Sefer HaChinuch ספר החינוך

To give the wage of a wageworker on its day: To give the wage of a wageworker on its day; and we do not delay his wage to a different day, as it is stated (Deuteronomy 24:15), “You must pay him his wages on the same day.” And they, may their memory be blessed, elucidated in the ninth chapter of Bava Metzia 111a, that whether it is an Israelite wageworker or even a resident alien, there is an obligation to pay him on its day; but the negative commandment that comes upon this is not [applicable] with a resident alien.

What is elucidated in the verse is from the roots of the commandment — as, in general, every wageworker needs his wage for his sustenance. Therefore, it is not fitting to delay his sustenance; and like the matter that is written, “for he is needy and urgently depends on it.” And they, may their memory be blessed, explained (Bava Metzia 112a) [that] for this wage did he go up the ramp and suspend himself in the tree. And God, in His kindnesses, commanded us to train ourselves in the traits of mercy and kindness, and that we should bring the required portion to every creature in his time of need, in order that we merit and receive His goodness — as He is One Who desires to do good, as I have written many times.

From the laws of the commandment is that which they, may their memory be blessed, said (see Mishneh Torah, Hiring 11:1-2) [that] it is one whether it is the wage for a person or the wage for an animal or the wage for vessels — [for them all,] he is obligated to give [the wage] to its owners at its time. And what is its time? A day wageworker collects the whole night; and about this is it stated, (Leviticus 19:13), “the wages of a laborer shall not remain with you until morning.” And a night wageworker collects the whole day; and about this is it stated, “You must pay him his wages on the same day.” And 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 is paid [that] whole day, [and if] he leaves during the night, he is paid [that] whole night. And [also among its laws] is that which they said (see Mishneh Torah, Hiring 11:3) that contractual work is like wage work concerning this commandment — that once he has finished the work and returned it to its owners, [the employer] is obligated to give [the worker] his wage on that day. But if he did not return the work to its owners, [the employer] does not transgress [by delaying payment]. And it is like the matter that they, may their memory be blessed, said (Bava Metzia 112a), “One who gives his cloak to a craftsman — when he has finished it and informed him, even after ten days — the whole time that it is in the hand of the craftsman, he does not transgress.” And also what they said (see Mishneh Torah, Hiring 11:4) that the employer does not transgress unless the wageworker makes a claim against him; but if he does not make a claim or if [the employer] does not have anything with which to pay him, [the employer] does not transgress; as the verse only obligated him when he has it in his house or he can pay him [otherwise] — but if he is not able to pay him on the same day unless he loses much of his [property], the verse did not apparently obligate him to do so. And nonetheless, it is fitting that the money be in the hand of any intelligent person before he hires the workers. And [regarding] one who hires someone on the eve of the Shabbat and is pushed off from paying because of Shabbat, the law would be that he does not transgress the law of the Torah in this, as once it is pushed off, it is pushed off; but he is obligated rabbinically because of “do not say to your neighbor, ‘Go and come back.’” And the rest of its details are elucidated there in Bava Metzia [in the] ninth chapter.

And this is practiced in every place and at all times by males and females. And one who transgresses this and does not pay his wageworker according to the matter that we have written, has violated this positive commandment — besides having violated its negative commandment, as we will write in this Order, with God’s help (there is nothing about this in this Order, but it is likely that the reference is to what he writes in Parashat Kedoshim).