86 Richard S. Rheins

under the protection.® At the same time, the rabbis of the tannaitic period deduced significant flexibility for the employer from the word itkha(“with you”) in Lev. 19:13.** In the Sifra, the halakhic midrash to Leviticus 19:13, it was taught that the employer only violated the mitzvah when he retained the wages arbitrarily. It is also taught that the employer is exempt if he has made arrangements with a shopkeeper or a money-changer for the workers to receive their compensation from them® Similarly, in a baraita we find the following:

When?[1.e., when is the employer in violation of the

mitzvah to pay on time?] When he[the worker]

demanded[his wages] from him.[But if] he did not

demand from him, he does not transgress. Our rabbis

taught:“The wages of one who was hired shall not

remain overnight.” I might have thought[that this

applies] even if he did not demand[his wages] from

him. Therefore, the Torah states:“(/tkha) With you.”

[Which means]“With your knowledge.” I might have

thought[that this applies] even if he[the employer]

does not have[money]. Therefore the Torah states:

“(Itkha) With you,” meaning when[the money] is in

your possession. I might have thought[that mitzvah of

timely payment applies] even if he gave[his worker]

an order[addressed] to a shopkeeper[instructing the

shop to give the worker goods equal to the amount of

the wages he is owed] or to a money changer

[instructing the money changer to give the worker the

wages he is owed]. Therefore the Torah states:

“(Itkha) With you,” and not if he gave him an order to

a shopkeeper or to a money changer(Baba Metzia

112a).