Bava Metzia - Daf 112
- An employer who transferred the employee to a storekeeper to be paid re: בל תלין
The Mishnah on the previous Daf taught: המחהו אצל חנוני או אצל שולחני – if the employer transferred [the employee] to a storekeeper or moneychanger to be paid, which Rashi explains means that he transferred the debt to them from which the employee draws food or money for their wages, the employer does not violate בל תלין if he is not paid on time. A Baraisa darshens this from the word "אתך" – with you, meaning he is only liable for withholding payment while it is his responsibility to pay, but not when he transferred the payment to a storekeeper. The Gemara asks: חוזר או אינו חוזר – can [the employee] return to the employer if he was not paid by the storekeeper, or may he not return? Rav Sheishess says he cannot return to be paid by the employer, and Rabbah says he can. Rabbah says the Mishnah supports his view, because it states that if he sent the employee to be paid by a storekeeper, "אינו עובר" – he does not transgress בל תלין, which implies he only avoids the prohibition, but still owes his wages. Rav Sheishess responded that the Mishnah means אינו בתורת לעבור – he is not in the category of transgressing, because he no longer owes the wages.
- Why a hired worker can swear and collect his wages: בעל הבית טרוד בפועלים
The Mishnah taught: שכיר בזמנו נשבע ונוטל – if a hired worker claims his pay when it is due, he may swear he was not paid and collect it. The Gemara asks why the Rabbis instituted this law, and Rav Nachman says in Shmuel’s name: תקנות קבועות שנו כאן – permanent enactments were taught here. Fundamentally, the employer should swear that he paid to exempt himself, but the Rabbis removed the shevuah from the employer and placed it upon the employee, משום כדי חייו דשכיר – because of the employee’s livelihood. The Gemara ultimately explains: בעל הבית טרוד בפועלים הוא – the employer is preoccupied with his workers and may mistakenly think he paid when he did not. Therefore, the Rabbis allowed the employee to swear he was not paid and collect. The Gemara asks that if so, he should not even need to swear, and answers: כדי להפיס דעתו של בעל הבית – to appease the mind of the employer, who would be frustrated if the employee could simply claim he was not paid and collect.
- Why an employee cannot swear and collect by קצץ and עבר זמנו
The Gemara asks, if an employee swears to collect because the employer is preoccupied with his workers, the same should hold true when they dispute the amount of wages he stipulated. Yet, a Baraisa teaches that an employee must bring proof where they dispute the amount agreed upon for payment!? The Gemara answers: קציצה ודאי מידכר דכירי לה אינשי – People certainly remember the amount of a stipulation, despite preoccupation with workers. The Gemara asks further, that if the employer cannot remember if he paid, why does the Mishnah state that once the time for payment has passed, he cannot swear and collect? It explains: חזקה אין בעל הבית עובר משום בל תלין – there is a presumption that an employer does not violate בל תלין. Although we are concerned he may mistakenly believe he already paid, that is only before payment is due, אבל מטא זמן חיוביה – but once the time of his obligation arrives, רמי אנפשיה ומידכר – he places it upon himself to remember if he has not yet paid. Although there is also a presumption that the employee would not steal, the employer has a second חזקה supporting him, דאין שכיר משהא שכרו – that an employee does not delay collecting his wages.
