Business Halacha: Can We Pay the Babysitter Later?

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babiesQ: We returned from a wedding at 11:00 PM and owe the babysitter, who lives two blocks away, $30. If we don’t have the proper amount of cash, may we pay her later in the week?

A: Since the job finished during the night, payment is due then. Thus, there is a mitzvah to pay the babysitter her wages that night and a prohibition to withhold payment to the next day against her will. (Choshen Mishpat 339:4)

However, one only violates the prohibition if the employee asks for her wages. Therefore, if the babysitter is fully willing to receive payment afterwards, there is no violation. (Nonetheless, if you do pay that night you fulfill a mitzvah.) You should be careful, though, not to delay payment unnecessarily the following days, but to pay as soon as possible. (C.M. 339:8-10)

If the babysitter wants payment that night, but doesn’t ask out of embarrassment or is unable to ask for some other reason, the Chofetz Chaim maintains that you may not delay payment. (Ahavas Chesed, ch. 9 nt. 29,32)

Furthermore, although a person does not violate if he does not have money available, if the babysitter wants payment that night and you are able to withdraw money from an ATM, you are required to do so, even if inconvenient. If you have only a large $50 bill, you are required to exchange it or give her the large bill and let her give you change when she can. [Alternatively, you can write her a check, and, if she wants, let her return it when you have cash.]

In any case, it is a wise practice to prepare ahead of time and make sure that you have the proper amount of money ready in order to pay promptly.

Authored by Rabbi Meir Orlian

These articles are for learning purposes only and cannot be used for final halachic decision. The Business Halacha email is a project of Business Halacha Institute (www.businesshalacha.com) and is under the auspices of Rav Chaim Kohn.

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7 COMMENTS

  1. Just like you make sure that you have money for that night’s entertainment -restaurant, show, etc. – so too make sure you have money for your babysitter.

  2. One can assume that the mechilla of a 14-year-old Bais Yaakov girl on getting paid that night means nothing, as there’s no way that this girl will stand up to an adult and insist on her rights.

    I therefore don’t understand how the author of this article mentions this din only in passing.

    People are machmir about all kinds of things, how can they be so maykel on a D’Orayssa, preferring to believe that the girl was truly moichel?

  3. In have babysat numerous times and on a few occasions I was told they’ll come to my house or give me a “deposit” and say they’ll give me the rest another time. NEVER did I receive the payment.

  4. Why not make the arrangement with the babysitter beforehand to make sure they are ok with the later in the week payment. If not asked beforehand I personally would assume it would be an issue for them and would make sure to pay them that day.

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