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Paying Babysitters on Time - Jewish Law

Question:
I hired a babysitter to watch my children. Must I pay the babysitter as soon as I return? Does it make a
difference if the babysitter asks for the money or not and if she is a child or an adult?
Answer:
The Torah (Vayikro 19, 13) requires one to pay his employee within the time period when the employee
finishes his job. There are two time periods in a calendar day: the day and the night. Therefore, if one hires a
babysitter to work from eight at night until midnight, he must pay the babysitter before the end of the night.
[The end of the night is at first light (alos hashacher in Hebrew) which is about seventy-two minutes before
sunrise.] Therefore, if you don’t pay the babysitter upon your return, you will need to bring her the money
before daybreak.
One should not treat this matter lightly. One who does not heed this requirement violates both a positive and
a negative commandment. (Vayikro 19, 13; Devorim 24, 15) The mitzvo of eating matzo on the night of
Seder or blowing shofar on the first day of Rosh Hoshono is only a positive commandment and yet no one
would skip these mitzvos. Therefore, certainly, this mitzvo, which is backed by both a positive and a
negative commandment, shouldn’t be neglected.
The Zohar (Parshas Kedoshin) states explicitly that the punishment for one who doesn’t pay on time is to
perish before his allotted time and the reward for one who observes this commandment scrupulously is that
Hashem will add to his lifetime.
In general, one is not required to pay his employee on time unless the employee requests payment. The
reason is because one may waive a monetary right (mechelo). Usually, we interpret one’s failure to request
payment as a sign that the employee waived his right to receive payment immediately.
The Chofetz Chaim (Ahavas Chesed, Volume 1, Chapter 9, Section 1 and the footnotes) states that one must
be honest and realistic in determining whether the employee really meant to waive his right. For example, if
the employee is weak and timid, one cannot assume he meant to waive his right. Generally, children, even if
they reached bas mitzvo do not have the temerity to request payment. Therefore, even if the babysitter did
not ask for payment one must pay on time.
Often one hires a babysitter who is under the age of bas mitzvo. One might entertain the thought that he does
not have to pay minors on time. The Chofetz Chaim (ibid. section 5) addresses this issue as well and rules
unequivocally that there is no difference between minors and adults. The Rashbo (Responsum; Volume 3,
responsa 99) in fact writes that one who withholds wages from a child is classified as a thief by the Torah in
the same manner as one who withholds an adult’s wages.
There is one frequent situation where one would not violate this prohibition. The mitzvo of paying an
employee on time does not apply if at the time of employment it was stipulated that the remuneration will be
paid at a later date. Therefore, if one tells the babysitter she will return late but the babysitter needs stay only
until a specified time, it is clear that the babysitter will not be paid immediately upon completion of the job.
In this situation, the babysitter agreed at the time she was hired to accept payment at a later date. Since this
was a condition that was stipulated at the time the babysitter was hired, it is valid even if the employee is a
minor. Nonetheless, even in this situation it is proper to leave her pay on the premises and allow the girl to
take her payment at the time she departs so that she will not to wait for her pay. (Shach 339,2 in the name of
the Sefer Hachassidim)

Authored by Rabbi Yosef Fleischman is head of the Kollel Choshen Mishpat - Institute for Dayanim,
Jerusalem, Israel. The Institute is pleased to answer queries from the general public regarding monetary and
business halachah, and to offer advice regarding the drafting of halachically valid contracts, wills etc.
www.institutefordayanim.com