לֹא־תַעֲשֹׁ֥ק שָׂכִ֖יר עָנִ֣י וְאֶבְי֑וֹן מֵאַחֶ֕יךָ א֧וֹ מִגֵּרְךָ֛ אֲשֶׁ֥ר בְּאַרְצְךָ֖ בִּשְׁעָרֶֽיךָ׃
Janganlah engkau memeras orang upahan yang miskin dan melarat, baik ia dari saudara-saudaramu maupun dari orang asing yang ada di negerimu, di dalam kota-kotamu.
English Explanation of Mishnah Bava Metzia
One that is hired during the day collects his wages all during [the ensuing] night. One that is hired during the night collects his wages all during [the ensuing] day.
One that is hired by the hour collects his wages all during [the ensuing] day or [the ensuing] night.
If one was hired by the week, or by the month, or by the year, or by the week of years, if his time of hire expired during the day, he collects his wages all during [the ensuing] day. If his time of hire expired during the night, he collects his wages all during [the ensuing] day and night.
Deuteronomy 24:14-15 and Leviticus 19:13, both command that a worker’s wages must be paid on the same day, before the sun sets. These verses deal directly with one who works during the day, presumably on a daily wage. Mishnah eleven deals with workers who work at night, and with workers who work on hourly, weekly, monthly or yearly wages. Mishnah twelve deals with other laws concerning the commandment not to delay a worker’s wages and its applicability.
The general rule of our mishnah is that an employer may pay his employee within one time period of either day or night from the time of the completion of the work. He may not withhold the wages any longer. If the work was done during the day the employer may pay his employee at any time during the ensuing night. If he were to wait until the following morning he would be violating the commandment not to delay payment. If the work was done during the night he has until the end of the ensuing day to pay the employee.
If the employee was hired on an hourly basis the same rule still basically applies: the employer has one time period from the time of the completion of the work to pay the employee, whether that time period is the day or the night.
Similarly, if the employee is hired on a long term basis, for instance a week, a month, a year or even seven years, and it was agreed that the salary would be paid only upon completion of the work, the employer basically has one time period after the completion to pay his employee. The one exception is if the work is completed at night. According to section three of our mishnah, in such a case he has two time periods: the entire day and the entire night. This clause seems to differ with the rule in section two and indeed the Babylonian Talmud states that the two clauses contain two distinct opinions stemming from two different sources.
One that is hired by the hour collects his wages all during [the ensuing] day or [the ensuing] night.
If one was hired by the week, or by the month, or by the year, or by the week of years, if his time of hire expired during the day, he collects his wages all during [the ensuing] day. If his time of hire expired during the night, he collects his wages all during [the ensuing] day and night.
Deuteronomy 24:14-15 and Leviticus 19:13, both command that a worker’s wages must be paid on the same day, before the sun sets. These verses deal directly with one who works during the day, presumably on a daily wage. Mishnah eleven deals with workers who work at night, and with workers who work on hourly, weekly, monthly or yearly wages. Mishnah twelve deals with other laws concerning the commandment not to delay a worker’s wages and its applicability.
The general rule of our mishnah is that an employer may pay his employee within one time period of either day or night from the time of the completion of the work. He may not withhold the wages any longer. If the work was done during the day the employer may pay his employee at any time during the ensuing night. If he were to wait until the following morning he would be violating the commandment not to delay payment. If the work was done during the night he has until the end of the ensuing day to pay the employee.
If the employee was hired on an hourly basis the same rule still basically applies: the employer has one time period from the time of the completion of the work to pay the employee, whether that time period is the day or the night.
Similarly, if the employee is hired on a long term basis, for instance a week, a month, a year or even seven years, and it was agreed that the salary would be paid only upon completion of the work, the employer basically has one time period after the completion to pay his employee. The one exception is if the work is completed at night. According to section three of our mishnah, in such a case he has two time periods: the entire day and the entire night. This clause seems to differ with the rule in section two and indeed the Babylonian Talmud states that the two clauses contain two distinct opinions stemming from two different sources.
English Explanation of Mishnah Bava Metzia
The law “You must pay him his wages on the same day” applies also to the resident alien, but not the law, “The wages of a laborer shall not remain with you until the morning”. Deuteronomy 24:14 specifically states: “You shall not abuse a needy and destitute laborer, whether a fellow countrymen or a stranger (ger) who is in your land within your gates.” Picking up on the word “stranger” the mishnah states that one who withholds the wages of a stranger violates the commandment in Deuteronomy. However, Leviticus 19:13, the other verse which prohibits delaying wages overnight, begins by stating, “You shall not defraud your fellow”. “Your fellow” implies your fellow countrymen, and therefore one who withholds the wages of a stranger does not violate the commandment in Leviticus.
German Commentary
an seinem Tage sollst du ihm seinen Lohn geben. Denn es heisst dort (Deut. 24, 14): „von deinem Fremdling, der in deinem Lande in deinen Toren ist“ — d i. der Torproselyte.
Rashi
עד בקר UNTIL THE MORNING — Scripture speaks here of a person hired for day-work (שכיר יום) whose departure from work is at sunset. The time for drawing his wages is therefore the whole night (and the law is not infringed provided he pays it before the moment of day break). In another passage (Deuteronomy 24:14) it states, "the sun shall not go down upon it (the man's wages)”. There, however, it is speaking of one hired for night-work (שכיר לילה) the end of whose period of work is at day break, therefore the time for drawing his wages is the whole day (but it must be done before sunset). The reason why he has the whole night or whole day to pay the wages is because the Torah gives the employer the time of one "Ona" (one half of the astronomical day; cf. for the meaning of the word Niddah 65b) to endeavour to obtain the money he requires for paying the wages (Bava Metzia 110b).