Background to the prohibition:
The Torah discuss the concept of paying one’s labourer on time in two places. In Vayikra the verse says: “One may not delay payment of his employee’s wages until the morning”[1] and in Devarim the verse says “One should pay his employees’ wages on the day before the sun sets”[2]
Our sages explain that the prior verse is discussing labourer’s whose labour is provided in the day and therefore one is obligated to pay them up until dawn the next day, failing which he will transgress the prohibition of Baal Talin- withholding wages due. The latter verse is discussing labourer’s whose labour is provided in the evening and therefore one is obligated to pay them up until sunset of the next day failing which the employee transgresses the prohibition of Baal Talin.
Conceptually the rationale behind this obligation is that Hashem created a person and wants the existence of that person to be sustained and without food a person cannot continue to exist. The employer is providing this labourer with his ability to acquire food and therefore his wages must be paid on time as by withholding his wages this could possibly lead to his death due to not acquiring food.[3]
Parameters of the prohibition:
An important condition is that although we stated above that one will transgress the prohibition of Baal Talin, There are some Halachik authorities who are of the opinion that this obligation happens immediately even without the claim being made[4]. However, the accepted view is that the obligation for payment only comes into effect after the labourer claims his wages[5]. Receiving an invoice would be considered that a claim has been made. When it comes to movable goods such as a suit the obligation will only be once the items are collected.
Furthermore, even if the worker claims his wages, one only transgresses the prohibition if he has the money but doesn’t pay, however, if he doesn’t have the money and is being truthful, he will not transgress this prohibition.
An employer who deliberately withholds the wages of a labourer transgresses the following five negative prohibitions and one positive mitzva[6]: He violates the prohibition of: “Do notoppress your neighbour”, and the prohibition of: “Do not steal” and the prohibition of: “You should not oppress a hired labourer who is poor”, and the prohibition of delaying payment of wages, and he has not fulfilled the positive mitzva of: “On the same day you shall give him his wages”, and he has violated the prohibition of: “The sun shall not set upon him”
An employer would transgress all the above any time he disingenuously withholds wages whether he says he has the money and refuses to pay or even if he says to the employee that he paid him and he didn’t or he flat out refuses to pay
If one calls a company to come and do a repair and the company sends their employees then even after receiving the invoice if one does not pay by the next morning, he will not transgress this prohibition. This is because the prohibition of Baal Talin does not apply to an intermediary[7].
Another important Halacha is that if one makes an EFT payment and the money only reflects after the time period they would transgress this prohibition.
Stipulating a condition before the work commences
The Halachik authorities discuss if it would be permissible to stipulate with the prospective labourer before he commences the work, that you will only pay him after the time specified in the Torah. For instance, if one hires a painter to paint their cupboard and he finishes at dark one would then be obligated to effect payment before the next morning may one specify that they will only make payment in a week?
We have a general principle in Halacha that any condition that goes against that which is explicitly stated in the Torah would be a condition that is null and void[8] so therefore this principle should be applied here. However, the Shach[9] rules contrary to this and allows one to make a condition.
This could be answered quite simply as the above principle is not applicable to any monetary laws. However, the understanding of many Rishonim[10] is that this is not a monetary law but rather that this is more analogous to shmittah(this is a year in which the Torah commands all Jews to not work their land every seventh year)or kashrus and as such is not a monetary law but rather in the realm of what is referred to as Issur VeHeter . If so, the general principle of not allowing a condition should apply.[11]
The Torah states that if one makes a loan the debt will be abrogated in the shmittah year. In Makkos it discusses if one lent money on condition that the debt is not abrogated during the shmittah year nevertheless the debt will still be abrogated as one is making a condition against that which is written in the Torah.
The gemorah challenges this Halacha and explains that if one makes a sale on condition that the purchaser cannot claim subsequently that he was overcharged for the purchase this is an effective condition.
And the gemorah answers that it depends on the language that one uses when stipulating the condition. If the condition is that shmittah will not abrogate the debt, then it is an invalid condition. However, if my condition is that the debtor relinquishes his right to the abrogation of the debt due in shmittah and I retain my right to claim the debt from the borrower this would be permissible.
So too when it comes to an employer if the condition is that the employer relinquishes his right to claim the money when it is due then it will be a valid condition and permissible. However, if I stipulate that I am only employing you on condition that I do not transgress Baal Talin, this would be prohibited.[12]
Conclusion
These Halachas are of the utmost importance and one who is not scrupulous in his dealing with his workers could possibly transgress many prohibitions. A person may think that paying wages late is not a significant matter and as such may not take it seriously as other prohibitions, however, these Halachot are just as important as other prohibitions and need as much sensitivity and commitment.
[1] Vayikra 19:13
[2] Devarim 24:15
[3] Sefaer HaChinuch Mitzvah 230
[4] Ahavas Chsed Chapter 9 Section 11
[5] Shulchan Aruch Choshen Mishpat Siman 339 Seif 10
[6] Baba Metizah 121b
[7] Shulchan Aruch Choshen Mishpat Siman 339 Seif 7
[8] Baba Metziah 94a
[9] Shach Choshen Mishpat Siman 339 Seif Katan 2
[10] Ritva 111b and the Meiri
[11] Mishnas Yaavetz Siman 45 and Shut Shul UMeshiv Volume 6 Seif 1
[12] Ahavas Chesed Chapter 10 Nesiv HaChesed Seif katan 24
