Halakhah zu Dewarim 24:15

Quite to the contrary, self-endangerment that would not be sanctioned for the purpose of preserving cultural legacies might well be regarded as legitimate if assumed for purposes of securing a livelihood. In a responsum which has become classic in the annals of rabbinic law, R. Ezekiel Landau, Teshuvot Noda bi-Yehudah, Mahadura Tinyana, Yoreh De'ah, no. 10, ruled that hunting, when pursued as a sport, is forbidden because of the attendant danger but is nevertheless permitted to a person who earns his livelihood thereby "since everything which is for the purpose of one's sustenance and livelihood" is permitted by Jewish law. In support of this position, Noda bi-Yehudah cites the statement of the Gemara, Baba Mezi'a 112a, exhorting the timely payment of a laborer's wages. The Gemara cites the verse "for he setteth his soul upon it" (Deuteronomy 24:15) and comments: "Why did he go up on a ladder, hang from the tree, deliver himself to death, if not for his wages?" It is clear, asserts Noda bi-Yehudah, that the Gemara recognizes an exemption from the general prohibition against exposing oneself to danger when the danger is assumed for the sake of earning a living.

To not delay the wage of a wage worker: That we not delay the wage of a wage worker, as it is stated (Leviticus 19:13), "you shall not lay over the salary of a wage worker with you until the morning." And they, may their memory be blessed, said that this verse is referring to a day wage worker (Bava Metzia 110b). And the Torah extended the time of his payment the entire night, as it is stated, "until morning." And we learned about a night wage worker from another place, that the time of his payment is the whole day, as it is stated (Deuteronomy 24:15), "On its day you shall give his wage, and the sun should not set upon it." And they, may their memory be blessed, explained (Bava Metzia 110b) that this verse is referring to a night wage worker. And the language of the Mishnah is "A day wage worker collects the whole night, and a night wage worker collects the whole day. And even though two verses came about this commandment, they are only one commandment; and the one is stated to complete the law of the commandment. And we should not count that which the Torah has come to complete the law of a commandment [to be a commandment] on its own. And the content of this commandment - that we not delay payment to the wage worker, but rather we pay him at a set time - that is the principle of the commandment. And with the two negative statements mentioned about it, we knew when is the time of the payment of wage workers - whether a day wage worker or a night wage worker. And remember this principle [mentioned above] for all of the commandments; as it is a great principle in the calculation of the commandments. And it is a principle that two of the pillars of the world agreed about - Rambam, may his memory be blessed (Sefer HaMitzvot LaRambam, Mitzvot Lo Taase 238), and Ramban, may his memory be blessed.

It is from the roots of the commandment [that it is] because God, blessed be He, desires the preservation of Man which He created. And it is well-known that with the delay of nourishment, the body will be destroyed. And therefore we were commanded to give the wage of the wage earner - as 'he urgently depends upon it,' to sustain himself from it. And it appears that therefore did he place the limit of its time to be one day and not more - as it is the way of people to sometimes fast for a day. And explicitly did the verse give a reason for the thing, in its stating (Deuteronomy 24:15), "he urgently depends upon it." And even though they, may their memory be blessed, expounded it for a different matter, its simple understanding implies that which we wrote.