Jan 162017

Study Guide Bava Metzia 112

Halachot are derived from the various words in the verses about holding back another’s salary to match the 3 different opinions of the tannaim discussed in the previous daf.   Further drashot are made to explain all the exceptions to the halacha.  Do these laws apply also to a kablan – one who gets paid for the job and not per hour?  If there is disagreement between the employer and the worker about whether he was paid or not, if it was before the time he was supposed to get paid, we allow the worker to swear that he didn’t get paid and then the employer needs to pay.  This goes against the general principal that the one who swears is the one who doesn’t pay.  Why is that?  Is there a reason to protect the laborer more than the employer?  Various arguments are brought and rejected as the issue is complex.

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