Translation:Shulchan Aruch/Choshen Mishpat/339

Paragraph 1- There is a mitzvah to pay a worker on time. If the employer delays, he has violated a negative commandment. This applies to payment for a person, animal or vessels. With respect to land rentals, however, there are those who say he would not violate the commandment.

Paragraph 2- Anyone who withholds payment for a worker is as if he took the worker’s soul, and he violates five negative commandments and one positive commandment.

Paragraph 3- What is considered on time? If the worker was a day-worker, the employer can pay him the entire night. If he does not pay him, he violates the commandment of “do not withhold” in the morning. If he is a night-worker, he can pay him the entire day. If he does not pay him, he would violate “you shall give him his wages on that day,” in the evening. In the case of our workers who do not work until the night, once the sun sets, the employer would violate “you shall give him his wages on that day.” If he worked until the night, the employer has all night to pay, even though he did not explicitly hire him for that because he certainly was hired with that understanding.

Paragraph 4- An hourly worker whose work completed during the day can be paid all day. If his work completed at night, he can be paid all night.

Paragraph 5- In the case of a weekly-worker, monthly-worker, annual-worker and a seven-year cycle worker, if he finished his work during the day, he would collect payment that whole day. If he completed at night, he would collect that whole night.

Paragraph 6- If one gave his garment to a craftsman to repair as a contractor, and the craftsman completed the work, so long that garment is in the craftsman’s possession, the owner would not violate a commandment. If the craftsmen gave it to him, as soon as the sun sets the owner would violate “do not withhold,” even if it was halfway through the day, because contracting is like employing with respect to paying on time.

Paragraph 7- If one tells his agent to hire workers for him and he does so, and the agent told the workers that the employer would be responsible for their wages, neither the employer nor agent could violate “do not withhold.” The employer would, however, violate, “do not tell your friend go and return,” if the employer was not busy and just intended to push him aside. If the agent did not say the employer is responsible for their wages, even if he did not say he is personally responsible but just hired them without specifying, he would be responsible for paying them and thus he could violate “do not withhold.” If the workers know the work is not being done for the agent, however, the agent would not be liable where he hired them without specification.

Paragraph 8- Once the time has passed, the employer would no longer violate “do not withhold.” He is still required to pay the worker immediately. Every moment he delays he violates a rabbinical commandment, as the verse states, “do not tell your friend. . .”

Paragraph 9- If the worker is familiar with the employer and knows the employer does not generally have money on him except on the market day, the employer would not violate “do not withhold,” even if he has money. If he does not pay him from the market day and on, he would violate, “do not say to your friend.” The same is true for those who do not typically pay until they make a calculation with the workers. They would not violate until they made the calculation.

Paragraph 10- An employer does not violate “do not withhold” unless the worker makes a claim. If the worker did not make a claim, or he made the claim but the employer did not have money to give him, or the employer directed him to a moneychanger to give him and the moneychanger agreed to give him, the employer would not violate the commandment, even if the moneychanger does not have any of the employer’s money. If the worker wants, however, he may retract and not accept from the moneychanger but from the employer. If they made a kinyan from him, he would not be able to retract.

Paragraph 11- The laws of a worker swearing and collecting were discussed in Siman 89.