[Avodah] early bird specials and ribbis

[Zev Sero]

David Riceman wrote:
> From: "Zev Sero" <zev at sero.name>

>> It's an open mishna on BM 65a.  "One may add to rent but not to
>> a sale price".  The gemara explains that this is because rent is
>> not due until the end of the period, whereas the price of a sale
>> is due as soon as the property transfers.

> This is not a good analogy.  The mishna is cited l'halacha in YD 176:6, 
> where it is applied both to rent and to wages, but only if the renting 
> or working begins immediately (see Taz ad. loc.).  Now look two halachos 
> down at 176:8 which prohibits a discount for early payment of wages if 
> the work does not begin immediately.

The reason for that is that while it's normal to advance wages to an
employee, it's not normal to do so to someone who isn't yet an employee
but has merely agreed to become one at some future time.  Therefore the
transaction *appears* like a loan, and the subsequent employment as a
way of paying the loan.  The problem is not with the reality, which both
parties know, but with the appearance.

Once the employee has started working, it is permitted to advance
wages, and for the employer to deduct from those wages a fee for early
payment, even though legally the situation is exactly the same, because
the employee is free to quit at any time, so he might never perform
the work for which he was paid.  If that were to happen, the money
would turn into a loan, and would have to be repaid.  And yet it is
permitted to do this, because its nature is obvious, and nobody will
suspect that it's really a loan.


-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas