Talmud Yerushalmi
Yerushalmi Bava Metzia 9:11 ירושלמי בבא מציעא ט׳:י״א
Part of: Chapter 9
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משנה: אֶחָד שְׂכַר הָאָדָם וְאֶחָד שְׂכַר הַבְּהֵמָה וְאֶחָד שְׂכַר הַכֵּלִים יֵשׁ בּוֹ מִשּׁוּם בְּיוֹמוֹ תִּתֵּן שְׂכָרוֹ וְיֵשׁ בּוֹ מִשּׁוּם לֹא תָלִין פְּעוּלַּת שָׂכִיר עַד בּוֹקֶר. אֵימָתַי בִּזְמַן שֶׁתְּבָעוֹ. לֹא תְבָעוֹ אֵינוֹ עוֹבֵר עָלָיו. הִמְחָהוּ אֵצֶל חֶנְוָונִי אוֹ אֵצֶל שׁוּלְחָנִי אֵינוֹ עוֹבֵר עָלָיו. הַשָּׂכִיר נִשְׁבַּע בִּזְמַנּוֹ וְנוֹטֵל עָבַר זְמַנּוֹ אֵינוֹ נִשְׁבַּע וְנוֹטֵל. וְאִם יֵשׁ עֵדִים שֶׁתְּבָעוֹ הֲרֵי זֶה נִשְׁבַּע וְנוֹטֵל. גֵּר תּוֹשָׁב יֵשׁ בּוֹ מִשּׁוּם בְּיוֹמוֹ תִּתֵּן שְׂכָרוֹ וְאֵין בּוֹ מִפְּנֵי לֹא תָלִין פְּעוּלַּת שָׂכִיר אִתְּךָ עַד בּוֹקֶר.
MISHNAH: Wages of a human, as well as wages for an animal, as well as wages for implements are subsumed under “you must pay his wages on his day”70If he is not paid promptly, the employer sins against “you must pay his wages on his day” (Deut. 24:15). and “one may not withhold a hireling’s wages until the morning”69Since he works until sundown, he cannot be paid during the day. If he was not paid by daybreak the next morning, his employer has sinned against the rule that “one may not withhold a hireling’s wages until the morning” (Lev. 19:13).. When? If he claimed it. If he did not claim it, one does not transgress. If one gave him a draft on a storekeeper or a banker, he does not transgress. In his time74The time when he has to be paid according to Mishnah 11. the hireling swears and takes75The hireling claims that he was not paid; the employer claims that he did pay; neither of them has witnesses. Then the hireling is privileged; the court will allow him to swear that he was not paid and then order his employer to pay.; after his time he does not swear and take76The ordinary rules of procedure apply: in the absence of proof the defendant may swear to absolve himself.. But if there are witnesses that he did claim, he swears and takes77Even after the 12 hour period when he should have been paid. The unpaid hireling has to protect his claim by asking for his money in front of witnesses..
The resident proselyte80He is a full Jew in contrast to the גֵּר תּוֹשָׁב “resident proselyte” who only keeps the Noaḥide commandments. is protected by “you must pay his wages on his day” but not by “one may not withhold a hireling’s wages until the morning”85The verse Deut. 24:14 speaks of “your proselyte … in your gates.” The same expression is used in Deut. 14:20 to permit the sale of carcass meat to the resident proselyte. By the doctrine of invariable lexemes in the Torah, the expression in Deut. 24:14 refers to the resident proselyte. But Lev. 19:13 speaks of “your neighbor”; only the just proselyte is covered by that expression. (Halakhah 14; Babli 111b)..
MISHNAH: Wages of a human, as well as wages for an animal, as well as wages for implements are subsumed under “you must pay his wages on his day”70If he is not paid promptly, the employer sins against “you must pay his wages on his day” (Deut. 24:15). and “one may not withhold a hireling’s wages until the morning”69Since he works until sundown, he cannot be paid during the day. If he was not paid by daybreak the next morning, his employer has sinned against the rule that “one may not withhold a hireling’s wages until the morning” (Lev. 19:13).. When? If he claimed it. If he did not claim it, one does not transgress. If one gave him a draft on a storekeeper or a banker, he does not transgress. In his time74The time when he has to be paid according to Mishnah 11. the hireling swears and takes75The hireling claims that he was not paid; the employer claims that he did pay; neither of them has witnesses. Then the hireling is privileged; the court will allow him to swear that he was not paid and then order his employer to pay.; after his time he does not swear and take76The ordinary rules of procedure apply: in the absence of proof the defendant may swear to absolve himself.. But if there are witnesses that he did claim, he swears and takes77Even after the 12 hour period when he should have been paid. The unpaid hireling has to protect his claim by asking for his money in front of witnesses..
The resident proselyte80He is a full Jew in contrast to the גֵּר תּוֹשָׁב “resident proselyte” who only keeps the Noaḥide commandments. is protected by “you must pay his wages on his day” but not by “one may not withhold a hireling’s wages until the morning”85The verse Deut. 24:14 speaks of “your proselyte … in your gates.” The same expression is used in Deut. 14:20 to permit the sale of carcass meat to the resident proselyte. By the doctrine of invariable lexemes in the Torah, the expression in Deut. 24:14 refers to the resident proselyte. But Lev. 19:13 speaks of “your neighbor”; only the just proselyte is covered by that expression. (Halakhah 14; Babli 111b)..
הלכה: אֶחָד שְׂכַר הָאָדָם כול׳. כְּתִיב לֹא תַעֲשׁוֹק עָנִי וְאֶבְיוֹן מֵאֲחֶיךָ. אֵילּוּ יִשְׂרָאֵל. מִגֵּרְךָ. זֶה גֵר צֶדֶק. בְּאַרְצְךָ. לְרַבּוֹת הַבְּהֵמָה וְהָעֲבָדִים. בִּשְׁעָרֶיךָ. לְרַבּוֹת הַמִּטַּלְטְלִין.
HALAKHAH: “Wages of a human,” etc. 78Sifry Deut. 279. It is written79Deut. 24:14. The verse reads: Do not oppress the poor and needy hireling …: “Do not oppress the poor and needy of your brothers,” this refers to Israel. “Your proselytes,” this refers to the just proselytes80He is a full Jew in contrast to the גֵּר תּוֹשָׁב “resident proselyte” who only keeps the Noaḥide commandments.. “In your land,” to add animals and slaves. “In your gates,” to add movables81A different argument for the same implication, based on Lev. 19:13, is in Sifra Qedoŝim Paraŝah 2(9)..
HALAKHAH: “Wages of a human,” etc. 78Sifry Deut. 279. It is written79Deut. 24:14. The verse reads: Do not oppress the poor and needy hireling …: “Do not oppress the poor and needy of your brothers,” this refers to Israel. “Your proselytes,” this refers to the just proselytes80He is a full Jew in contrast to the גֵּר תּוֹשָׁב “resident proselyte” who only keeps the Noaḥide commandments.. “In your land,” to add animals and slaves. “In your gates,” to add movables81A different argument for the same implication, based on Lev. 19:13, is in Sifra Qedoŝim Paraŝah 2(9)..
תַּנֵּי. יָכוֹל הִמְחָהוּ אֵצֶל חֶנְוָונִי אוֹ אֵצֶל שׁוּלְחָנִי יְהֵא עוֹבֵר עָלָיו. אֵינוֹ עוֹבֵר עָלָיו אֲבָל עוֹבְרִין הֵן עָלָיו. אֵימָתַי. בִּזְמַן שֶׁתְּבָעוֹ. לֹא תְבָעוֹ אֵינוֹ עוֹבֵר עָלָיו.
It was stated82Tosephta 10:5; Sifra Qedošim Parašah 2(11).: I could think that if one gave him a draft on a storekeeper or a banker, he would transgress about him. He does not transgress about him but they transgress about him. When? If he claimed it. If he did not claim it, one does not transgress.
It was stated82Tosephta 10:5; Sifra Qedošim Parašah 2(11).: I could think that if one gave him a draft on a storekeeper or a banker, he would transgress about him. He does not transgress about him but they transgress about him. When? If he claimed it. If he did not claim it, one does not transgress.
הַשָּׂכִיר בִּזְמַנּוֹ נִשְׁבַּע וְנוֹטֵל. רֵישׁ לָקִישׁ אָמַר. בְּשֶׁאָמַר לוֹ. נָתַתִּי. אֲבָל אִם אָמַר לוֹ. אֶתֵּן לְמָחָר. אִם אָמַר לוֹ. נָתַתִּי. אֵינוֹ נֶאֱמָן. רִבִּי יוֹסֵי בֶּן חֲנִינָה אוֹמֵר. וַאֲפִילוּ לְמָחָר אִם אָמַר לוֹ. נָתַתִּי. נֶאֱמָן.
“In his time the hireling swears and takes.” Rebbi Simeon ben Laqish said, if he said: I paid83This refers to the case that the hireling did not claim his wages immediately, but comes later to claim his wages. The employer may swear that he paid only if he asserts that he paid immediately. But if he admits that he transgressed the commandment to pay immediately, the hireling retains his right to swear in order to get a court order forcing the employer to pay.. But if he said, I shall pay tomorrow: if then he said, I paid, he cannot be believed. Rebbi Yose ben Ḥanina said, even the next day, if he said, I paid, he is believed84In any case where the hireling did not claim his wages immediately before witnesses and the claim is presented after the time due, the employer retains the right to swear that he paid..
“In his time the hireling swears and takes.” Rebbi Simeon ben Laqish said, if he said: I paid83This refers to the case that the hireling did not claim his wages immediately, but comes later to claim his wages. The employer may swear that he paid only if he asserts that he paid immediately. But if he admits that he transgressed the commandment to pay immediately, the hireling retains his right to swear in order to get a court order forcing the employer to pay.. But if he said, I shall pay tomorrow: if then he said, I paid, he cannot be believed. Rebbi Yose ben Ḥanina said, even the next day, if he said, I paid, he is believed84In any case where the hireling did not claim his wages immediately before witnesses and the claim is presented after the time due, the employer retains the right to swear that he paid..
גֵּר תּוֹשָׁב יֵשׁ בּוֹ מִשּׁוּם בְּיוֹמוֹ תִּתֵּן שְׂכָרוֹ כול׳. כְּתִיב לא תַעֲשׁוֹק אֶת רֵעֲךָ. פְּרָט לְגֵר תּוֹשָׁב.
“The resident proselyte is protected by ‘you must pay his wages on his day’ ”, etc. It is written: “Do not oppress your neighbor,” excluding the resident proselyte85The verse Deut. 24:14 speaks of “your proselyte … in your gates.” The same expression is used in Deut. 14:20 to permit the sale of carcass meat to the resident proselyte. By the doctrine of invariable lexemes in the Torah, the expression in Deut. 24:14 refers to the resident proselyte. But Lev. 19:13 speaks of “your neighbor”; only the just proselyte is covered by that expression. (Halakhah 14; Babli 111b)..
“The resident proselyte is protected by ‘you must pay his wages on his day’ ”, etc. It is written: “Do not oppress your neighbor,” excluding the resident proselyte85The verse Deut. 24:14 speaks of “your proselyte … in your gates.” The same expression is used in Deut. 14:20 to permit the sale of carcass meat to the resident proselyte. By the doctrine of invariable lexemes in the Torah, the expression in Deut. 24:14 refers to the resident proselyte. But Lev. 19:13 speaks of “your neighbor”; only the just proselyte is covered by that expression. (Halakhah 14; Babli 111b)..