[Avodah] workers righs

[Micha Berger via Avodah]

On Sun, Oct 02, 2016 at 05:35:26AM -0400, Akiva Miller via Avodah wrote:
: From this tiny snippet, I can only guess what the CC's reasoning might have
: been, and that guess is along the lines of "It is better to be a m'tzuveh
: v'oseh, but if you pay before the wages are due then you'll be merely an
: aino m'tzuveh v'oseh."

Well, I don't think it's an eino metzuveh ve'osah, even. If one pays
immediately after the job is completed, one is fulfilling both the
mitzvah of keeping one's word (hin / "hein" tzedeq) and lo salin. If
one pays before then, even if that's the contract, one loses lo salin.
But of course, if that is the contract, hein tzedeq would trump the
creating an opportunity to fulfill lo salin.

I assume you are also concerned with the worker who really needs the
money. In which case, I don't know if the CC would also recommend creating
an opportunity to fulfill lo salin trumps giving tzedaqah when the guy
really needs it.

I too need to see inside; my inclination is to deminish the implication
to "all else being equal" situations.

: While this logic may be valid technically, it is hard for me to imagine
: that the Chofetz Chaim would advise us to do a mitzvah in a way that gives
: the employer more s'char, rather than doing it in the way that the employee
: prefers.

I dunno... I think it's leshitaso. The CC has a very deontological
(morality as rule-obedience) view of morality, and you're thinking
consequentialist. Remember, we're talking about the first rav who
thought it necessary to pin down hilkhos shemiras halashon into a
codified format. Until then, we were apparently happy enough with a
moral do-what's-obviously-right approach.

Remember also his pesaq (CC part I, 4:12) WRT asking mechilah for
something the person doesn't know you spoke LH about him, and will be
hurt by finding out. The CC held he should; RYS was so against this 1
pesaq, he wouldn't give a hasqamah to the entire book!

GCT and :-)@@ii!
-Micha

-- 
Micha Berger             If you won't be better tomorrow
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