the case. I promise you, you have no idea how bad it can get. People who seem like regular workers are often really struggling because they are not being paid.
Of course, this is not an easy mitzvah. Bills are annoying. Life is expensive. Everyone is stretched, everyone is juggling, and most people are genuinely trying their best. It is not easy to keep up with everything, and financial pressure is real. But at the end of the day, none of that changes the basic responsibility: You hired a worker, he did the job, and you are obligated to pay him. Period.
Your worker never asked to be your lender to help you with your cash-flow issues.
To be mekayem the mitzvah, you need to pay right away. The exact details of “right away” vary depending on the type of worker and the terms of employment, but in ordinary contemporary arrangements, the practical rule is: Don’t wait.
There are other important details regarding the timing. For example, halacha takes customary billing and accounting arrangements into account, and בל תלין is triggered when the worker demands payment. But once the bill comes in and payment is due, it becomes an actual aveira. Things get very serious, very quickly.
Pay the worker on time. I can’t say it enough. Before you spend money on a beautiful, upgraded esrog, make sure the person who worked for you has been paid.
This is a very serious matter, and although it should be obvious anyway, I’m afraid it simply isn’t known well enough.
Hence this PSA.
The number of stories I hear is insane. People are literally struggling to put food on their tables, unable to pay their credit card bills, or unable to pay their own workers because they are waiting for money that they honestly earned from people they worked for. These are people who did a good job and helped their clients—their clients are thrilled with the work—but are now being left hanging for weeks or months.
Recently, someone came to me in an absolute mess. More than 50 people had failed to pay him. Some owed him close to $50,000, others closer to “just” $7,000, and altogether he was owed hundreds of thousands of dollars. They were all frum clients.
And now this person was taking tzedakah to pay for a chasunah, for Shabbos, and for Yom Tov—because he had to fight to collect money that was already rightfully his. If two or three more people had followed halacha, he wouldn’t have had to take out a loan to pay for the chasunah!
Of course, he has since become much more careful about things like retainers and payment arrangements. He could have protected himself better. But that does not excuse the people who simply did not pay him. If you hire someone, PAY HIM.
And I don’t mean eventually. I mean pay him on time—on the day his work is completed, when halacha requires it.
If there is a genuine dispute about part of the bill, don’t use the disputed amount as an excuse to hold up money that you clearly owe. Pay the undisputed amount and resolve the remaining issue promptly. Don’t use a dispute over $500 to hold up $5,000 that you know you owe.
I also must add that even if someone already missed the halachic deadline, that does not mean the money is now “okay to owe.” He is still obligated to pay immediately, and continued delay is itself prohibited. Missing the deadline is not a free pass to let the bill sit for another week or month.
None of this is some minor technical halacha buried in Choshen Mishpat. It is a pasuk in the Torah. (Which happens to be in this week’s parsha…)
The Yom HaDin is coming quickly. Having an unpaid worker’s money sitting on your head is not something anyone should want to take with them into Din.
If someone works for you, pay him. Pay him on time. It’s the halacha.
(Sources for those who want: Bava Metzia 110b–112a; Shulchan Aruch CM 339)
M.
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