Deuteronômio 24:15 Referências do Talmudee: Jerusalem Talmud Shevuot, Jerusalem Talmud Maasrot, Jerusalem Talmud Bava Metzia & Sukkah

Rebbi Abin said, since the householder has many occupations they instituted that the journeyman should swear and collect¹²In the Babli, 45a, this is an anonymous statement. Since it comes at the end of a lengthy discussion, it is Amoraic.. [Rebbi Yose ben Rebbi Abun said, there¹³The insert is from a Genizah text; it is superfluous and questionable in that it fixes the origin of the institution in Babylonia (“there”). they instituted that the journeyman should swear and collect;] similarly they instituted for the householder that if its deadline had elapsed, he cannot swear and collect¹⁴Mishnah Bava meṣi`a9:13, Tosephta Bava meṣi`a10:5. The journeyman is hired for the day. It is sinful not to pay the journeyman immediately after his work is done (Deut. 24:15). Therefore one may assume that the laborer asked for his wages immediately and that he was paid since it is difficult to assume that the householder would sin in withholding the wages. But if there are witnesses that the laborer asked and was not paid, the presumption of permanence of the status quo ante requires one to assume that he was not paid until the opposite is proven.. Rebbi Ḥiyya stated, if there are witnesses that he claimed it in time, he swears and collects¹⁴Mishnah Bava meṣi`a9:13, Tosephta Bava meṣi`a10:5. The journeyman is hired for the day. It is sinful not to pay the journeyman immediately after his work is done (Deut. 24:15). Therefore one may assume that the laborer asked for his wages immediately and that he was paid since it is difficult to assume that the householder would sin in withholding the wages. But if there are witnesses that the laborer asked and was not paid, the presumption of permanence of the status quo ante requires one to assume that he was not paid until the opposite is proven. even after a year. Rebbi Yose said, he has only that single day¹⁵He disagrees with the Tosephta and holds that the inversion on the rules of oaths is valid only for 12 hours after the end of the working day. Later the householder would have the option to swear and to free himself from paying since it must be assumed that the laborer would have gone to court immediately had he not been paid. This opinion has no parallel elsewhere.. Rebbi Jonah said, Rebbi Yose ben Rebbi Ḥanina and Rebbi Simeon ben Laqish disagreed. One said, if he claimed from him during daytime, he has only that day; if in the night he has only that night¹⁶The hours worked by a laborer hired for the day are set by communal standards (Mishnah Bava meṣi`a7:1) but at most are from daybreak to nightfall. Therefore, a day laborer must be paid between the end of his working day and the end of the following night; a worker hired for the night must be paid before the end of the next day.. But the other said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave¹⁷If the laborer claims that he was not paid and his employer says that he was paid, this is a situation analogous to that of an oath about a deposit and the laborer swears and collects. But if the householder agrees that he has to pay, the court has to assume that he will keep his word and fulfill his religious duty in paying promptly.. We do not know who said what. Since Rebbi Ḥama bar Uqba said in the name of Rebbi Simeon ben Laqish: if he claimed from him during daytime, he has only that day; if in the night he has only that night, therefore Rebbi Yose ben Rebbi Ḥanina is the one who said, if he claimed from him and he said, I gave. But if he said, I shall give, the presumption is that he gave. Rebbi Mana said, sometimes he claims after its time and it is considered as in time. How is this? He claimed from him and he¹⁸The laborer claimed and the employer said. said to him, did I not say to you that I gave at that date? That date becomes as if it were yesterday; one gives him one measure¹⁹The 12 hours of the next day to claim, swear, and collect under the rules of the day-laborer..

¹⁴²A different text with similar meaning in Sifry Deut. 266; a different baraita Babli Baba Meẓi‘a 87b. It is written (Deut. 23:25): “If you come into your neighbor’s vineyard¹⁴³The verse reads: If you come into your neighbor’s vineyard you may eat grapes to all your soul’s desire until you are satiated, but do not put anything into your own vessel..” I could think that this means everybody; the verse says: “Do not put into your own vessel,” but you may put into somebody else’s vessel. Who is this? This is the laborer¹⁴⁴Who harvests into the farmer’s vessel.. “You may eat grapes.” Do we not know that in a vineyard there is nothing to eat but grapes? Why does the verse say, you may eat grapes¹⁴⁵What is the practical difference between “you may eat in the vineyard” and “you may eat grapes in the vineyard”? The same argument Yerushalmi Baba Meẓi‘a 7:5.? From here [it follows] that if he works fig trees he cannot eat grapes, vines he cannot eat figs. “All your soul’s desire,” all that your inclination may be. “All your soul’s desire,” anything that is free from tithes. What you eat without obligation also the laborer may eat without obligation¹⁴⁶This and the following parallel argument refer כנפשך to the employer’s soul and desire, not the laborer’s. This interpretation is also in all parallel sources.. “All your soul’s desire,” from here that the laborer should not eat more than the value of his wages. From here did Rebbi Eleazar Ḥisma¹⁴⁷A Tanna of the third generation, student of R. Joshua in the Academy of Jabneh. His statement is in Mishnah Baba Meẓi‘a 7:4, Tosephta Baba Meẓi‘a8:8. deduce that the laborer should not eat more than the value of his wages, but the Sages permit it. From where that his wages are called his soul? Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina, it says here “his soul” and it says at another place “his soul” as it is written (Deut. 24:15): “For that he carries his soul.” Just as “his soul” there means his wages, so here “his soul” means his wages. “Until you are satiated,” that he should not eat and vomit¹⁴⁸He should not induce vomiting to free his stomach for more food.. “Until you are satiated,” that he should not peel figs or suck out grapes¹⁴⁹Tosephta Baba Meẓi‘a 8:8. The laborer has to eat all that is edible..

MISHNAH: A person hired for the day collects the entire night⁶⁹Since he works until sundown, he cannot be paid during the day. If he was not paid by daybreak the next morning, his employer has sinned against the rule that “one may not withhold a hireling’s wages until the morning” (Lev. 19:13).; a person hired for the night collects the entire day⁷⁰If he is not paid promptly, the employer sins against “you must pay his wages on his day” (Deut. 24:15).. A person hired for hours collects the entire day and the entire night⁷¹This is explained in the Halakhah..
A person hired for a week, a month, a year, or a Sabbatical period, if he finishes during daytime, he collects the entire day; if he finishes at nighttime, he collects the entire night and the following day.