Torah.org Home Subscribe Services Support Us
 
Print Version

Email this article to a friend

Paying On Time1 , Part 4

In the previous article, we discussed to whom the Mitzvos of paying on time[2] applied. In the coming weeks we will discuss how the payment must be made.

1. CASH: Obviously, payment by cash fulfils the criteria necessary to fulfil the Mitzvos relating to paying on time. The principle behind ‘bal tolin’ is that a worker depends upon his wages to cover his immediate expenses. Cash is the form of money which can most easily be used as soon as the worker receives his payment.[3]

2. CHECK: The validity of using a check for payment as a way of fulfilling the Mitzvos of bal tolin, is dependent on the place in which the payment in taking place: In some countries (such as Eretz Yisroel), checks are regularly used in place of cash. Many storekeepers will accept third party checks in place of cash payments. In such a place, payment by check fulfils bal toiin. This is because the worker can easily use the check as soon as he receives it.[4]

However, in countries such as USA, workers cannot generally use the check in place of cash. Rather, they must deposit the check or cash it in a bank. In such a place, a check is not considered cash and the Mitzvos to pay on time are not fulfilled. This is because the worker cannot use the money immediately on receipt of payment. However, if the worker receives the check when the banks are open, then he could cash it before the bal tolin deadline[5] . In such a case the employer can fulfil the Mitzvo. Moreover, it should be noted that if the worker genuinely does not mind not receiving immediate payment, then bal toiin does not apply. In such a case, paying by check does not constitute a transgression of bal tolin. However, the employer has not fulfilled the Mitzvo either, rather he is exempt from it because of the worker’s mechila[6].

In the next article we will discuss other forms or payment.


1. Much of the information for this essay is taken from "Halachos of Other People's Money" by Rabbi Yisroel Pinchos Bodner.

2. In this and future articles we will refer to these Mitzvos in the generic term of ‘bal tolin’.

3. It should be noted that when if the worker does not need the money immediately, the Mitzvos relating to paying workers still applies, if the worker demands immediate payment. The Mitzvos do not apply, only if the worker is totally willing to accept a delay in payment – this will be discussed in more detail in the future.

4. It should be noted that sometimes people write on checks ’mutav bilvad’. This makes it impossible to use the check in place of cash. In such a case, the above does not apply, rather it is more similar to the law in USA, as will be explained above.

5. Which is the end of the day for someone who worked in the daytime, or the end of the night for someone who worked in the night.

6. The word, ‘Mechila’ literally means, ‘foregiveness’ – in this context it means that the worker ‘forgoes the employer’s obligation to pay him on time.


 

Text Copyright © 2009 by Rabbi Yehonasan Gefen and Torah.org

Visit Rabbi Gefen's new blog at rabbiygefen.blogspot.com.

Rabbi Gefen's new book, The Guiding Light, is now available! To order, please contact Rabbi Gefen at Gefen123@smile.net.il or 00972 52 761 9935.


 

ARTICLES ON KI SAVO AND ELUL / ROSH HASHANAH:

View Complete List

Poor Beginning, Wealthy End
Rabbi Yisroel Ciner - 5760

The Spark is There
Rabbi Label Lam - 5768

Everything Depends on Our Teshuvah
Rabbi Label Lam - 5773

Looking for a Chavrusah?

Good, and Nothing but Good
Rabbi Yaakov Menken - 5764

Teshuva and Rebi Elazar ben Dordai
Rabbi Pinchas Winston - 5773

The "Tithing Confession"
Rabbi Yissocher Frand - 5761

ArtScroll

Prayer is of the Essence
Rabbi Yehudah Prero - 5769

The Blessings We All Hope For
Rabbi Label Lam - 5773

More and More Ourselves
Rabbi Label Lam - 5764

> Tapping Into Our Meritorious Pedigree
Rabbi Naphtali Hoff - 5768

Benefiting from the Benefit of the Doubt
Rabbi Yehudah Prero - 5767

It's Never Too Late
Rabbi Pinchas Avruch - 5765

Frumster - Orthodox Jewish Dating

We Will Survive
Rabbi Berel Wein - 5766

Knock, Knock!
Rabbi Mordechai Kamenetzky - 5757

Wordless Prayers
Rabbi Naftali Reich - 5771

G-d Never Forgets
Shlomo Katz - 5760



Project Genesis

Torah.org Home


Torah Portion

Jewish Law

Ethics

Texts

Learn the Basics

Seasons

Features

TORAHAUDIO

Ask The Rabbi

Knowledge Base




Help

About Us

Contact Us



Free Book on Geulah!




Torah.org Home
Torah.org HomeCapalon.com Copyright Information