פרשת כי תצא תשכ"ד - איסור הלנת שכר שכיר

Thou shalt not oppress a hired servant that is poor and needy, whether he be of thy brethren, or of thy strangers that are in thy land within thy gates.

In the same day thou shalt give him his hire, neither shall the sun go down upon it; for he is poor, and setteth his heart upon it: lest he cry against thee unto the LORD and it be sin in thee.

Thou shalt not oppress thy neighbour, nor rob him; the wages of a hired servant shall not abide with thee all night until the morning.

עד בקר UNTIL THE MORNING — Scripture speaks here of a person hired for day-work (שכיר יום) whose departure from work is at sunset. The time for drawing his wages is therefore the whole night (and the law is not infringed provided he pays it before the moment of day break). In another passage (Deuteronomy 24:14) it states, "the sun shall not go down upon it (the man's wages)”. There, however, it is speaking of one hired for night-work (שכיר לילה) the end of whose period of work is at day break, therefore the time for drawing his wages is the whole day (but it must be done before sunset). The reason why he has the whole night or whole day to pay the wages is because the Torah gives the employer the time of one "Ona" (one half of the astronomical day; cf. for the meaning of the word Niddah 65b) to endeavour to obtain the money he requires for paying the wages (Bava Metzia 110b).

In the same day thou shalt give him his hire, neither shall the sun go down upon it; for he is poor, and setteth his heart upon it: lest he cry against thee unto the LORD and it be sin in thee.

The Gemara asks: And what does the other Sage, the second tanna, derive from this verse? The Gemara responds: That verse is necessary for that which is taught in a baraita: The expression “for he sets his soul upon it” explains why one must be so precise when paying a laborer his wages: For what reason did this laborer ascend on a tall ramp or suspend himself from a tree and risk death to himself? Was it not for his wages? How, then, can his employer delay his payment? Alternatively, the words “for he sets his soul upon it” teach that concerning one who withholds the wages of a hired laborer, it is as though he takes his soul from him. Rav Huna and Rav Ḥisda disagreed over the meaning of this statement. One says it is referring to the soul of the robber, meaning that one who steals from a hired laborer by delaying payment of his wages causes Heaven to remove his own soul, and one says that he takes the soul of the robbery victim, meaning that one who steals from a hired worker causes the death of the worker. The Gemara cites proof for these two opinions. The one who says it is referring to the soul of the robber bases his opinion on a verse, as it is written: “Do not rob from the weak because he is weak, nor crush the poor in the gate” (Proverbs 22:22), and it is written immediately afterward: “For the Lord will plead their cause, and spoil the soul of those who spoil them” (Proverbs 22:23). This indicates that God will take the soul of one who steals from a poor person. And the one who says it is referring to the soul of the robbery victim bases his opinion on a verse, as it is written: “So are the ways of everyone who is greedy for gain; it takes away the life of its owners” (Proverbs 1:19). A robber is considered as if he removed the very soul of his victim.

In the same day thou shalt give him his hire, neither shall the sun go down upon it; for he is poor, and setteth his heart upon it: lest he cry against thee unto the LORD and it be sin in thee.

ואליו הוא נשא את נפשו means, for the sake of this hire he exposes his life even unto death: he climbs up a steep staircase or hangs on to a high tree to do his work (Sifrei Devarim 279:3; Bava Metzia 112a).

ואליו הוא נושא את נפשו, for his very soul is in dire need of it (so that he can buy food to sustain himself). He had put himself at risk working (instead of begging) in order to receive his wages. We find a verse with a similar message in Hoseah 4,8 חטאת עמי יאכלו ואל עונם ישאו (נפשם). “The priests are dependent on the meat from the sin offerings, so that they actually hope for the people to sin so that they will be provided with such meat by being instrumental in obtaining expiation for the sinners.”

In the same day thou shalt give him his hire, neither shall the sun go down upon it; for he is poor, and setteth his heart upon it: lest he cry against thee unto the LORD and it be sin in thee.

Thou shalt not oppress thy neighbour, nor rob him; the wages of a hired servant shall not abide with thee all night until the morning.

How much can the sela lack [in weight] and it not be considered fraud? R. Meir says: Four issarin [at] one issar per dinar. R. Yehudah says: Four pundionot, [at] one pundion per dinar. R. Shimon says: Eight pundionot, [at] two pundionot per dinar.

ומקדשי תיראו AND YE SHALL REVERE MY SANCTUARY — This implies that one should not enter it with his staff in hand or in his shoes, or with his money belt or with the dust on his feet (all signs of irreverence) (Sifra, Kedoshim, Chapter 7 9; Berakhot 54a; Yevamot 6b). But — says God — although I warn you with regard to the reverence due to the Sanctuary, yet — את שבתתי תשמרו YOU SHALL KEEP MY SABBATHS — not even the erection of the Sanctuary can set aside the Sabbath law (Sifra, Kedoshim, Chapter 7 7; Yevamot 6a; cf. Rashi on Exodus 35:2).

ולא ירא AND HE FEARED NOT — Amalek feared not אלהים GOD so as to refrain from harming you (Sifrei Devarim 296:7).