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Payment requirements for the private salesman
By Dayan Dovid Grossman
There is one Halachic classification of work which can lend itself to confusion. A Po’el – laborer – who works by the hour is called a S’chir Yom (lit. day laborer). An independent contractor, who is paid by the job, is a Kablan. Each of these categories comes with its own set of rules and Halachot.
There is a third category of employment, which is an arrangement neither by the hour nor by the job, but rather a sales job. This Halachic designation of Mekah – sales – applies when a worker constructs something in his own time and with his own materials, and then sells it.
The worker who uses his own material to construct a cabinet, sew a garment, or even write a Sefer Torah does not have an employment arrangement with the buyer. Rather the buyer purchases the product once it is complete. There may be a requisite down payment, or some payments made along the way. But the worker is using his own materials and his own infrastructure. Therefore, he is considered as working for himself, as a Mekah.
On-Time Sales Payments
The Halachic designation of the Mekah makes a difference with regards to terms of payment. According to the Halacha of Bal Talin, an employer must pay his worker on time. In the case of a Po’el or a Kablan, the employee is obviously working for the boss, and the boss must make sure to pay him. This may apply even if one is creating a cabinet or sewing a garment. If he is using the boss’s material, or working on the boss’s time, he still falls under the category of a Kablan or Po’el.
In the case of the Mekah, there is no Mitzvah D’Oraita (Torah obligation) of Bal Talin, to pay the salesman on time. However, there is a Mitzvah D’Rabbannan (rabbinic obligation) to pay the Mekah as soon as possible. This is based on the Passuk in Mishle: “Al Tomar L’Havercha Lech VaShov, Umahar Eten..” “Do not say to your friend, ‘Go and return and tomorrow I will give’, though you have it with you.” If you have the ability to pay the Mekah, do not send him away for another day. It is a Mitzvah D’Rabbannan to pay the Mekah on the same day the goods are delivered or services rendered.
Paying for the Party
The common application of this principle is in the case of wedding vendors. The Ba’al Simha books a caterer, rents a hall, and hires a band. Is he obligated in the Mitzvah of Bal Talin, to pay these vendors that same day?
It depends on the nature of the product or service.
It is questionable if the hall rental falls under Bal Talin. There is a question among the Poskim if renting moveable objects (Mitaltelin), is in the same category of renting a home or building (Karka). A home or building does not fall under the Halacha of Bal Talin, while there is a debate whether renting moveable objects, such as the tables and chairs, falls under this category.
Waiter services and the like are a classic case of Sechirut Po’alim, a regular employment which is subject to Bal Talin and must be paid that same day.
The caterer’s fee, however, is for the food and that is considered a Mekah. The Ba’al Simha pays for the portions of food prepared for the wedding guests. As a Mekah, the caterer is not included in the Torah obligation of Bal Talin.
Whether a product or service is designated as a Po’el, Kablan or Mekah can have Halachic ramifications regarding payment. In every case, it is important to understand which category you are hiring.