Religion & Beliefs

Cough It Up- Laborers Should Be Paid On Time and Other Jewish Business Rules

By Tamar Fox / September 4, 2007
Jewcy loves trees! Please don't print!

Since yesterday was Labor Day here in the States, and since I actually had class on Labor Day (not that I’m bitter) I’ve been thinking about Jewish law in connection with physical labor, laborers and business. We’ve talked before about slavery and how much of a problem it still is in the world. Recent estimates put the number of slaves in the world today around 27 million. This number includes many millions of women used as sex slaves, and several million children. But labor issues are relevant in less extreme situations as well. You can always try to buy fair trade, which helps to ensure that farmers with small farms and/or artisans are being paid a fair price for their services and goods. And maybe the easiest way to keep some the labor mitzvot is to always pay for what you buy right away, especially when it involves labor. This means everyone from your contractor to your bartender. Leviticus 19:13 says, “Do not defraud your neighbor or rob him. Do not hold back the wages of a hired man overnight.” Which is to say, if you hire someone to do work for you, and they do the work, don’t leave them high and dry—even if it’s only for a little while. We tend not to think about this kind of thing because it seems obvious, but in my experience Jewish organizations are incredibly bad at paying on time. One of my first jobs was working for a synagogue, and they didn’t pay me for more than three months. I had to go begging for my money a number of different times. And yes, I know this is a problem largely because Jewish orgs are often in a major budget crunch, but that’s really no excuse. We should always pay for what we get at the very first opportunity. This is really the tip of the iceberg when it comes to the Jewish take on business ethics. It’s not just about treating workers with respect, and freeing captives. There are rules about embezzling, fraud and bankruptcy. The Talmud even tells the story of a labor strike during the Second Temple Period.

For an overview of other halachic stances on business scenarios check out this comprehensive listing of links from the Darche Noam Institute. Now go tell your secretary she’s a rock star, and buy some fair trade chocolate for your plumber.

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  • By Arieh Lebowitz 9/4/07 at 2:01 p.m. UTC

    Tamar:
    Great post. You – and others – might find the reading list below of interest. It can be found via a link on the lower right side of the website of the Jewish Labor Committee — http://www.jewishlabor.org/ — where I work.
    Also look at the second item on our website, and print out or othrwise save the article from The Jewish Advocate soon, as it won’t be on their site for uch longer, I believe. Just checked: still here –
    http://www.thejewishadvocate.com/this_weeks_issue/opinions/
    I’d be glad to send you and anyone else interested a copy of Michael Perry’s Labor Rights in the Jewish Tradition and other relevant material. Just drop me a note.
    >> Arieh Lebowitz, Communications Director
    >> Jewish Labor Committee, 25 East 21st Street, New York NY 10010
    >> P.S. JLC is a membership organization; we have student rates.

    Readings on Traditional Jewish texts on Labor and Worker Rights

    anon., “Labor,” ENCYCLOPEDIA JUDAICA Vol. 10, Keter Publishing House (Jerusalem, Israel 1972)

    Ayali, Meir, “Labor and Work in the Talmud and Midrash,” [Hebrew] Yad La-Talmud (Ramat Gan, 1984)

    Baron, Salo, “Economics and Social Justice,” in “THE ECONOMIC VIEWS OF MAIMONIDES” in ANCIENT AND MEDIEVAL JEWISH HISTORY, ed. Arthur Hertzberg & Leon A. Feldman, Rutgers University Press (New Brunswick, 1972)

    ——- “Free Labor,” op. cit. , pp. 248-260.

    Bazak, J., comp. JEWISH LAW AND JEWISH LIFE: SELECTED RABBINICAL RESPONSA (pp. 75, 80), Union of American Hebrew Congregations (New York, NY 1979)

    Bleich, J. David, “Organized Labor;” “Tenure,” in CONTEMPORARY HALAKHIC PROBLEMS (Vol. 1), KTAV Publishing House, Inc. / Yeshiva University Press (New York, NY 1977)

    —-”Severance Pay;” “Teachers’ Unions,” in CONTEMPORARY HALAKHIC PROBLEMS (Vol. 2), KTAV Publishing House, Inc. / Yeshiva University Press (New York, NY 1983)

    —-”Organized Labor – Survey of Recent Halakhic Periodical Literature,” in Tradition 13, no. 1 (New York, NY 1972)

    —- “Physicians’ Fees – Survey of Recent Halakhic Periodical Literature,” in Tradition 19, no. 4 (New York, NY 1981)

    —- “Physicians’ Strikes – Survey of Recent Halakhic Periodical Literature,” in Tradition 21, no. 3 (New York, NY 1984)

    —- “Rabbinic Contracts – Survey of Recent Halakhic Periodical Literature,” in Tradition 11, no. 3 (New York, NY 1970)

    —- “Severance Pay: Hired Servant or Independent Contractor – Survey of Recent Halakhic Periodical Literature,” in Tradition 17, no. 3 (New York, NY 1978)

    —- “Severance Pay,” in Jewish Law Annual 3 (1980)

    —- “Survey of Recent Halakhic Periodical Literature [particularly p. 126, Tenure on p. 129, and Employment During the Post-Nuptual Week on p. 136],” in Tradition 14, no. 4 (New York, NY 1974)

    —- “Teachers’ Unions – Survey of Recent Halakhic Periodical Literature,” in Tradition 19, no. 3 (New York, NY 1984)

    —- “Teachers’ Unions,” in Jewish Law Annual (1987)

    —- “Tenure: A Review of a Rabbinical Court Judgment,” in Jewish Law Annual 1 (1978)

    Blumenfield, Samuel M., LABOR IN THE BIBLE, Dissertation Hebrew Union College (Cincinnati 1930)

    Cronbach, Abraham, “Labor,” UNIVERSAL JEWISH ENCYCLOPEDIA (New York, NY 1939-1943)

    ———————–, “Social Thinking in the Sefer Hasidim,” in Hebrew Union College Annual 22 (1949)

    Elon, Menachem, “Ha’anakah (Severance Pay),” in ENCYCLOPEDIA JUDAICA Vol. 7, Keter Publishing (Jerusalem, Israel 1972)

    Fasman, Oscar Z., “The Attitude of the Hafetz Hayyim toward Labor,” in ISRAEL OF TOMORROW, ed. by Leo Jung, Herald Square Press, Inc. (New York, NY 1946), pp. 117-184

    Federbush, Simon, THE JEWISH CONCEPT OF LABOR, Torah Culture Department, Jewish Agency and HaPoel haMizrachi of America (New York, NY 1956)

    Fendel, Zechariah, “Employer-Employee Relations,” and “The Abusive Employer,” in THE HALACHA AND BEYOND: PROVIDING AN INSIGHT INTO THE FISCAL ETHICAL RESPONSIBILITIES OF THE TORAH JEW, AS WELL AS AN IN-DEPTH STUDY OF THE BITACHON CONCEPT, Hashkafah Publications (New York, NY 1983)

    Heinemann, Joseph H., “The Status of the Laborer in Jewish Law and Society in the Tannaitic Period,” in Hebrew Union College Annual 25 (1954)

    Hirsch, Richard G., “Labor – Rights and Responsibilities,” in THE WAY OF THE UPRIGHT: A JEWISH VIEW OF ECONOMIC JUSTICE, Union of American Hebrew Congregations (New York, NY 1973)

    Horowitz, George, “Hired Workers/Further Rules Favorable to the Worker,” in THE SPIRIT OF JEWISH LAW, Central Book Company (New York, NY 1963)

    Jacobs, Louis, “Strikes,” in WHAT DOES JUDAISM SAY ABOUT …? [pp. 309 - 310], Keter Publishing (Jerusalem 1973)

    Jakobovits, I., “The Right to Strike,” in STUDIES IN TORAH JUDAISM: JEWISH LAW FACES MODERN PROBLEMS, Yeshiva University Dept. of Special Publications (New York, NY 1965)

    —- “The Right to Strike – Review of Recent Halakhic Periodical Literature,” in Tradition 5, no. 2 (New York, NY 1963)

    —- “Strikes – Survey of Recent Halakhic Periodical Literature,” in Tradition 7, no. 1, 4/8 (New York, NY 1965/1966)

    —- “Workmen’s Compensation and Severance Pay – Review of Recent Halakhic Periodical Literature,” in Tradition 4, no. 2 (New York, NY 1962)

    Jung, Leo, “The Workingman,” in HUMAN RELATIONS IN JEWISH LAW, Jewish Education Press / Board of Jewish Education, Inc. (New York, NY 1967/1970) [Reprinted in BETWEEN MAN AND MAN, Jewish Education Press / Board of Jewish Education, Inc. (New York, NY 1976)]

    —–. “Labor in Jewish Law,” in BUSINESS ETHICS AND JEWISH LAW, Hebrew Publishing Company in conjunction with the Board of Jewish Education of Greater New York (New York, NY 1987)

    Katz, Mordechai, PROTECTION OF THE WEAK IN THE TALMUD, Columbia University Press (New York, NY 1925)

    Klagsbrun, Francine, “Work, Wealth and Philanthropy,” in VOICES OF WISDOM: JEWISH IDEAS AND ETHICS FOR EVERYDAY LIVING, Pantheon Books (New York, NY 1980)

    Kogan, Michael S., “Liberty and Labor in the Jewish Tradition,” in Ideas, A Journal of Contemporary Jewish Thought (Spring 1975)

    Kohler, Kaufmann, “Labor,” in Jewish Encyclopedia, vol. 7, p. 590 (New York, NY 1901-1906)

    Levine, Aaron, FREE ENTERPRISE AND JEWISH LAW: ASPECTS OF JEWISH BUSINESS ETHICS, KTAV (New York, NY 1980)

    —-, “Jewish Business Ethics in Contemporary Society,” in BUSINESS ETHICS AND JEWISH LAW, by Leo Jung, Hebrew Publishing Company in conjunction with the Board of Jewish Education of Greater New York (New York, NY 1987)

    —-, “Labor Mobility: A Halakhic View, in Gesher 5, no. 1 (1976)

    —-, “Minimum Wage Legislation – A Halakhic Perspective”, in Tradition 24, no. 1 (New York, NY 1988)

    Levinthal, Israel H., “The Attitude of Judaism Toward Labor,” in JUDAISM: AN ANALYSIS AND AN INTERPRETATION, Funk and Wagnalls (New York & London, 1935)

    —-, “The Attitude of Judaism Toward the Laborer,” in JUDAISM: AN ANALYSIS AND AN INTERPRETATION, Funk and Wagnalls (New York & London, 1935)

    Neusner, Jacob, THE ECONOMICS OF THE MISHNAH, University of Chicago Press (Chicago, IL 1990)

    Perry, Michael S., LABOR RIGHTS IN THE JEWISH TRADITION, Jewish Labor Committee (New York, NY, 1993)

    Reines, Chaim W., “Labor in Rabbinical Responsa,” in ISRAEL OF TOMORROW, ed. by Leo Jung, Herald Square Press, Inc. (New York, NY 1946)

    —-, “The Jewish Conception of Work,” in Judaism, 8 (New York, NY 1959)

    Riemer, Jack, “The Jewish view of work (Avodah), in Jewish Heritage (Summer 1962), p. 21-23

    Sacks, Eliot, “Teachers and the right to strike,” L’eylah (London: New Year 5746)

    Sacks, J[onathan?], “Halacha: Industrial Relations in Jewish Law,” in Ha-Zvi 13 (Mizrahi Journal) (London: Purim 5739)

    Schnall, David J., BY THE SWEAT OF YOUR BROW: REFLECTIONS ON WORK AND THE WORKPLACE IN CLASSICAL JEWISH THOUGHT, KTAV (New York, NY 2001)

    Shapira, Abraham, “Work,” in CONTEMPORARY JEWISH RELIGIOUS THOUGHT, by Cohen, Arthur A. and Mendes-Flohr, Paul, The Free Press (New York, 1987)

    Sicher, Gustav, “Concept of Work in the Jewish Faith,” in JEWISH STUDIES: ESSAYS IN HONOR OF G. SICHER, ed. by R. Iltis, Council of Jewish Religious Communities (Prague 1955)

    Silverman, William B., “The Dignity of Labor,” in THE SAGES SPEAK, Jason Aronson, Inc. (Northvale, NJ and London, England 1989)

    Sulzberger, Mayer, “The Status of Labor in Ancient Israel,” in Jewish Quarterly Review 13 (1922-23); reprinted separately (Philadelphia PA 1923)

    Tamari, Meir, IN THE MARKETPLACE: JEWISH BUSINESS ETHICS, Targum Press (Southfield, MI 1991)

    ——-, WITH ALL YOUR POSSESSIONS: JEWISH ETHICS AND ECONOMIC LIFE, The Free Press (New York, NY 1987)

    Vorspan, ALbert, and Eugene J. Lipman, “Labor,” in JUSTICE AND JUDAISM, Union of American Hebrew Congregations (New York, NY: 1956)

    Warhaftig, Shillem, “Labor Law,” in ENCYCLOPEDIA JUDAICA Vol. 10, Keter Publishing House (Jerusalem 1972)

    Weisfeld, Israel H., “LABOR LEGISLATION IN THE BIBLE AND TALMUD, Yeshiva University (New York, NY 1974)

    Wigoder, Geoffrey, “Labor and Labor Laws,” in ENCYCLOPEDIA OF JUDAISM [2002]

    Wolkinson, Benjamin W., “Labor and the Jewish Tradition – A Reappraisal,” in Jewish Social Studies Vol. 40 no. 3/4 (S/F 1978)

    Woll, Jonathan S., THE EMPLOYER-EMPLOYEE RELATIONSHIP IN SHULCHAN-ARUCH Dissertation Hebrew Union College (Cincinnatin, OH 1976)

    Wolsey, Louis, “The Historic Attitude of Judaism to Labor,” in CCAR Yearbook Vol. 38 (1928) [pp. 311-343]

    Zipperstein, Edward, BUSINESS ETHICS AND JEWISH LAW, KTAV (New York, NY 1987)

    This listing is a `work-in-progress’ – additional suggested entries welcome.

    Arieh Lebowitz
    Communications Director
    Jewish Labor Committee
    25 East 21st Street
    New York, NY 10010

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