Pisqa’ 278¹

1

“You must not withhold the pay of a the poor or a pauper” (Dt.24:14).

Now isn’t it already written:

“Do not rob” (Lv.19:13)?

So what does the Teaching add by

“You must not withhold the pay” (Dt.24:14)?

It teaches that

whoever withholds the pay of a hired hand

transgresses four proscriptions.

[Namely:]

“Do not withhold the pay of your kinsman” (Lv.19:13);

“Do not rob” (Lv.19:13);

“Do not keep a worker’s pay with you over-night” (Lv.19:13);

and, “Pay him for his day’s work, so that the sun does not set

before he receives it.” (Dt.24:15) ²

2

Inferring from what has been stated:

“For his life depends on it” (Dt.24:15)—

I might have thought only that

this rule applies to payment for work that sustains his life.

How do I know that

the rule applies as well to payment for work that does not sustain his life—

such as carding or combing flax?

The Teaching states:

“You must not withhold the pay” (Dt.24:14)—

for any kind [of work].

I might infer only that

this rule applies to the needy or a pauper.

How do I know that

[it applies as well] to any person?

The Teaching states:

“You must not withhold the pay” (Dt.24:14)—

from any worker.

If so, why is it stated:

“The needy or a pauper?” (Dt.24:14)

                                         [It is as if the Holy One were to say:]

“I will rush to exact retribution

on behalf of the needy or a pauper,

before attending to

the [oppressors] of anyone else!”³

3

“From among your brothers” (Dt.24:14)—

but not from among the [gentile] outsiders.

“Or from among your migrants”⁴ (Dt.24:14)—

this refers to the righteous proselyte (ger tzedeq).

It teaches that, on his account,

an employer might actually

come to transgress two proscriptions—

[namely, “Do not withhold the pay of your kinsman” (Lv.19:13);

and “Do not keep the worker’s pay” (Lv.19:13)].

R. Yose b. R. Judah says:

[The employer transgresses only] this proscription:

“Do not withhold the pay of your kinsman” (Lv.19:13)—

[the proselyte, by means of conversion, is a “kinsman”].

4

“Who is within your gates” (Dt.24:14)—

this refers to the resident alien (ger toshav).

I infer only that the rule applies to

a man’s wage.

How do I know that the rule applies even to

rental of a person’s work animal or tool?

The Teaching states:

“Who are within your Land” (Dt.24:14)—

any sort [of payment that is earned ] in your Land.⁵

1. H:270-271;JN2:224-225
2. //T. BM.10:3
3. Cf. Pisqaot’ 277.1 and 279.2.
4. Heb: ger; literally, “a sojourner.” Often used in rabbinic texts for “proselyte,” (ger tzedeq). See also ger toshav (temporary resident”; Pisqa’ 278.4)
5. // Sifra, qodashim, par.2:9; cf. M.BM.9:12. The critical apparatus at F:296, ls. 9-10 shows a great deal of textual fluidity in this passage.