Priorities in Paying Wages

Based on a Naaleh.com shiur by Rabbi Beinish Ginsburg

The Chafetz Chaim writes that if you hire two workers and you only have enough money to pay one, you must pay the more impoverished worker first. This is hinted at in the Torah, which mentions the word ani (a poor person) in connection with the commandment of paying a worker on time.

If both workers are equally poor and one of them is a relative, the relative does not take precedence. If you don’t have enough money to pay both of them, you must split the money you do have between them. Then when you have the rest of the money, you can make it up to them.

If you hired a worker the day before and could not pay him on time and then you hired a second worker the next day and you now have a chance to pay him on time, which worker takes precedence? Jewish law dictates that one should pay the second one first to in order to avoid violating bal talin again.

You shouldn’t hire a worker if you know you won’t be able to pay him, unless the worker agrees to wait. If the minhag hamakom (custom) is that a worker gets paid on the pay day determined by the employer, then you can hire a worker and not pay him right away because it’s assumed that the worker has agreed to be paid later.

If you hire a worker and you know you will not be present on pay day, you should set aside money to pay him so the money’s there when the work is completed.

One who holds back the wages of a worker is considered as if he has killed him. The Alshich says that one must be very careful in this matter. If a worker who hasn’t been paid returns home to his hungry family and they cry out to Hashem, He will listen to them because He hears the prayers of those who suffer. Not only has the employer then violated bal talin and gezel (stealing) but also lifnei ivir (not placing a stumbling block), because he has caused Jews to pray to Hashem to hurt another Jew

The Arizal says that whoever fulfills the mitzvah of paying a worker on time receives great reward in this world too. This is in addition to the reward awaiting him in the world to come. This is hinted to in the verse, “B’yomo titen secharo.” On that day you shall pay his wages. The first letters are bet, taf, shin, which spell Shabbat. When a Jew keeps Shabbat he receives a neshama yeteira (an extra soul). This also occurs when a person pays his workers on time.

One should set the price before the work begins to avoid questions of gezel. It’s very common for a worker to argue over compensation. Even if he forgives you to avoid further argument, deep down he may not forgive you completely and there may be a question of dishonesty.

In the event a set price wasn’t established, the wage is calculated according to the norm. It is very hard to calculate exactly what that is, and if you pay your worker less it could be gezeila. If you want to avoid this, you’ll have to end up giving more. Therefore, one should always set the price first. A Torah scholarshould be extra careful to do this in order to avoid a chilul Hashem (profaning Hashem’s name).

 

Ahavat Chesed: Why Can’t I Just Be A Good Person

Based on a Naaleh.com shiur by Rabbi Beinish Ginsburg

The Chafetz Chaim wrote Ahavat Chesed when he was close to fifty years old and already well regarded in the Torah world. Normally authors much younger and relatively unknown will gather approbations for their work.  Yet the Chafetz Chaim solicited haskamot for Ahavat Chesed, including one by the noted Torah scholar, the Netziv, which will be discussed here. The Netziv had his own angle on chesed that fits perfectly with the approach developed in Ahavat Chesed. The Chafetz Chaim had two themes in mind when he wrote his work. First, to teach us the technical details of the mitzva including what is prohibited and permitted. Second, to emphasize that chesed is not just a thoughtful act but an actual mitzvat asei in the Torah. These two points are interconnected, because the fact that chesed is a mitzva, impacts the details of the halachot.

 

Hashem created man with an intrinsic need to do chesed. Kindness is built into human nature. The Torah describes Hevel as “achiv,” the brother of Kayin. Why does the Torah emphasize this? Of course Hevel was Kayin’s brother. The Netziv writes that Kayin felt a natural brotherly love for Hevel and wanted to do chesed with him. Indeed, at the beginning he gave Hevel some of his produce. The Torah makes special mention of the story of Sedom and how they were decimated to teach us that lack of chesed corrupts our basic human essence.

 

Rav Nissim Gaon explains that everyone is obligated in logical mitzvot. How can he possibly say that non-Jews are obligated in chesed if it is not one of the Seven Noachide Laws? The gemara in Sanhedrin answers that these seven laws only include the “don’ts.” The “do’s” include many more. Everyone, including non-Jews, is obligated in chesed because it is part of being human. Jews have a double obligation because it is also a mitzva in the Torah.

 

 

Hashem promises that one who fulfills the mitzva of shiluach haken will achieve long life anywhere in the world. However, with regard to kibud av, which is harder to fulfill, the Torah promises reward, long life “al ha’adama,” in Eretz Yisrael. What is the difference? The Rambam explains that a Jew receives more reward in the land of Israel because it is Hashem’s palace and His Divine Presence is more closely felt there. Therefore, the verse says, “al ha’adama” to teach us that a person receives more reward in Israel even for a logical mitzva like kibud av, because it is a mitzva in the Torah. Chesed too, though it is an easily understood mitzva, is a mitzva in the Torah and therefore, comes along with all its ramifications. The Netziv notes that even though a logical mitzva makes sense in general, its details may not because Hashem’s standards are higher than normal human standards. It is not dependent on common sense or feelings. Rather, each mitzva includes its myriad halachot.

 

The Chafetz Chaim wanted to highlight the significance of kindness, and that it is a mitzva and not just a thoughtful act.  May our studies of his monumental work help us reach ever greater heights in middat hachesed.

Chofetz Chaim -Laws of Proper Speech- Avak Lashon Hara

Based on a Naaleh.com shiur by Rabbi Beinush Ginsburg

Avak lashon hara is not actual lashon hara but involves anything that is associated with lashon hara and that can lead to it. While lashon hara is a Torah prohibition, avak lashon hara is a Rabbinic prohibition. The first category of avak lashon hara would be insinuating something negative.  “Who would’ve thought Shimon would turn out the way he did,” or “I don’t want to speak any lashon hara about Reuven,” are examples of avak lashon hara where nothing negative is actually said but there is a veiled hint.

The second category of avak lashon hara is praising someone excessively in public. The Gemara writes, “Al yisaper shivcho shel chavero…”- A person should not praise his friend for he will end up discussing his faults as well.  This does not mean that one should refrain from praise completely as we see many instances in Chazal where people were praised. Rather according to Rashi this means that one should not praise excessively and according to the Rambam it means that one should not praise a person in front of his enemies. This includes praising someone in public as there is bound to be someone who will say something negative. The one exception is a great tzaddik who may be praised publicly as even if something evil is mentioned, everyone will dismiss it as false.

In light of this halacha, how do we understand the custom of excessively praising a chassan and a kallah or a bar mitzvah in public? Normally, at a simcha, people expect the chassan and kallah to be praised. Therefore there is no concern that people will get excited about excessive praise or that it will lead to negative comments. Similarly, the Maharsha notes that one is allowed to praise ones Rebbe because every student knows to praise his Rebbe so it will not lead to jealousy or lashon hara.

May we merit to purify and elevate our speech and may this helps us attain spiritual perfection for the coming year.

NEW Course! ‘Chofetz Chaim Laws of Proper Speech III’

Rabbi Beinish Ginsburg is back with his popular Lashon Hara class for a third series!

Powerful Words: Chofetz Chaim Laws of Proper Speech III
The Laws of Proper Speech, codified in Sefer Chofetz Chaim, are the foundation of many of the laws governing human interaction. Rabbi Beinish Ginsburg teaches Sefer Chofetz Chaim, detailing the laws of proper and improper speech. Every class begins with a textual analysis of the sefer, and then discusses practical applications of the material discussed. Rabbi Ginsburg’s ultimate goal is encouraging self awareness and self-improvement in the areas of Mitzvot bein adam l’chavero (human relations).

Check out the first class in this series:

Believing Lashon Hara

In this Torah shiur on the laws and perspectives pertaining to one’s speech, Rabbi Beinish Ginsburg begins klal 6 of Sefer Chofetz Chaim, which talks about the prohibition to believe or hear any derogatory speech about others.

‘Chofetz Chaim: Laws of Speech’ by Rabbi Beinish Ginsburg

Naaleh.com welcomes a wonderful new addition to its courses, Rabbi Beinish Ginsburg’s class “Chofetz Chaim: Laws of Speech”. The class is a wonderful insight into the Sefer Chofetz Chaim, the paramount book on the Laws of Proper Speech. Rabbi Ginsburg begins each class with textual analysis of Sefer Chofetz Chaim (written by Rav Yisrael Meir Kagan), and then discusses practical applications of the material discussed.

Topics so far have been:

The Power of Words
Your Words Create You
Axiom for Avoiding Aveirot
Lashon Hara: The Root of Destruction
Ignorance Causes Improper Speech
Lashon Hara: ‘Mother’ of Aveirot

Rabbi Ginsburg’s ultimate goal is to encourage self awareness and self-improvement in the areas of Mitzvot bein adam l’chavero (human relations). May this new class help improve the lives of Naaleh students and those around them.