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DEUTERONOMY — 24:15 poor

DEUT1382 Scholars have noted that two different approaches, each virtually the opposite of the other, seem to have been employed by the midrash halakhah, the rabbinic method of exegesis, in interpreting the biblical laws (J.M. Guttmann, Bechinat Kiyyum ha-Mitzvot (Jerusalem: Makor, 1978), pp. 19-23). Sometimes what seems to be operating is a policy of contraction, limiting the law in question to the exact conditions specifically mentioned in the text and considering the slightest deviation from these conditions as sufficient to render the law inapplicable. On other occasions, the exegesis seems to be following a policy of expansion, extrapolating the law to similar situations and thereby broadening the area of its applicability beyond the specific terms of the biblical formulation. The observation has been made that the expansion approach seems to be used overwhelmingly in regards to laws grounded in the principle of kindness, justice, and peace, which we have suggested can be considered the essence of the Torah. Therefore, if one can assume that one has insight into the guiding principle behind the law, one can proceed to widen the scope of the law with confidence that one is still within the area intended. This roughly coincides with a group of laws dealing with matters bain adam le-chavero, "between man and his fellow man." Some examples of the method of expansion culled from this area follow. Concerning a "higher servant" who is "poor and needy" we are told, "in the same day thou shalt shall give him his hire." Yet in spite of the explicit reference to his being "poor and needy," the rabbis interpreted this to apply to any hired servant, be he rich or poor (Deuteronomy 24:15, Bava Metzia 111b). On the passage "Thou shall not take the widow's raiment to pledge," the interpretation was, "whether she is rich or poor" (Deuteronomy 24:17, Bava Metzia 115a). The prohibition "Thou shall not muzzle the ox when he treadeth out the corn" was understood to apply even when the ox was muzzled from before (Deuteronomy 25:4, Bava Metzia 90b). The injunction "No man shall take the mill or the upper millstone to pledge" was interpreted to apply to any object necessary to produce food (Deuteronomy 24:6, Bava Metzia 115a). The method of contraction, however, was utilized, it would seem, in regard to the ritual laws called chukkim or gezerot ha-katuv, whose rationale was not clear, or to laws that carried with them certain stated punishments. In regard to the former, the approach of the rabbis was to confine the law to the precise conditions mentioned in the text. Not understanding the underlying principles, the rabbis had little choice. Thus, the passage "You shall offer no strange incense thereon" whose intent is quite clear, was understood to mean that the individual person could not contribute any incense (Exodus 30:9, Menachot 3b). However, concerning the oil of anointment, the Torah said, "Upon the flesh of men it shall not be poured." The rabbis restricted this to "flesh of men," excluding animals, vessels, and the dead from the prohibition (Exodus 30:32, Keritot 6b). In regard to the redemption of the first-born, "All the first-born of thy sons [banekha] thou shalt redeem" was strictly interpreted as meaning sons but not daughters, although sometimes the word banim was understood to mean "children." (Exodus 34:20, Kiddushin 29a). Similarly, the biblical prohibition of combining meat and milk was interpreted as applying only derekh bishul, "if arrived at through cooking," in accordance with the wording of the passage: "Thou shall not seethe a kid in its mother's milk." (Exodus 23:19, Sanhedrin 4b) (Continued at [[NUM411]] Numbers 35:25 deliver SPERO 53).

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DEUTERONOMY — 24:15 same

DEUT1384 I have further seen fit to append to these laws the regulations governing paying the hire of laborers, since this matter is of supreme importance. It involves a number of explicit Torah prohibitions. Yet many individuals treat these laws lightly, because of our many sins. They find it easy to defer payment for some minor excuse, such as being too lazy to go and withdraw their deposits, or to change a large bill so as to pay the worker on time. Legally, one is obliged to comply with all the regulations, even where the worker is well-to-do. How much more careful must the employer be where the worker is poor, to pay him on time, so that he and his household will have the wherewithal to live, as Scripture states [this verse]. Come now and see what the Zohar (Leviticus 19:13) has to say: "Why does Scripture state: 'The wages of a hired servant shall not abide with you all night until the morning'? The reason for this last injunction is to be found in [this] verse, that is to say, that you not be gathered from the world on his account before your time comes. From this we learn another thing, that if one restores the soul of a poor man, even if his own time has arrived to depart from the world, God restores his soul and gives him a further lease on life. To withhold the wages of a poor man is like taking his life and the life of his household. As he (the employer) diminishes their souls, so God diminishes his days, and cuts off his soul from the other world. For all the breaths which issue from his (the poor man's) mouth for the whole of that day ascend and stand before the Almighty, and afterwards his soul and the souls of his household ascend and stand in those breaths. Thus even if the length of days and many blessings have been decreed for that man, they are all withdrawn, nor does his soul mount aloft. Therefore R. Abba said: God save us from them and their plaint! And the same is true even if it is a rich man, and his right is withheld from him, and surely if he is a poor man.

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DEUTERONOMY — 24:15 same

DEUT1383 As the wording of this verse suggests, this law would apply with particular force to those who employ domestic help, [If the person is employed on a full-time basis, then other mutually agreed upon arrangements can be made, such as payment once a week] people who often require their wages for their daily needs and who have little or no savings.

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DEUTERONOMY — 24:15 wage

DEUT1387 Pay daily laborers their wage at the completion of the work day. Such laborers are usually poor. They need their wages immediately so that they can buy food for themselves and for their families. Therefore, their employers must be punctual in paying their wages. Out of His great kindness, Hashem commands us about the matter to teach us to behave with mercy and concern towards others, and make sure that the needs of the poor are met. Thereby, we perfect our characters and become worthy of Hashem's blessings, which pleases Him, for out of His perfect goodness, He wants to bestow His blessings upon us. See [[LEV369]] Leviticus 19:13 wages CHINUCH 147-8.

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DEUTERONOMY — 24:15 wages

DEUT1389 "He who with holds a worker's wages is as though he deprived him of his life" (Baba Metzia 112a). The rabbis also warned employers that the withheld wages would not enrich them. On the contrary, their transgression would result in the loss of their estates (Bamidbar Rabbah 11). The biblical allegation that a worker "sets his soul upon it" [his wages; this verse] was interpreted literally by the rabbis. "Why did the man ascend the ladder, suspend himself from the tree, and risk death itself; was it not that you should pay him his wages?" (Baba Metzia 112a)

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