Chapter 185 : The laws of borrowing and hiring

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§1

One who borrows or hires an animal or moveables from his neighbor is not permitted to lend or hire out to another without the owner's consent. Even (in the case of) books where there is a religious duty to lend them, we don't say that the owners will approve of a religious duty being done at their expense, in case it isn't their wish that this item of theirs will be in possession of someone else whom they don't consider trustworthy. However, it is allowed for the borrower of the book to allow another to learn from it inside his (the borrower's) home, provided that he only learns by himself and not two people together. If it is known that it is the custom of the owners to trust the second party in such matters, then the borrower may loan to this one and the one who hires may hire out to this one.

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§2

It is a religious duty to pay the wages of a hired workman at the proper time, if one delays one transgresses a negative commandment, as it is said: ¹ "At his day give him his wages, and the sun shall not set on it" Similarly, it's a religious duty to pay for the hire of an animal or utensils at the proper time, if one delays one transgresses a negative commandment, as it is said: ² "You shall not oppress an hired servant that is poor and needy... at his day give him his wages." What is the proper time? If he finished the work during the day the time (to pay) is the whole day, and if the day passed and one hadn't paid him, one transgresses "At his day give him his wages, and the sun shall not set on it". If he finished the work after the end of the day and night had started, the time (to pay) is the whole night. The night has passed and one hasn't paid, one transgresses over: ³ "The wages of him that is hired shall not remain with you... until the morning". Similarly, for one hired by the week, or hired by the month, or hired by the year, if he finished his work in the day he may be paid during the entire day, if he finished his work during the night he may be paid during the whole night but no later.

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1. Deut. 24:15.
2. ibid. v14.
3. Lev. 19:13.

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§3

Similarly, if one gave a garment ¹ to a tailor ² to repair at an agreed price and the latter brings it to him during the day, he has time (to pay him) during the day only. If he brought him it at night he has the whole night only to pay. However, the whole time the garment is with the tailor even though the work is done, the owner doesn't transgress even if it is with the tailor for several days, even if he notified him to come with money and take what is his, in any event he has not transgressed.

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1. The word "tallit" is used as an example of a garment requiring some skill to fix.
2. The word "craftsman" - oman - is used, meaning an expert in his trade.

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§4

One doesn't transgress the laws of "not letting him wait" and "the sun shall not set" unless the one who was hired asked and one has money to give him. However, if he didn't ask or he did ask but one hasn't the money one doesn't transgress. In any event, it is righteous conduct to borrow in order to pay the worker on time, for he is poor and on this (money) he has set his heart. Those who are accustomed not to pay the workers until (after the final) account, then even if they have asked for a small sum which certainly they have earned, in any event, they haven't transgressed because its known that this is their custom and on this understanding they were engaged.

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§5

A workman who did his work and spoiled it, even by his own negligence, in such a manner that legally he is responsible to make good, it is a religious duty for the owner to waive his legal right and forgive him, as it is said: ¹ "That you may walk in the way of good men" and if the worker is poor and has nothing to eat, it is a religious duty to give him his wages, as it is said: ² "And keep the path of the righteous." Which is the path of the righteous? To keep the way of the Lord, to do charity and justice, more strictly than the law requires.

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1. Prov. 2:20.
2. ibid.

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§6

The same way that the owner is warned not to steal the poor (worker's) wages and not to pay it late, similarly, the poor (worker) is warned not to neglect the owner's work, and is obliged to work with all his might as said Jacob our father, peace be with him: ¹ "For with all my power have I worked for your father." Therefore, the worker is not allowed to work at night and hire himself out for the day, because he will already be weak from (his work at) night. Similarly, he is not allowed to work his animal by night and hire it out during the day. The worker is not allowed to starve or stint himself, because this weakens his strength so that he won't be able to do the owner's work properly. This is also the law regarding a teacher. See further Ch. 165:12.

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1. Gen. 31:6.