Common but Lesser-Known Laws Regarding 'On That Day You Shall Pay His Wages'

Asking a Child to Do a Task for a Treat

Question: When asking a child to perform a task in exchange for a treat, when must the treat be given?

Answer: The treat must be given before sunset if the task was performed during the day, and before dawn if the task was performed at night. If the treat is given after nightfall when the task was done during the day, or after dawn when the task was done at night, one transgresses the commandment of "on that day you shall pay his wages" and "you shall not withhold a laborer's wages."

Sources: When asking a child to perform a task and promising to give something in return, if one doesn't provide it on time (before nightfall when the task was done during the day, and before dawn when the task was done at night), one transgresses both a positive commandment ("on that day you shall pay his wages") and a negative commandment ("you shall not withhold a laborer's wages"). If one doesn't give what was promised at all, or even if short by just one penny, one transgresses five negative commandments and one positive commandment, and is disqualified from giving testimony according to Torah law (Ahavat Chesed 1:9:1, 2, 5, 10:13, Netiv HaChesed 9:16).

Notes: If one initially agreed that the treat could be given on another day, there is no transgression (Ahavat Chesed 1:10:12). Similarly, if it's clear that the child agrees to receive the treat on a different day, there is no transgression (Ahavat Chesed Netiv HaChesed 1:9:29) [See also Minchat Tzvi 2:2:11, Mishpat Shlomo p. 88].

Additions: Regarding a father who tells his son that if he cleans his room he will give him a treat, Rabbi Chaim Kanievsky's opinion is that the obligation of "on that day you shall pay his wages" applies. However, many poskim hold that this obligation doesn't apply since it involves one's own child (Summary of the Laws of Bal Talin and On That Day You Shall Pay His Wages, at the end).

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On That Day You Shall Pay His Wages Regarding Monthly Salary

Question: If an employer delays paying an employee their monthly salary, does he transgress "on that day you shall pay his wages" and "you shall not withhold a laborer's wages"?

Answer: If the agreed payment time is the last day of the month and the employee worked that night, the employer transgresses. But if the payment time is the first day of the following month (or later), he does not transgress.

Sources: Shulchan Aruch Choshen Mishpat 339:9, Ahavat Chesed 1:9:4, 12, Biur Halacha 242:1 "L'kavod."

Notes: Although this is written in Shulchan Aruch and by other poskim, the Meiri holds that one always transgresses (if payment isn't made on the agreed day). Since the poskim didn't see the Meiri's opinion, it's proper to be stringent like him (Shevet HaLevi 7:233:1) [See also Mishpat HaPoalim ch. 30 n. 91].

If the employer initially stipulated with the worker that payment might be delayed, then he never transgresses (Ahavat Chesed 1:10:12). Similarly, if it's clear that the worker agrees to a payment delay, there is no transgression (Ahavat Chesed Netiv HaChesed 1:9:29).

Additions: Nevertheless, there is a rabbinic prohibition of "bal teshaheh" [when delaying payment without the worker's consent] (Shulchan Aruch Choshen Mishpat 339:8, 9, Ahavat Chesed 1:9:12, Biur Halacha 242:1 "l'chabed"). It appears one transgresses this rabbinic prohibition every moment, though some say it applies only once per day (Summary of the Laws of Bal Talin and On That Day You Shall Pay His Wages 5:1).

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On That Day You Shall Pay His Wages Regarding Rented Items

Question: When renting a tool, clothing, or other movable item, does the mitzvah of "on that day you shall pay his wages" apply?

Answer: Both for hired labor and for rented movable items, the positive commandment of "on that day you shall pay his wages" and the negative commandment of "you shall not withhold a laborer's wages" apply.

Sources: Shulchan Aruch Choshen Mishpat 339:1, Ahavat Chesed 1:9:5, Netiv HaChesed 9:13, and see also Ahavat Chesed 1:9:11, Mishpat Shlomo p. 39.

Notes: For land rental, there is a disagreement whether the mitzvah of "on that day you shall pay his wages" and "you shall not withhold a laborer's wages" apply (Shulchan Aruch Choshen Mishpat 339:1, Ahavat Chesed 1:9:5). However, for house rental, one should be stringent and consider it like renting movable items rather than land, since it's something that was detached and later attached to the ground (Ketzot HaChoshen 339:1, Ahavat Chesed 1:9:5, Netiv HaChesed 9:15).

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A Worker Who Tells the Employer to Pay Tomorrow

Question: If a worker tells the employer after completing his work to pay him on another day, is the employer allowed to pay on that other day?