“You must not withhold the wages of a poor or destitute employee, whether of your brothers or of strangers, in your land or in your cities. You must give him his wage on his promised day—the sun must not set on it, because he is poor, and he risks his life to earn it—that he not cry out to G-d against you, and this sin be counted against you.” Devarim (Deuteronomy) 24:14-15
This week's Parashah, Ki Teze, contains 74 mitzvot (commandments), the most of any Torah portion. It covers family rules, social justice, and kindness to animals. In this article, I decided to focus on one, the prohibition of withholding wages, as expressed in the quoted verses above.
It was one of the most
cardinal values instilled in me from a very early age.
“When you engage someone to
perform a task for you,” my mother repeatedly taught me, “you should pay that
person promptly. For instance,” she always used the same example, ”if you bring
your shoes to a shoemaker to be repaired, just know that while he carries out
his chore, he is already thinking what to do with the money you will pay him.”
What my mother emphasized is
what our Torah commands us, and not just in this Parashah.
Previously, in Parashat Kedoshim,Vayikra (Leviticus), verse 19:14 states, “You shall not leave [with you] the payment of a worker overnight until the morning. The Torah recognizes that, often, a worker, whoever he is, is in urgent need of his wages, be it to feed his family, pay for his children’s education or any other obligations that he or his family might have.
The Talmud addresses the
Halachah of the payment of workers. According to it, the verse in Vayikra refers
to a day worker who completes his work at the end of the day. In this case, the
employer is compelled to pay him before sunrise of the next day. (Bava-Metzia, chapter 9, 110b)
The second verse, from
Devarim, the sages assert, refers to a night worker who completes his work at
daybreak, in which case, the employer is required to pay him before the
following nightfall. (Bava-Metzia, chapter 9, 111a)
For Ramba”n, the withholding
of a worker’s wages is a far more serious issue than an ordinary financial dispute. Ramba”n bases it on the relationship between the verses in Vayikra and
Devarim to present a practical reality. Since a labourer usually finishes his
work at the end of the day, it is only natural that he needs the money that
very evening “so that with his wages he can purchase for himself, his wife, and
his children what they will eat at night, for he is poor, as are most who hire
themselves out.” (Mikraot Gedolot Haketer, Ramba”n on Devarim 24:15) For
Ramba”n, delaying payment can threaten the worker’s physical existence.
Ohr HaChaim (Rabbi Chaim ibn
Attar 1696-1743) takes this directive to a different level. He questions the
Torah’s use of extremely severe language at what seemingly appears to amount to
no more than a monetary theft. In response, Ohr HaChayim shifts attention to
the moral and spiritual consequences it carries, for the employer. As the latter part of
Devarim 24:15 suggests, there is a golden moral thread that connects the
employer, the defenseless worker and G-d. The vulnerable worker cries to G-d,
who then holds the employer accountable before Him. It is, as we learn from this verse, a sin against G-d.
Another explanation, a more
positive and encouraging one, is offered by the Zohar. Mitzvot, it suggests,
should be carried out on the day that the opportunity to fulfill them arises.
It, therefore, asserts that the mitzvah of paying wages to one’s worker should
not be put off to the next day. (Zohar, Kedoshim 85a)
Shabbat Shalom. Hope we all have a great week, filled with
opportunities to fulfill Mitzvot, ahead.
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