Thursday, April 22, 2021

Pay The Worker

 לא תלין פעולת שכיר אתך עד בוקר.  The Mishnas Yaavetz has a chakirah in this issur which he uses to explain many things.  Is the issur a monetary issur, the claim the worker has on the employer creates an issur or is it an issur v'heter law, besides owing the worker money, the Torah also slaps an issur on the employer.  I just want to add here what would seem to be a contradiction in the Rambam.  

There is a machlokes in the Gemorah Bava Metzia (111a) between Rav and Shmuel if when one hires a night worker if the issur of בל תלין kicks in at the end of the night or only at the end of the following day.  The Rif, Rambam and Rosh follow Rav because we rule like him in issur the law follows him in issur.  The Haghos Meimonios (Scirus 11:1) asks that the law should follow Shmuel because it is a monetary issue.  We see they disagree in the above chakirah.  That would mean the Rambam holds its a monetary issur, an extension of the workers' claim. 

The Rambam Scirus (11:1) says there is no lashes for violating בל תלין because its ניתן לתשלומין.  Asks the Minchas Chinuch (230:5,) that the Rambam himself rules if you take a משכנו שלא ברשות, there is lashes.  The Maggid explains the reason that there are lashes is because the issur is not a financial issur, it’s in the act of taking the collateral.  Asks the M.C. so why is not paying a worker not the same thing?  The M.C. understood the averah here is an issur law, and the paying doesn’t amend that. The Rambam must hold that the issur is a monetary issur and that is amended by payment.  However, this contradicts the previous Rambam?

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