Turn to your discussion partner and introduce yourself if needed. Discuss the following questions and then we'll come back together in 10 minutes:
- What kinds of work did your family do when they first came to the United States? Do you know how they got into that line of work?
- How do you think that has influenced your family's attitude towards work?
- Think about your life: are or were you responsible for paying anyone's wages? At what points are you an employer and at what points are you an employee?
What seems to be the vision of work found in Genesis? How do you understand God working? What is the purpose, apparently, of the not-yet-created human? What is the relationship between work and Shabbat?
(8) A new king arose over Egypt who did not know Joseph. (9) And he said to his people, “Look, the Israelite people are much too numerous for us. (10) Let us deal shrewdly with them, so that they may not increase; otherwise in the event of war they may join our enemies in fighting against us and rise from the ground.” (11) So they set taskmasters over them to oppress them with forced labor; and they built garrison cities for Pharaoh: Pitom and Raamses. (12) But the more they were oppressed, the more they increased and spread out, so that the [Egyptians] came to dread the Israelites. (13) The Egyptians worked the Israelites befarech (ruthlessly, with rigor).
Some commentaries say that "befarech" means that the slave were made to do unnecessary work. What could it mean to create unnecessary work? Is this type of work ever appropriate? When?
(4) Jacob had Rachel and Leah called to the field, where his flock was, (5) and said to them, “I see that your father’s manner toward me is not as it has been in the past. But the God of my father has been with me. (6) As you know, I have served your father with all my might; (7) but your father has cheated me, changing my wages time and again. God, however, would not let him do me harm. (8) If he said thus, ‘The speckled shall be your wages,’ then all the flocks would drop speckled young; and if he said thus, ‘The streaked shall be your wages,’ then all the flocks would drop streaked young. (9) God has taken away your father’s livestock and given it to me. ... (36) Now Jacob became incensed and took up his grievance with Laban. Jacob spoke up and said to Laban, “What is my crime, what is my guilt that you should pursue me? (37) You rummaged through all my things; what have you found of all your household objects? Set it here, before my kinsmen and yours, and let them decide between us two. (38) “These twenty years I have spent in your service, your ewes and she-goats never miscarried, nor did I feast on rams from your flock. (39) That which was torn by beasts I never brought to you; I myself made good the loss; you exacted it of me, whether snatched by day or snatched by night. (40) Often, scorching heat ravaged me by day and frost by night; and sleep fled from my eyes. (41) Of the twenty years that I spent in your household, I served you fourteen years for your two daughters, and six years for your flocks; and you changed my wages ten times! (42) Had not the God of my father, the God of Abraham and the Fear of Isaac, been with me, you would have sent me away empty-handed. But God took notice of my plight and the toil of my hands, and He gave judgment last night.” (43) Then Laban spoke up and said to Jacob, “The daughters are my daughters, the children are my children, and the flocks are my flocks; all that you see is mine. Yet what can I do now about my daughters or the children they have borne?
How does Lavan, as an employer, appear in this piece? Does Lavan deny that he changes Yaacov's salary? Taken alone (ie, do not bring Yaakov's previous misdeeds to the picture) with whom do your sympathies lie? Why?
What do you think a handmill or millstone would be used for? Why would that be like taking someone's life?
What does it mean to pawn something? Why would people need to do that?
What are similar situations in today's world?
(י) כִּֽי־תַשֶּׁ֥ה בְרֵֽעֲךָ מַשַּׁ֣את מְא֑וּמָה לֹא־תָבֹ֥א אֶל־בֵּית֖וֹ לַעֲבֹ֥ט עֲבֹטֽוֹ׃ (יא) בַּח֖וּץ תַּעֲמֹ֑ד וְהָאִ֗ישׁ אֲשֶׁ֤ר אַתָּה֙ נֹשֶׁ֣ה ב֔וֹ יוֹצִ֥יא אֵלֶ֛יךָ אֶֽת־הַעֲב֖וֹט הַחֽוּצָה׃ (יב) וְאִם־אִ֥ישׁ עָנִ֖י ה֑וּא לֹ֥א תִשְׁכַּ֖ב בַּעֲבֹטֽוֹ׃ (יג) הָשֵׁב֩ תָּשִׁ֨יב ל֤וֹ אֶֽת־הַעֲבוֹט֙ כְּבֹ֣א הַשֶּׁ֔מֶשׁ וְשָׁכַ֥ב בְּשַׂלְמָת֖וֹ וּבֵֽרֲכֶ֑ךָּ וּלְךָ֙ תִּהְיֶ֣ה צְדָקָ֔ה לִפְנֵ֖י ה' אֱלֹקֶֽיךָ׃ (ס)
(יד) לֹא־תַעֲשֹׁ֥ק שָׂכִ֖יר עָנִ֣י וְאֶבְי֑וֹן מֵאַחֶ֕יךָ א֧וֹ מִגֵּרְךָ֛ אֲשֶׁ֥ר בְּאַרְצְךָ֖ בִּשְׁעָרֶֽיךָ׃ (טו) בְּיוֹמוֹ֩ תִתֵּ֨ן שְׂכָר֜וֹ וְֽלֹא־תָב֧וֹא עָלָ֣יו הַשֶּׁ֗מֶשׁ כִּ֤י עָנִי֙ ה֔וּא וְאֵלָ֕יו ה֥וּא נֹשֵׂ֖א אֶת־נַפְשׁ֑וֹ וְלֹֽא־יִקְרָ֤א עָלֶ֙יךָ֙ אֶל־ה' וְהָיָ֥ה בְךָ֖ חֵֽטְא׃ (ס)
(10) When you make a loan of any sort to your countryman, you must not enter his house to seize his pledge. (11) You must remain outside, while the man to whom you made the loan brings the pledge out to you. (12) If he is a needy man, you shall not go to sleep in his pledge; (13) you must return the pledge to him at sundown, that he may sleep in his cloth and bless you; and it will be to you tzedakah before the LORD your God.
(14) You shall not abuse a needy and destitute laborer, whether a fellow countryman or a stranger in one of the communities of your land. (15) You must pay him his wages on the same day, before the sun sets, for he is needy and urgently depends on it; else he will cry to the LORD against you and you will incur guilt.
- Two different cases are presented here. What are they?
- How is the first case (the pledge) similar to the pawn law regarding the handmill?
- What is similar in the two cases?
- Can you find a connection between the three cases?
- What are the two reasons given for why we should not "oppress needy and destitute laborer?"
- What is the added value of each reason?
(א) השוכר את הפועלים ואמר להם להשכים ולהעריב, מקום שנהגו שלא להשכים ושלא להעריב – אינו רשאי לכופן, מקום שנהגו לזון – יזון, לספק במתיקה – יספק, הכל כמנהג המדינה...
(1) The one who hires laborers, and said to them to get up early and to work late: in a place that they are accustomed to not get up early and work late, it is not permitted to force them, in a place that they are accustomed to receive food, he should feed; to supply with sweets, he should supply - everything goes according to local custom...
Have you ever experienced "local custom" as an advantage to you as an employee? As a disadvantage?
Have you ever experienced "local custom" as an advantage to you as an employer? As a disadvantage?
רבה בר בר חנן תברו ליה הנהו שקולאי חביתא דחמרא שקל לגלימייהו אתו אמרו לרב אמר ליה הב להו גלימייהו אמר ליה דינא הכי אמר ליה אין (משלי ב, כ) למען תלך בדרך טובים יהיב להו גלימייהו אמרו ליה עניי אנן וטרחינן כולה יומא וכפינן ולית לן מידי אמר ליה זיל הב אגרייהו א"ל דינא הכי אמר ליה אין (משלי ב, כ) וארחות צדיקים תשמור.
Some porters working for Raba bar bar Hanan broke a jug of wine. He seized their clothes. They came before Rav, and Rav said to Raba bar bar Hanan, “Give them their clothing.” Raba bar bar Hanan said to him, “Is this the law?” Rav said, “Yes, because of the principle ‘You should walk in the ways of the good,’ (Proverbs 2:20).” He gave them back their clothes. They said to him, “We are poor, and we troubled ourselves to work all day and we are needy—do we receive nothing?” Immediately Rav said to Raba bar bar Hanan, “Go, give them their wages.” He said to Rav, “Is this the law?” Rav said, “Yes—‘you should keep the ways of the righteous’ (Proverbs 2:20).
- What are the reasons given for treating workers well?
- Do you agree that disputes should always favor the worker? Why or why not?
- What might a modern expression of these texts be?
כדרך שמוזהר בעה"ב שלא יגזול שכר עני ולא יעכבנו כך העני מוזהר שלא יגזול מלאכת בעה"ב ויבטל מעט בכאן ומעט בכאן ומוציא כל היום במרמה אלא חייב לדקדק על עצמו בזמן שהרי הקפידו על ברכה רביעית של ברכת המזון שלא יברך אותה וכן חייב לעבוד בכל כחו שהרי יעקב הצדיק אמר כי בכל כחי עבדתי את אביכן לפיכך נטל שכר זאת אף בעולם הזה שנאמר ויפרץ האיש מאד מאד:
Moses Maimonides, Mishneh Torah, Hilchot S’chirut 13:7
Just as the employer (literally: householder) is cautioned not to steal or delay the salary of the poor [worker], so too must the poor person be careful not to steal the work of the owner by wasting a little time here and there until the entire day is filled with fraud. Rather, they should be careful about time. For this reason, the rabbis specified that workers do not need to recite the fourth blessing of Birkat HaMazon [the Grace After Meals]. Similarly, the worker is obligated to work with all of their strength, for behold, Jacob the righteous said [to Rachel and Leah, the sisters he earned the right to marry by working for their father for many years] “I have served your father with all my might.”
- What does this text say about a workers’ obligations to their employer?What is the significance of choosing Yaacov as a model worker?
אהוב את המלאכה. כיצד? מלמד שיהא אדם אוהב את המלאכה ואל יהיה [אדם] שונא את המלאכה שכשם שהתורה נתנה בברית כך המלאכה נתנה בברית שנאמר ששת ימים תעבוד ועשית כל מלאכתך ויום השביעי שבת לה' אלהיך
(שמות כ' ט'):
Avot d’Rabbi Natan, Nusach 1, Chapter 11
“Love work.” How? This teaches that a person should love work, and not hate work. Just as the Torah was given through a covenant, so too work was given through a covenant, as it says [in Exodus 20:9-10] “For six days you shall labor and do all of your work, and the seventh day is a Sabbath to your God.”
- What purpose does work serve in your life?
- What do you think it says about the rabbinic attitude toward work that this text says work was given “through a covenant”? What does that mean?
(יד) רַבִּי אֶלְעָזָר אוֹמֵר, הֱוֵי שָׁקוּד לִלְמוֹד תּוֹרָה, וְדַע מַה שֶּׁתָּשִׁיב לָאַפִּיקוֹרוֹס. וְדַע לִפְנֵי מִי אַתָּה עָמֵל. וְנֶאֱמָן הוּא בַּעַל מְלַאכְתְּךָ שֶׁיְּשַׁלֶּם לָךְ שְׂכַר פְּעֻלָּתָךְ:
(14) Rabbi Elazar says: Be diligent in your studies of Torah, know what to respond to a heretic. Know before whom you are laboring. Your employer is trustworthy that He will pay you the reward of your labor.
- Had you ever imagined serving God as a type of work--or do you see it as just the opposite?