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Pardes Yehuda

He who delays payment commits a double transgression

  • Ki Teitzei
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בְּיוֹמוֹ תִתֵּן שְׂכָרוֹ וְלֹא תָבוֹא עָלָיו הַשֶׁמֶשׁ כִּי עָנִי הוּא וְאֵלָיו הוּא נֹשֵׂא אֶת נַפְשׁוֹ וְלֹא יִקְרָא עָלֶיךְ אֶל ה' וְהָיָה בְךָ חֵטְא: (כב טו)

"You shall give him his wage on his day, nor shall the sun set upon it, for he is poor, and to it he lifts up his soul; lest he cry against you to Hashem, and it be a sin in you."(22:15):

At first glance, the Torah's command to pay a worker promptly on the day of their labor appears to be a matter of fundamental ethics. However when we delve into the complex wording of the Posuk, we will be able to understand the deeper meaning of this mitzvah. The Gemarra (Eruvin 41b): sets a foundation "Poverty deprives a person of their mind and the mind of their Creator" עֲנִיוּת מַעֲבִיר אֶת הָאָדָם עַל דַּעְתּוֹ וְעַל דַּעַת קוֹנוֹ, This statement highlights that severe economic distress deprives an individual of mental clarity, peace of mind, and emotional composure. Without peace of mind, a person cannot direct their heart properly in prayer, nor can they contemplate Divine reality with kavanah. When an employer fails to pay a day laborer on time, they plunge that worker into a state of anxiety over basic survival. Consequently, the employer is directly responsible for disrupting the worker's capacity to stand before Hashem in prayer as required.

The great Gaon Rabbi Shlomo Kluger presents in his Sefer "Imrei Shefer", a precise reinterpretation of our Posuk, demonstrating how every word directly supports this spiritual insight: בְּיוֹמוֹ תִתֵּן שְׂכָרוֹ וְלֹא תָבוֹא עָלָיו הַשֶׁמֶשׁ "כִּי עָנִי הוּא "On his day you shall give him his wage, nor shall the sun set upon it, "for he is poor". The Posuk emphasizes the worker's poverty because an impoverished individual lives from hand to mouth and relies immediately on daily earnings. וְאֵלָיו הוּא נֹשֵׂא אֶת נַפְשׁוֹ"...and to the wage he lifts up his soul..."The worker's entire vitality and emotional well-being are bound up in receiving their pay at the end of the day. They await it eagerly, relying on it for daily sustenance. 'וְלֹא יִקְרָא עָלֶיךְ אֶל ה"...lest he "not" call to Hashem...". Rather than translating “he cry out to Hashem "against" you," Rabbi Kluger interprets it functionally: ""he will be unable to pray to Hashem." By being deprived of money and overwhelmed in distress, the worker lacks the composure required to pray properly.

Finally the Posuk reveals the point with a supposedly surplus word עָלֶיךְ against you. Why is the word עָלֶיךְ inserted here? The Posuk indicates that the responsibility for the worker's inability to pray falls directly עָלֶיךְ "upon you", the employer, because your failure to pay caused their state of distress.

After all this, the Torah states וְהָיָה בְךָ חֵטְא and it be a sin in you. This is extremely difficult that the Torah has to state that "it will be a sin". Of course every commandment that one transgresses is a sin and the Torah does not end off. Why then does the Posuk end with וְהָיָה בְךָ חֵטְא? The great Gaon answers that this concluding phrase highlights an additional layer of sin. Beyond violating the direct command to pay wages on time בְּיוֹמוֹ תִתֵּן שְׂכָרוֹ the employer incurs an added sin: causing a fellow human being to be hindered from serving Hashem in prayer.

All the difficulties are now Resolved. Withholding a worker's wage does not merely inflict financial hardship or distress; it strikes at the individual's inner life, shattering their tranquility, יִשוּב הַדַעְת וּמְנוּחַת הַנֶפֶשׁ and ultimately depriving them of serving Hashem through proper Tefillah. Thus, the employer who delays payment commits a double transgression: a breach of personal monetary law, and an indirect act of spiritual disruption against their fellow man's connection to the Divine.

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