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HaRav Yishai Natan –
I rent an apartment from a fellow Jew, and the rent is due on the first of each month. I often forget to pay on time, or for different reasons I end up paying a few days late. When I mentioned this to someone, he suggested that I may have been transgressing the issur of Bal Talin each time this happened. Is he correct?
Am I over the averah of Bal Talin every time I pay a day late?
The Tur[1] writes that the issur of Bal Talin – paying your workers on time, applies also to renting animals, and renting keilim – movable objects. However, regarding land, the Yad Ramah — also known as the Ramah — rules that there is no issur of Bal Talin. His reasoning is based on the pasuk (Devarim 24:14): “lo ta’ashok sahir ani ve’evyon… asher be’artzecha” — do not withhold wages from a worker… who is in your land. Implying that the prohibition applies only to something within your land, but not to the land itself.
Although there is an issur regarding not paying for rented animals and keilim which are not a worker, that is because they are similar to a worker. Just as a worker performs labor, so too the animal or object performs work. Land, however, does not perform work. Rather, work is done on it. Therefore, land is excluded.
Maran in Shulhan Aruch[2] brings the ruling of the Tur, but does not mention the Ramah by name. Instead, he writes that “there is someone who says” that there is no issur regarding land rentals. Some understand that Maran does not fully agree with the Ramah, which is why he uses this language[3]. However, it is more reasonable to say that he wrote it this way because he did not find other opinions on the matter that disagree[4].
Nevertheless, the Gra[5] challenges the Ramah. He notes that the explanation of the pasuk quoted by the Ramah does not fit with the tanna of our Mishnah, which would suggest that we do not follow it. Additionally, other Rishonim, such as the Sma”g and Yereim, disagree with the Ramah. Also, his opinion is against a clear Beraita in Torat Kohanim. Therefore, many poskim rule that one should be mahmir, since this is an issur min haTorah[6]. Similarly, Hacham Ovadia Yosef[7] writes that this matter is not fully decided, because of the opposing views of the Sma”g, Yereim, and the Beraita.
Furthermore, the Ketzot HaHoshen[8] holds that even according to the Ramah and Maran, who exempt land rentals, there would still be an issur when renting houses. This is because a house is considered talush ve’levasof hibro — something that was originally movable and was later attached to the ground. Therefore, it receives the status of keilim, which are subject to Bal Talin. Although Harav Aharon Kotler[9] disagrees with the proofs of the Ketzot HaHoshen, the Hafetz Haim nevertheless writes that one should be more stringent with houses than with land, based on this reasoning.
In addition, if the house is furnished, then part of the rental payment is for the furniture, which are keilim. In that case, there would certainly be an issur of Bal Talin regarding that portion of the payment[10].
Nevertheless, Maran in Shulhan Aruch[11] rules that if the work was completed and the worker does not ask for payment, there is no issur of Bal Talin. Accordingly, regarding rent as well, if the landlord does not request payment on the day it is due, there would likewise be no issur.
Furthermore, in most rental situations, there may not be an issur of Bal Talin, because the obligation to pay is usually on the first of the month, before the usage of that month. We generally find that the issur applies only after the work has already been done, not to payment for future usage[12]. Although this point is not discussed explicitly by the earlier poskim, it appears to be a reasonable conclusion.
However, all of the above is only regarding the issur min haTorah of Bal Talin. There still remains an issur derabanan if the landlord requests payment and one does not pay that same day[13].
In conclusion, one should certainly be careful to pay rent on time, since there may be an issur of Bal Talin either regarding land, or according to some opinions, regarding houses. Nevertheless, if the landlord did not request payment on the due date, or if the payment was due before the rental period began, there would be no Torah level issur of Bal Talin. However, there would still be an issur derabanan if payment was requested and not given promptly.
[1] חו׳׳מ שלט:א
[2] שם
[3] ברית משה על הסמ׳׳ג קפא
[4] שער משפט הובא בפתחי תשובה
[5] שו׳׳ע שם
[6] פתחי תשובה בשם שער המשפט, חפץ חיים באהבת חסד ט:ה, ערוך השולחן שלט:ב
[7] יביע אומר ו:כה:ג
[8] שלט:א
[9] משנת רב אהרן ב:עב
[10] ע׳ משפט שלמה דף יא, חלקת בנימין שלט:א:ט
[11] שם סעיף י
[12] חלקת בנימין שם:לו
[13] ע׳ שו׳׳ע שם סע׳ ח, גר׳׳א יד, ערוה׳׳ש ח