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1) WHEN ONE TRANSGRESSES "BAL TALIN" FOR WITHHOLDING WAGES

(a) (Beraisa): Reuven told Shimon 'Hire workers for me' - neither transgresses "Lo Salin";

1. Reuven does not transgress, for he did not hire them; Shimon does not transgress, for they do not work for him.

(b) Question: What is the case?

1. If Shimon said 'It is my responsibility to pay you' - he must pay them!

i. (Beraisa): Levi hired David to work for himself, and set him to work on what is really Yehudah's property - Levi pays David, and can demand that Yehudah pay him the benefit he received.

(c) Answer: Rather, Shimon said 'Reuven will pay you'.
(d) Yehudah bar Mereimar told his servant to hire workers, tell them that I will pay them. (This way, no one will transgress "Lo Salin".)
(e) Mereimar and Mar Zutra would hire workers on behalf of each other.
(f) (Rabah bar Rav Huna): People of Sura (who hire workers and are unable to pay them until the market day) do not transgress "Lo Salin" - the workers know that they will not be paid before this;

1. If the employer does not pay on the market day, he transgresses 'Bal Tishaheh'.

(g) (Mishnah): One hired by the hour must be paid that night or day.
(h) (Rav): If he was hired (by the hour and worked) during the day, he must be paid that day; if he worked at night, he must be paid that night.
(i) (Shmuel): If he worked during the day, he must be paid that day; if he worked at night, he must be paid that night or the coming day.
(j) Question (against Rav - Mishnah): One hired by the hour must be paid that night or day.
(k) Answer (Rav): The Mishnah puts together the laws of two different cases;

1. If he was hired (by the hour and worked) during the day, he must be paid that day; if he worked at night, he must be paid that night.

(l) Question (against Rav - Mishnah): One hired for a week, month, year or Shemitah cycle - if he ends working by day, he must be paid that day; if he ends working by night, he must be paid that night or the coming day.
(m) Answer (Rav): Tana'im argue about this (I rule according R. Yehudah).

1. (Beraisa - R. Yehudah): If he was hired (by the hour and worked) during the day, he must be paid that day; if he worked at night, he must be paid that night;
2. R. Shimon says, if he worked during the day, he must be paid that day; if he worked at night, he must be paid that night or the coming day.

i. Anyone who withholds wages transgresses five Lavim and an Ase: "Lo Sa'ashok Es Re'acha", "V'Lo Sigzol", "Lo Sa'ashok Sachir Oni", "Lo Salin", "V'Lo Savo Alav ha'Shemesh" and the Ase "B'Yomo Siten Secharo".
ii. Question: How can one transgress them all - some of these only apply by day, others only apply by night!
iii. Answer (Rav Chisda): The Tana means, there are five Lavim and an Ase that forbid withholding wages.

(a) Question: What is the difference between 'Oshek' (withholding wages) and theft?
(b) Answer #1 (Rav Chisda): If he keeps saying 'Go, come back later', this is Oshek; if he says 'I have your wages, I will not pay you', this is theft.
(c) Objection (Rav Sheshes): The Oshek for which one brings a sacrifice is similar to the case of a deposit, i.e. he denies owing (and falsely swears and then admits).
(d) Answer #2 (Rav Sheshes): If he says 'I already paid you', this is Oshek; if he says 'I have your wages, I will not pay you', this is theft.
(e) Objection (Abaye): The theft for which one brings a sacrifice is similar to the case of a deposit, i.e. he denies owing (and falsely swears and then admits).
(f) Answer #3 (Abaye): If he says 'I never hired you', this is Oshek; if he says 'I already paid you', this is theft.

1. Question: Why did Rav Sheshes only ask about Oshek, not about theft?
2. Answer: Rav Sheshes meant, outside of Beis Din he said 'I have your wages, I will not pay you'; in Beis Din, he denied owing (and swore falsely).
3. Question: If so, we can similarly defend Rav Chisda regarding Oshek (outside of Beis Din he said 'Go, come back later'; in Beis Din, he denied owing.)
4. Rejection: No - by theft it says "O b'Gezel", (there is no indication that he previously denied anything);

i. Had it said 'O b'Oshek', we would say the same by Oshek;
ii. Rather, it says "O Ashak", implying that he already denied (before coming to Beis Din).

(g) Answer #4 (Rava): Oshek and theft are the same;

1. The Torah gives it another name to obligate one who transgresses with an extra Lav.

(a) (Mishnah): One who withholds wages of a worker or rental of an animal or vessels transgresses "B'Yomo Siten Secharo" and "Lo Salin Pe'ulas Sachir Itecha Ad Boker";

1. This is when the worker asked for his wages - if not, the employer does not transgress.

(b) If the employer left the wages by a grocer or moneychanger, he does not transgress;
(c) In the time a worker should be paid (if he argues with his employer whether he was paid), he swears and collects;

1. After the time he should be paid, he does not swear and collect;
1. If witnesses saw the worker demand his wages (before the due time, and he was not paid), he swears and collects (after the time).

(d) "B'Yomo Siten Secharo" applies to one who hires a Ger Toshav, but not "Lo Salin Pe'ulas Sachir Itecha Ad Boker";
(e) (Gemara) Question: Who is the Tana of the Mishnah - it is not the first Tana of the Beraisa of 'Achicha', nor R. Yosi b'Rebbi Yehudah!

(f) (Beraisa): "(Do not withhold wages of a poor worker me'Achicha" - this excludes Nochrim;

1. "Mi'Gerecha" - this is a convert;
2. "Bi'Sharecha" - this is a (Ger Toshav) who may eat Neveilos;
3. Question: What is the source to include wages of an animal or vessels?
4. Answer: "B'Artzecha" - anything in your land.

i. All the Lavim and the Ase apply to wages of a Yisrael, convert, Ger Toshav, an animal or vessels - "B'Yomo Siten Secharo" (and the Lavim before and after it) and "Lo Salin Pe'ulas Sachir" (and the other Lavin in that verse).

(g) R. Yosi b'Rebbi Yehudah says, "B'Yomo Siten Secharo" applies to a Ger Toshav, but not "Lo Salin";

1. Only "Lo Sa'ashok" applies to rental of an animal or vessels.
2. Recap of question: Our Tana is not the first Tana nor R. Yosi b'Rebbi Yehudah!

i. It is not the first Tana - he says that all the Lavim apply to a Ger Toshav!
ii. It is not R. Yosi - he says that only "Lo Sa'ashok" applies to rental of an animal or vessels!

(h) Answer (Rava): Our Tana is Tana d'vei R. Yishmael.

1. (Beraisa - Tana d'vei R. Yishmael): One who withholds wages of a worker or rental of an animal or vessels transgresses "B'Yomo Siten Secharo" and "Lo Salin Pe'ulas Sachir Itecha Ad Boker";
2. "B'Yomo Siten Secharo" applies to a Ger Toshav, but not "Lo Salin".

(a) Question: How does the first Tana of the Beraisa of ''Achicha" learn?
(b) He learns from a Gezeirah Shavah "Sachir-Sachir" (just as "Lo Sa'ashok" (and the adjacent Mitzvos) apply to a Ger Toshav, also "Lo Salin" and the other Mitzvos in that verse;

1. R. Yosi b'Rebbi Yehudah does not learn from the Gezeirah Shavah.
2. Question: Even so, he should say that "B'Yomo Siten Secharo" applies to rental of an animal or vessels (this is written after "B'Artzecha", which teaches that one transgresses for them)!
3. Answer (R. Chananya): "V'Lo Savo Alav ha'Shemesh Ki Oni Hu" - the Mitzvos of this verse only apply to people, who can become poor.
4. Question: What does the first Tana learn from "Ki Oni Hu"?
5. Answer: If the employer does not have enough to pay all his workers, he should first pay poor workers;
6. R. Yosi b'Rebbi Yehudah learns that from "Lo Sa'ashok Sachir Oni v'Evyon".
7. The first Tana needs one verse to teach that we pay a poor worker before a rich one, and another verse to teach that we pay a poor worker before a destitute one - the Torah must teach both of these.

i. If it only taught that we pay a poor worker before a destitute one - one might have thought, this is because a destitute worker does not refrain from asking for his wages (from shame) - but rich and poor workers both are embarrassed to ask for their wages, neither has precedence over the other;
ii. If it only taught that we pay a poor worker before a rich one - one might have thought, this is because a rich worker does not need the money so badly - a destitute worker needs the money more than a poor worker, he would be paid first.

(c) Question: How does our Tana learn?

1. If he learns the Gezeirah Shavah "Sachir-Sachir" - all the Mitzvos should apply to a Ger Toshav!
2. If he does not learn the Gezeirah Shavah - how does he know that all the Mitzvos apply to rental of an animal or vessels?

(d) Answer: Really, he does not learn the Gezeirah Shavah;

1. "Lo Salin Pe'ulas Sachir Itecha Ad Boker" - this includes all cases when work was done for you (and you did not yet pay for it).

(e) Question: If so, this should include wages of a Ger Toshav!
(f) Answer: "Re'acha" excludes a Ger Toshav.
(g) Question: This should also exclude rental of an animal or vessels!
(h) Answer: "Itecha" comes to include them.
(i) Question: Why do we include animals and vessels and exclude a Ger Toshav, and not vice-versa?
(j) Answer: Presumably we include animals and vessels, for these are the money of "Re'acha".
(k) Question: What does the first Tana of the Beraisa learn from "Re'acha"?
(l) Answer (Beraisa): "Re'acha" - and not an Amaleki (or Nochri).
(m) Question: "Achicha" excludes an Amaleki!
(n) Answer: One verse permits withholding his wages, the other permits stealing from him. (The law does not follow this opinion.)

1. The Torah must teach both.
2. If it only permitted stealing from him - one might have thought, this is because he did not work for it, but it is forbidden to withhold his wages);
3. If it only permitted withholding his wages - this is because he never received the money, but it is forbidden to steal his money.

(o) Question: What does R. Yosi b'Rebbi Yehudah learn from "Lo Salin Pe'ulas Sachir Itecha Ad Boker"?
(p) Answer: He learns Rav Asi's law (as follows).