As an introduction to this issue we will loosely translate the words of the Chofetz Chaim in his introduction to these halachos.[1]

The mitzvah of paying workers on time is something which stands at the height of the world. Many lavin are transgressed when one does not do this properly. One has an obligation to pay a worker even if the worker is very rich. Many people who have nice middos and are careful with other mitzvahs are very lax with this mitzvah and do not take it seriously. The reason for this is a lack of knowledge regarding these halachos. Therefore, it is very beneficial to discuss them so that after going through these halachosone will know what the correct manner to act is.

 

The Source

The Torah lists the issur of holding back workers wages in a number of places.[2] The issur is known as bal tolin.[3] There are six Torah commandments that deal with paying a worker his wages.[4]

 

The Reason – Reward

The Chinuch[5] says that Hashem wants his creations to live. If one does not have food to eat, he can not live. Therefore, one has to be paid on time in order to buy food.

 

The word Shabbos (in Hebrew) stands for (when the letters are mixed around) b’yomi titen sechar.[6] Some say because of this mitzvah one merits a neshoma yeseira.[7] Thismitzvah is a great mitzvah and one should be very careful with it.[8]

 

The Arizal was careful not to daven mincha without making sure to pay his worker.[9] The Chofetz Chaim would run before Shabbos in order to make sure that his worker was paid on time.[10]

 

Not keeping it properly

One who does not pay his workers at all but keeps the worker’s money for himself causes a great chilul Hashem,[11]  and is regarded as if he is taking away the worker’s life.[12] In addition, some say Hashem will lessen his years in this world.[13] One who holds back even a small amount like a peruta has transgressed this issur.[14]

 

First Morning

The issur of bal tolin is only until the first time period when payment was supposed to be made,[15] but other issurim may exist.

 

The Different Times

A day worker who finished his work at night, must be paid by the ba’al habayis before alos hashachar.[16] A worker who was hired to work at night and finished his work byalos hashachar can be paid until shekia.[17] One who did not pay him before shekia should be careful to pay him before tzeis hakochavim.[18] One who worked for a couple of hours by day should be paid before sunset.[19] A worker who works all night may be paid by the owner a whole night.[20] Those who hold like the opinion of Rabbeinu Tamwith regard to shekia should hold like the opinion of the G’ra (which is much earlier) in regard to bal tolin.[21]

 

On Erev Shabbos, where the custom is to refrain from work before shekia, the boss should pay his workers before shekia.[22]

 

There is a discussion in the poskim if the boss is in Eretz Yisroel and the worker is in America whose work day determines when payment is given?[23] L’maseh, it seems that we go according to the workers day.[24]

 

An example of a worker who is a night worker and has to be paid before alos hashachar is a babysitter.[25] Examples of workers who work a couple of hours by day and have to be paid before shekia are a dentist, painter, or taxi driver.[26]

 

Condition

Today the common custom is to hire a worker and pay them on a bi-monthly or monthly bases. One who is getting paid every month should be paid on the last day of the month[27] unless one made a condition with his workers that they will accept payment on a different day.[28] The worker does not have to ask at the end of every payment period since it is known that this is when the employer pays.[29] Although a condition helps to avoid transgressing any issur, one is not fulfilling the mitzvah of paying a worker on time in this situation.[30] According to the Zohar no mechilah helps in this inyun.[31] One should not tell his worker that he is making a condition in order not to transgress bal tolin.[32]

 

This is common with a babysitter. Before hiring a babysitter one should inform the babysitter that she will not be paid that night. If the babysitter accepts this then there is no problem of bal tolin.[33]

 

Type of Workers

The issur of not paying workers refers to any worker, rich or poor,[34] and even to a worker who only does light work for you.[35]

 

Utensils and Land

The issur also applies to payments for rental of utensils, such as furniture, equipment, cars, clothing and animals.[36]

 

Many times the money paid for rentals is paid in advance and therefore not subject to the halachos of bal tolin.[37]

 

According to the opinion of most poskim the issur also refers to rent due on a building (land)[38] for example, a hotel room. This is very common when one rents a summer home or bungalow for the summer. He must make sure to pay when the rent is due.[39] The same is true when renting a hotel room.[40]

 

Whom does it apply to?

The halachos of paying workers on time applies to men and women alike.[41]

 

Non-Jew – many say that the issur does not apply to a non-Jewish worker;[42] however, some were careful about this issur even to a goy since a chillul Hashem may be involved.[43] Although others say mi’ikar hadin this issur applies to a non-Jew as well,[44] the custom is not like this opinion.

 

Kollel – There is a discussion in the poskim if someone learning in kollel must be paid on time as well.[45]

 

Mechalel Shabbos – a Jew who disgraces the Shabbos should still be paid on time.[46]

 

Apikores – this halacha does not apply when paying an apikores.[47]

 

Young boy or Girl – one who has a young boy (under bar-mitzvah) or a young girl (under bas-mitzvah) working for him must pay them on time.[48] This has ramifications in regard to a babysitter. One who has the same babysitter on a steady basis does not have to pay her at the end of every night etc since it is assumed that she does not expect it. One who has a babysitter for one night should be careful to pay her on time.[49]

 

Another area which this applies to young children is in the following case. Many times one tells a young boy or girl (it would not apply to his own children) if he does this and this for me I will give you a toy. One must give the gift to the child that day. Not giving them the present on that day is ossur.[50]

 

Paying Before

There are some who are stringent and maintain that one who pays a person before the work is completed has not fulfilled the mitzvah of paying workers on time. For example, one should not pay a cab driver for his ride until he has reached his destination.[51]

 

If a mikvah is strict about when to pay, then the mikvah charges are subject to bal tolin.[52] If this is the case, it would seem that one should pay after he leaves in order to fulfill the mitzvah of paying on time.[53] If there is a sign which says “you must pay before using the mikvah” then do so, but have in mind that the money is not koneh until you are finished.[54]

 

 

 

What to Pay with?

One who does not have all the money to pay his worker must still pay his worker with whatever money he does have.[55] People are not careful with this and it has to be corrected.[56]

 

Check

Since the accepted custom in America is to pay by check, a boss may pay his worker with a check.[57] Normally an employer would not be able to pay his worker with a post-dated check,[58] but if the worker agrees then one may pay his worker with a post-dated check.[59] Although a check may be used to pay a worker there are certain jobs where a check is not used to pay for the services rendered. For example, one must pay cash to a barber for a haircut or a cab driver for his ride.[60]

 

According to some poskim one is permitted to pay his worker with a check if the worker is able to cash the check (the bank is opened).[61] Others say one may pay with a check even if the bank is closed.[62] If the bank is opened and the worker does not redeem the check then it was still a valid payment on the employer’s side.[63] If the check bounced then there is bal tolin.[64] Although some say one may not pay with a credit card,[65] the custom seems to be lenient with this.

 

In Eretz Yisroel one is allowed to pay his worker with dollars since it is accepted all over.[66] However, one would not be able to pay a worker in the United States usingIsraeli Shekalim.

 

Food stamps may not be used as a payment for a worker.[67]

 

Collateral

There is a discussion in the poskim if giving a worker collateral will exempt the boss from the issur of bal tolin.[68]

 

Employer Has No Money

Many times it can happen that the employer does not have any money to pay his employee and the question is often asked if the boss has transgressed the issur of paying one’s workers on time.

 

An employer who does not have money to pay his workers does not transgress the issur of paying workers on time.[69] Some say it is a midas chasidus for the employer to borrow money in order to pay his workers on time,[70] while others say the employer is required to do so.[71] If the owner has marketable assets then he should sell them in order to pay his workers.[72] However, the custom is not like this.[73] One who has a large check should cash it in order to pay his workers with it.[74]

 

One should not hire a worker if he knows that he will not have enough money to pay him.[75]

 

Money Sent by Mail

If the employer sent the money by mail and it came later than the accepted date the employer is subject to bal tolin. If the worker agreed to have the payment sent by mail then there is no bal tolin even if it is late.[76]

 

Asking For the Money

An important rule in the halachos of paying one’s worker on time is that the employer has not transgressed the issur if the worker did not ask for his money.[77] The reason why the worker has to ask is because otherwise the employer may assume the worker is mochel the money.[78] According to the Zohar even if the worker does not ask for the money the employer has to give it to him.[79] A worker is not allowed to ask for the money before the time to be paid arrives.[80] If he asked for his money after the normal time he gets paid then there is no bal tolin.[81] If the worker stands there waiting for his money but is too embarrassed to ask for it, that is considered asking for the money.[82]

 

If the worker asked for his money at the beginning of the month (because that was his pay date), he does not have to ask for it at the beginning of every month.[83]

 

If the worker sent a messenger to ask for the money on his behalf then it is as if the worker asked for the money.[84]

 

The employer does not have to go to the worker’s house to pay him,[85] but he can call him to tell him that he can come and collect the money.[86]

 

Wishes to Wait

If the worker asked for money but he is willing to wait then there is no bal tolin.[87] However, if the owner does not ask for the workers consent but says to the worker “I will pay you next week” then there is bal tolin.[88]

 

Paying in Advance

If the employer pays in advance then there is no bal tolin because the worker agreed to the form of payment.[89] However, the employer does not fulfill the mitzvah of paying his worker on time.[90]

 

Have Money Ready Beforehand

In order to avoid problems of paying one’s worker late, one should have his worker’s wages ready before he hires the worker.[91] One who will be leaving the house and there is cleaning help should leave money with someone who is in the house in order to pay her when she is finished.[92]

 

Messenger

Another rule regarding the halachos of paying a worker on time is if one hires a worker through a messenger then the boss will not transgress the issur of bal tolin if the wages are not paid on time.[93] Many sages had the custom to hire workers through messengers in order not to transgress the issur of bal tolin.[94] This is very common when an employment agency is the one who gives jobs to people to work in different places.[95] Some say one still transgresses the issur of the money “waiting” by the boss, and if one uses a messenger to hire workers he does not fulfill the mitzvah of paying workers on time.[96]

 

The poskim give a reason why we do not say a messenger is like the person who sent him and therefore, the issur of bal tolin should apply.[97] The Tosfas Rid[98] says when the worker does not see the boss hiring him then he does not expect to be paid on time.

 

There is an uncertainty if a woman can hire someone and make her husband transgress the issur of bal tolin because of the klal “one’s wife is like himself.”[99] Some say he would be o’ver the issur.[100]

 

There is no bal tolin on a public institution since there is no single employer.[101]

 

Some say a secretary who hires a worker for her boss is not considered a messenger, but it is like the boss himself hired the worker and there is bal tolin.[102] The same is true if a worker was hired through writing (i.e. mail),[103] or by telephone.[104]

 

Hiring a Craftsman

There is a discussion in the poskim if a kablan (craftsman) is included in bal tolin if one were to pay him later.[105] The consensus is that he is included in this issur and one may not pay him late if he wants to avoid this issur.[106] Included in this category are plumbers, tailors and electricians, and therefore one must be careful to pay these people on time.

 

One important factor is that as long as the craftsman has your item (i.e. tailor) then there is no bal tolin.[107] Some say the reason is because if the craftsman did not give you the product then he is mochel on getting paid on time.[108] For example, if one gave his car into fix to the mechanic and the car is ready there is no bal tolin as long as it is by the craftsman. Even if the craftsman informs the customer that the article is ready to be picked up, there is no bal tolin since the article is in the craftsman’s hands (unless he makes reference to the money he wishes to be paid).[109] Once the craftsman brings the item to the customer [110]  or the customer picks it up there is bal tolin.[111]

 

If a craftsman makes a custom shirt from his own material then it is a sale and he is not considered hired.[112] A craftsman who comes to your house to fix something and uses some of his own screws and other pieces then it is considered a sale and no bal tolin.[113]

 

Employer Known to Pay on a Certain Day

The issur of bal tolin does not apply if a worker knows that his future boss pays only on a certain day, since it is as if he agreed beforehand to accept late payment.[114] In addition, an employer is not subject to bal tolin if he did not make arrangements with his worker regarding when he will get paid.[115] This is very common when people work on an hourly basis, and they do not hand in their hours, but once they hand in their hours the boss should make arrangements with the worker as soon as possible.[116]

 

Since a waiter for a kiddush knows that he is not getting paid until after Shabbos there is no bal tolin.[117]

 

Telling a Third Party to Pay

The employer may tell a third party to pay his workers and he is not subject to the halachos of bal tolin.[118] The third part is not either o’ver on bal tolin.[119]

 

Sending a Bill

Many times one goes to an office for a visit and they say that they will send you a bill in the mail. One does not have to pay them at that time since it is a common practice to receive the bill in the mail. The reason is since it a common practice for a bill to be sent in the mail the doctor etc does not accept the payment until the bill comes.[120] Some say one does not have to pay the bill right when he receives it, but whatever is the accepted practice is what one should do[121] (unless the bill requires a particular payment date).

 

Shadchan

There is a discussion in the poskim if a shadchan’s fee is subject to bal tolin.[122]

Reward in this World

Even though there are many times when bal tolin does not exist, when one pays his worker etc on time he fulfills a mitzvahs assei of “b’yomi titen sechar.”

 

We all know that in this world one does not get paid for mitzvahs.[123] The question is why not? There is a mitzvah of bal tolin so how can we not get paid for our mitzvahsright away?[124]

 

Some say Moshe was a messenger in giving us all of the Torah except for two mitzvahs so Hashem does not have to pay us since there is no bal tolin when there is a messenger involved. [125]

 

The Chasam Sofer says since we have to do mitzvahs all our life and we never finish doing mitzvahs, there is no bal tolin.[126]