Sefer HaChinuch ספר החינוך

To not delay the wage of a wageworker: That we not delay the wage of a wageworker, as it is stated (Leviticus 19:13), “you shall not lay over the salary of a wageworker with you until the morning.” And they, may their memory be blessed, said that this verse is referring to a day wageworker (Bava Metzia 110b). And the Torah extended the time of his payment the entire night, as it is stated, “until morning.” And we learned about a night wageworker from another place, that the time of his payment is the whole day, as it is stated (Deuteronomy 24:15), “On its day you shall give his wage, and the sun should not set upon it.” And they, may their memory be blessed, explained (Bava Metzia 110b) that this verse is referring to a night wageworker. And the language of the Mishnah is “A day wageworker collects the whole night, and a night wageworker collects the whole day.” And even though two verses came about this commandment, they are only one commandment; and the one is stated to complete the law of the commandment. And we should not count that which the Torah has come to complete the law of a commandment [to be a commandment] on its own. And the content of this commandment — that we not delay payment to the wageworker, but rather we pay him at a set time — that is the principle of the commandment. And with the two negative statements mentioned about it, we knew when is the time of the payment of wageworkers — whether a day wageworker or a night wageworker. And remember this principle [mentioned above] for all of the commandments; as it is a great principle in the calculation of the commandments. And it is a principle that two of the pillars of the world agreed about — Rambam, may his memory be blessed (Sefer HaMitzvot, Negative Commandments 238), and Ramban, may his memory be blessed.

It is from the roots of the commandment [that it is] because God, blessed be He, desires the preservation of Man which He created. And it is well-known that with the delay of nourishment, the body will be destroyed. And therefore we were commanded to give the wage of the wage earner — as “he urgently depends upon it,” to sustain himself from it. And it appears that therefore did He place the limit of its time to be one day and not more — as it is the way of people to sometimes fast for a day. And explicitly did the verse give a reason for the thing, in its stating (Deuteronomy 24:15), “he urgently depends upon it.” And even though they, may their memory be blessed, expounded it for a different matter, its simple understanding implies that which we wrote.

From the laws of the commandment are that which they, may their memory be blessed, said (Bava Metzia 110a) [that] it is one whether it is the wage for a person or the wage for an animal or for vessels — [for them all, he transgresses] on account of “You must pay him his wages on the same day” and on account of, “do not lay over.” And so [too,] that which they, may their memory be blessed, said (Bava Metzia 110a) that a day hourly wageworker collects the whole day and a night hourly wageworker collects the whole night. A monthly wageworker, a weekly wageworker, a yearly wageworker, a seven-year wageworker — [if] he leaves during the day, he collects [that] whole day, [and if] he leaves during the night, he collects [that] whole night. And [also] the law of one who gives his cloak to a craftsman — when he has finished it and informed him — the whole time that it is in the hand of the craftsman, he does not transgress; if he gave it to him and [the owner] did not pay him on the day that [the craftsman] gave it to him, he has transgressed. As contractual work is like wage work — so did they, may their memory be blessed, explain.

And [also] the law of an agent who hired wageworkers, who [is it that] transgresses on account of “do not lay over” — he or the owner — that everything goes according to the expression that he [used] with the workers. And that which they said (Bava Metzia 110a) that the employer only transgresses at the time that the wageworker claims [the wage from] him and he does not give it to him, but if he does not claim [it from] him, he does not transgress. [(Scribal) emendation: Or if he claimed (it from) him and he did not have with what to pay, and he does not find someone who will lend to him, he does not transgress. To here (is the emendation).] And so [too,] if he assigned to the worker that someone else pay him and the worker accepted, the employer is exempt, even though the other one did not pay him later. And that which they, may their memory be blessed, said (Bava Metzia 110b), that one who delays the wage of a wageworker until after its time — even though he has already transgressed a positive commandment and a negative commandment — he is obligated to give [it] to him as soon as he demands it. And all the time that he delays his payment — even after the time — he transgresses a negative commandment from the rabbis, may their memory be blessed; and they based it on this verse that is written (Proverbs 3:28), “Do not say to your fellow, ‘Go, and come back, etc.’” And [also] the law of the wageworker, that he makes an oath (that the money is still owed) and takes [it], so long as he claims his wages within its time — and even if the wageworker was a minor, he too makes an oath and takes — and they, may their memory be blessed, gave a reason for this (Bava Metzia 112b): since the [employer] is preoccupied with his workers. [These] and the rest of its details are elucidated in the ninth chapter of [Bava] Metzia. (See Tur, Choshen Mishpat 339.)

And it is practiced in every place and at all times. And one who transgresses it and delays the wage of a wageworker until after the set time has violated a positive commandment and violates a negative commandment. But we do not administer lashes for this negative commandment, since it is given to repayment — as behold, he is obligated to pay his wage at all times. And they, may their memory be blessed, said (Bava Metzia 111a) about one who suppresses the wage of a wageworker that he transgresses on account of, “do not oppress,” “do not rob,” and “do not lay over,” and on account of “the sun should not set upon it.” And they said (Bava Metzia 111a) about a resident alien that, “On its day you shall give his wage” [applies to] him, but we do not transgress, “do not lay over,” with him. And this law of the resident alien is explicit in the Mishnah of the chapter [entitled] HaMekabel. And Rambam, may his memory be blessed, wrote (Sefer HaMitzvot, Positive Commandments 200) that the law is the same with [any] Noachide.