S.A.L.T. - Tuesday

Parashat Kedoshim presents many mitzvot, including the prohibition against withholding payment from a laborer: "A laborer's work shall not remain with you until morning" (19:13). An interesting question concerning this prohibition came before Rav Yosef Shaul Nathanson, recorded in his classic work of responsa, Shut Sho'el U-meishiv (Mahadura Tanina, 3:42). A man wishes to give a gift to his friend, a tailor. He therefore gives the tailor some material from which to make himself a garment, and the giver will pay the tailor full price for his work. The dress-maker completes the work, but the "generous" friend delays his payment. Does he violate the prohibition of delaying a worker's salary? At first glance, it would seem that since he hired the tailor to perform a given task, what difference should it make who ultimately benefits from this labor? Once the time of payment arrives, the patron must pay; if he does not, he violates this prohibition.

Nevertheless, Rav Nathanson rules otherwise. He bases his decision on a careful reading of this verse: "A laborer's WORK shall not remain with you… "  Meaning, the Torah forbids not the withholding of payment per se, but rather receiving unpaid services from the worker. The work performed by the employee may not remain with the hirer; upon receiving the benefits of the labor, he must make his payment. Therefore, if the work performed by the laborer benefits himself, rather than his customer, the latter does not violate the prohibition of withholding payment.

There appears to be room to debate this conclusion, but we live this for the reader's consideration.

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