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BAVA METZIA 111 - Dedicated by Mrs. G. Kornfeld for the ninth Yahrzeit of her mother, Mrs. Gisela Turkel (Golda bas Chaim Yitzchak Ozer), on 25 Av 5770. Mrs. Turkel an exceptional woman with an iron will who loved and respected the study of Torah.
If someone requests that his friend hire workers for him and his friend tells the workers that the Ba'al ha'Bayis will pay their wages neither of them transgress the prohibition of Bal Talin (delaying payment to a worker). (1)
If someone hires workers for himself but he directs them to his friend's field he must pay them their wages and he collects from his friend the amount that he benefited.
Te Ba'alei Batim of Sura do not transgress the prohibition of Bal Talin because the workers know they won't receive money until the day of the Shuk. (2)
Rav says a person who works by the hour if he works during the day he must be paid by the end of the day and if he worked at night he must be paid by the end of the night.
Shmuel says if he works by day he must be paid by the end of the day, but if he works at night he may be paid by the end of the next day.
If someone was working by the week, month, year or seven year period if his work ends during the day he must be paid by the end of the day if his work ends at night he must be paid before the end of the next day. (3)
There are five Lavim and one Aseh which apply to someone who delays paying a worker. (4)
Abaye says Oshek is when the Ba'al ha'Bayis claims he never hired the worker in the first place and Gezel is when he claims he already paid them.
Rava says Oshek and Gezel are one and the same and the Torah separates them into separated Lavim so that he will have transgressed two Lavim.
If the worker doesn't claim his wages the Ba'al ha' Bayis doesn't transgress the prohibition of Bal Talin.
If the Ba'al ha'Bayis instructs his workers to collect their wages from a storekeeper or money changer the prohibition of Bal Talin doesn't apply.
A worker who claims his wages on the day that it is due may swear that he didn't receive his wages and he collects.
If the worker claims the wages after the due date has passed he may not swear and collect unless witnesses testify that he made a claim before the due date passed.
The Tana Kama of the Beraisa holds that all of the prohibitions of delaying payment to a worker applies to a Ger Tzedek and Ger Toshav and applies to hiring a person or renting animals or utensils.
R. Yosi Bar Yehudah holds that only the Aseh of paying a worker on the same day applies to a Ger Toshav but the Lav of Bal Talin doesn't apply and regarding renting an animal or utensils only Bal Ta'ashok applies.
R. Yishmael agrees with R. Yosi Bar Yehudah that only the Aseh of paying a worker on the same day applies to a Ger Toshav but he holds that the all of the prohibition applies to renting an animal or utensil.
If a Ba'al ha'Bayis owes two workers money and one is poor and one is rich if he only has money to pay one of them he should pay the poor person first.
If he owes money to a poor person and an extremely poor person he should pay the poor person first.
The prohibition of Gezel and withholding payment to a worker doesn't apply to a non-Jew.
Even if a worker was only hired to harvest one cluster of grapes the prohibition of Bal Talin applies.
A BIT MORE
1. The Ba'al ha'Bayis doesn't transgress the prohibition of Bal Talin because he didn't hire them and the Shali'ach doesn't transgress the prohibition because they aren't working for him.
2. When he workers were hired it was understood that they own't be paid until the day of the Shuk and since the Lav of Bal Talin doesn't apply on the day they complete their work even if he doesn't pay them on the day of the Shuk he also doesn't transgress the Lav, however he transgresses the Isur of Bal Tisheh (delaying payment to a debtor).
3. This Tana is in accordance with Shmuel who holds that a worker who completed his work during the night may be paid until the end of the next day, however Rav holds like R. Yehudah of the Beraisa who holds that he must be paid by the end of the night.
4. However not all of them apply at once because one Lav applies to a day worker while one Lav and Aseh applies to a night worker.
The Mishnah states if someone hires a worker who is a Ger Toshav the Aseh of paying a worker on the same day applies, but the prohibition of Bal Talin doesn't apply. The Aseh of paying a worker on the same day is a reference to a night worker and the prohibition of Bal Talin is a reference to a day worker. Consequently, if the Ger Toshav is a night worker there is an obligation to pay him on time, but not if he is a day worker. Te Pnei Yehoshua explains that although it is a Gezeiras ha'Kasuv that the prohibition of Bal Talin only applies to a Ger Toshav who is a night worker the reason may be because only a very poor person hires himself out at night and therefore there is a greater obligation to pay him on time. Moreover, although the Torah obligates a Ba'al ha'Bayis to pay a day worker by the end of the night however it is much more difficult for a Ba'al ha'Bayis to attain the requisite money at night if he doesn't have it on hand and the Torah only obligates him to attain the money if he hired a Yisrael not if he hired a Ger Toshav.
If someone requests that a Shali'ach hire workers for him and the Shali'ach hires them and tells them that the Ba'al ha'Bayis will pay their wages neither of them transgress the prohibition of Bal Talin, however the Ba'al ha'Bayis transgresses the prohibition of telling a person whom he owes money to go and come back if he is not busy and his intention is to push them off. If he didn't tell them that the Ba'al ha'Bayis will pay even if he didn't say that he will pay and he hired them Stam he is obligated to pay them and therefore the transgression of Bal Talin applies. However, if the workers know that they are not working for him he doesn't transgress the prohibition of Bal Talin if he hired them Stam. (Shulchan Aruch CM 339:7)
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