Volume 6 Number 63
Subjects Discussed In This Issue:
Halacha and Paychecks (3)
[Jonathan B. Horen, Nachum Issur Babkoff, Daniel Skaist]
Nikuda E-Journal
[Zvi Lando]
----------------------------------------------------------------------
From: <horen@...> (Jonathan B. Horen)
Date: Wed, 10 Mar 93 21:19:47 -0500
Subject: Re: Halacha and Paychecks
>From: Jacob Mazo <mazova@...>
>I am curious as to what is the Halachic position regarding employers
>not paying their employees on time (assuming both are Jewish). I
>seem to remember that this is frowned upon, but cannot recollect
>anything beyond that. Thanks in advance for your help.
Once upon a time (1981-82, l'yeter diyuk) I worked as the Mazkir Klali
[General Secretary] for the Kamenitzer Yeshiva, in Mea Shearim. We
*never* got paid on time. I remember right before Rosh HaShana 5742 -- I
still hadn't gotten paid, and had no food for my family for YomTov. I
was working in the office, when in walked one of the Roshei Yeshiva,
HaRav Yitzchuk Scheiner. We spoke a few minutes about business, and then
I asked him what time he and his family were going to eat Layl Rosh
HaShana. He looked at me with a puzzled expression on his face, and
asked me what I meant. I replied that since he had not yet paid me my
salary, I needed to know when so I could make sure that my family would
be there on time to eat.
By the end of the day I had my paycheck, in full. Shortly after the chag
I gave two-weeks notice.
The halachot are very simple -- we are required to pay daily workers at
the close of the day; weekly workers Erev Shabbat; and monthly workers
Erev Rosh Chodesh (or at the end/beginning of the "civilian" calendar
month if we are outside of Israel).
Unfortunately, there seems to be a "daya" [opinion - Mod.] among
Orthodox Israeli yeshivot that their employees are "hefker" [free -
Mod.].
Not true. And certainly not al-pi [according to - Mod.] halacha.
Jonathan B. Horen | "Lo kam b'Yisrael k'Moshe `od,
SysAdmin/SrTechWriter | navi u-mabit et t'munato...
Tel: (408) 736-3923 | Torat Moshe emet u-n'vuato, baruch adey ad
Email: <horen@...> | shem tehilato."
----------------------------------------------------------------------
From: <babkoff@...> (Nachum Issur Babkoff)
Date: Thu, 11 Mar 93 13:07:14 +0200
Subject: Halacha and Paychecks
The answer is that there is an explicit Torah prohibition against
exactly those practices: "lo talin" - One has transgressed that
prohibition by simply delaying payment to his employee, if even one
night has passed from the "due date".
That is the simple law as far as a "sachir yom" is concerned. "Sachir
yom" is an employee who gets paid for doing what the owner tells him to
do. There are other (albeit similar in principal) laws, that deal with
a "kablan". A "kablan" is one who is hired for a specific task, and
after that task is completed, all formal ties between the parties are
severed.
In todays society, because of the nature of the work we do, there are
certain aspects of our jobs (computers for example) that would SEEMINGLY
put us in the catagory of "kablan".
However, since ones paycheck is usualy monthly/bi-monthly, in other
words timely, and basicly the base salary is constant, or on a well
defined scale, and it is not dependent per-se on a specific task, rather
as a result of employment in general (usualy employment contracts are
not terminated at the end of a given project, rather the project is
given a time framework), therefore it would seem that most employees,
who work at the same firm, no matter what the project, would be
considered "schirim", and the boss should be made aware (if he's willing
to listen) of the seriousness of that prohibition. I believe that there
is a promise from The Lord in those texts whereby He promises
retribution, or protection of the weak PERSONALY.
Nachum Issur Babkoff
----------------------------------------------------------------------
From: DANNY%<ILNCRD@...> (Daniel Skaist)
Date: Thu, 11 Mar 93 21:38:44 -0500
Subject: Halacha and Paychecks
"The Concise Book of Mitzvoth" compiled by the Chafetz Chaim (Feldheim
Publishers) lists
Positive commandment #66
"On his day you shall give him his hire" (Deut 24:15)
Negative commandment #38
"the wage of the hired man shall not remain with you until morning" (Lev
19:13)
".....if someone wrongfully retains the wages of a hired man, it is as
though he takes his life, and he violates all the prohibitions noted above,
as well as the positive commandment; and he also violates the injunctions
(#35,37) "You shall not wrongfully deprive your fellow, nor rob him" (Lev
19:13).
danny
----------------------------------------------------------------------
From: <lando@...> (Zvi Lando)
Date: Thu, 11 Mar 93 22:22:13 -0500
Subject: Nikuda E-Journal
Shalom;
I have been given permission to allow any and all Internet users to
recieve the English supplement of the Israeli monthly "Nikuda". Though
this supplement is now being published in hard copy in the United
States, we can, as a special service allow users to be Emailed the
articles for free.
"Nikuda" is the well known and respected (and widely quoted) monthly
published by Yisrael Har-El, and has become the official publication
supporting the ideological discussion inside the Jewish population of
Yesha (acronym for Judea, Samaria, and Aza) and the Israeli Zionist
movement in general.
While "Nikuda" is is connected to the Jewish settlements, it is not
aligned with any one idea and has as it's contributors many
internatioanlly writers from the Israeli left such as Amos Oz and A.B.
Yehoshua.
"Nikuda" has been published each month for the last fourteen years
without stop and is known as one of Israel's most professionaly written
journals on Zionist issues.
All the recipients of this special electronic newsletter will be
welcomed to email "letter's to the editor" on any subject they deem
relivent. We will try to include as many of these letters as we can in
the coming issues.
Those wishing to recieve this electronic journal are asked to email to
the internet address below, and they will be added on to an alias which
will then immediatley send the journal out to them when it comes out.
This address can be used for any administartive problems or questions.
Thank-you.
internet address: <lando@...>
Contents of Vol 1 Issue 1:
1.1 Editorial
Expectations from Pres. Clinton
The Likud Primaries
American for Peace Now - A major organization?
Size: 144 lines
1.2 Letter to the Editor - Yoel Ginat, Brookline, Mass. USA
Nikuda in English!
Size: 34 lines
1.3 An open letter to President Clinton - Leah Tourkin
An American born and raised in Washington, DC, a resident now of Israel for
the past 18 years, writes an open letter to Bill Clinton on the eve of his
inauguration as the 44th president of the United States.
Size: 268 lines
1.4 Interview with Yossi Ben-Aharon (Former Director general of Prime
Minister's Office of Shamir Government) by Ilana David
After Thirty Years of Devoted and Professional Service to His Country
Yossi Ben-Aharon has been given his walking Papers
Size: 502 lines
1.5 U.N. resolution 242: A common Sense Approach
Michael Widlanski, former Middle East Correspondent of the Cox Newspapers,
was editor of "Can Israel Survive a Palestinian State?" published by the
Institute for Advanced Strategic and Political Studies.
The State Department and Arab interpretations of the key U.N. Security
Council Resolution 242, have put the cart before the horse. Resolution 242
accorded priority to peace and to secure boundaries. The distorters of
242 seek to cajole and coerce Israel into dangerous withdrawals which will
make both peace and secure boundaries impossible.
Size: 193 lines
1.6 From Defence to Protection
Dr. Amiel Ungar, Doctor of Political Science, Bar Ilan University
Israel is abandoning self-reliance as the watchword of her
security policy. Instead of Israel being allowed to take full
responsibility for defending itself _ both along and withing its
borders _ dangerous concessions are being made in an attempt to
obtain security.
Size: 205 lines
1.7 The Re-making of Israel's Image
Martin Sherman
The Imperative of Re-Designing Israel's Media Strategy
Size: 234 lines
1.8 Please Neglect Israel
Elyakim HaEtzni - former MK of Tchiyah Party, Attorny at Law
If there is one fundamental change overdue in America's attitude towards
Israel, it is to delete the word "pressure" from its political lexicon.
Israel's hopes, wishes and expectations from the new U.S. administration
can be reduced to two simple words: benign neglect.
Size: 174 lines
----------------------------------------------------------------------
End of Volume 6 Issue 63
