A day worker finishes work at sunset. When must he be paid to avoid violating the negative commandment?
A day worker may collect his wages throughout the entire following night. The verse states: 'Do not hold the wage of a worker overnight until morning.' Failing to pay before the next morning violates the prohibition.
Question 2
An employer tells his agent: 'Hire workers at 3 zuz.' The agent tells the workers: 'The employer is responsible for your wages.' The employer does not pay. Has the employer transgressed the prohibition of holding wages?
When the agent explicitly tells workers 'the employer pays,' neither party transgresses: the employer didn't directly hire them, and the agent has no personal benefit from their labor. Both are exempt as long as the employer pays when demanded.
Question 3
A worker was hired with witnesses. He demands payment on the day his wages are due. The employer claims he already paid. What is the ruling?
When a worker hired with witnesses demands his wage on time, the Sages gave him a special dispensation: he takes an oath (holding a sacred object) and collects. The worker is considered to be 'risking his soul' for his wage — a special leniency.
Question 4
A worker and employer dispute the agreed wage amount — worker says 3, employer says 2. What is the ruling?
Amount disputes (unlike payment disputes) are not subject to the special worker's oath leniency. Standard rules apply: the claimant (worker) must prove his claim. If he cannot, the employer takes a solemn oath confirming the lower amount — a rabbinic protection so the worker doesn't leave dejected.
Question 5
When a worker takes the special oath to collect unpaid wages, can the employer add on ('gilgul') unrelated claims to the worker's oath?
The worker's special oath is designed as a leniency — he simply swears he wasn't paid and collects. The Rambam rules that there is no gilgul (piggyback) of unrelated claims onto the worker's oath. The court invites him to swear and collect without burdening him with additional obligations.