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9 ‎[1] If a man hired workers and told them to work early or to work late, he cannot compel them to do so where it is customary not to work early or not to work late.— — ‎[2] When a person hires a worker and tells him: "I will pay you like any other worker in the city," we check the lowest wage paid and the highest wage paid and arrive at an average. ‎[3] If a man said to his agent: "Go and hire workers for me at three *zuz*," and he went and hired them at four, then if the agent said to them: "I am responsible for your wages," he must pay them four even though he receives only three from the employer, and he loses one out of his own pocket. If, however, he said to them: "The employer is responsible for your wages," the employer should pay them according to local custom.— — ‎[4] When a person hires workers and the workers hoax the employer or the employer hoaxes the workers, all they have is complaints against each other. When does the above apply? When the workers did not go to the appointed place. Different rules apply, however, if donkey drivers went to the appointed place and did not find any grain, workers went to a field and found that the ground was wet, or the employer hired workers to irrigate his field and they discovered that it was filled with water. If the owner checked the area that required work on the previous evening and saw that the workers were necessary, the workers are not entitled to any reimbursement. What could the owner have done? If, however, he did not check the land where he wants the work to be performed beforehand, he must pay them as an idle worker. For a person who comes carrying a burden cannot be compared to someone who comes empty-handed, nor can a person who performs labor be compared to someone who does not. When does the above apply? When they did not begin doing work. If, however, the worker began doing his work different rules apply. A worker may quit his work even in the middle of the day. This is derived from Leviticus 25:55: "The children of Israel are servants to Me" - i.e., to Me alone. They are not servants to servants. What is the law that applies to a worker who quits after having started work? We evaluate the work that he performed and he is paid that amount. If he is a contractor, we evaluate the work that still must be performed. Whether the price of labor was low at the time he was hired or it was not low, whether it was reduced afterwards or whether it was not reduced, we evaluate the work that must be performed. What is implied? A person agreed to harvest standing grain for two selaim. He harvested half of the grain, but left half unharvested. Similarly, a person agreed to weave a garment for two selaim. He wove half of the garment, but left half unwoven. If the remainder would cost six dinarim to complete, the original contractor is paid a shekel or he is given the option of completing his work. If the remainder was worth only two dinarim, the owner need not pay the contractor more than a sela, because he did not perform more than half the work. When does the above apply? With regard to work that does not involve an immediate loss. If, however, the work involves an immediate loss - e.g., he hired the workers to remove flax from the vat, or he hired a donkey to bring flutes for a funeral or for a wedding or the like - neither a worker nor a contractor may retract unless he is held back by forces beyond his control -e.g., he became ill or a close relative died. If the worker is not held back by forces beyond his control, and he retracts, the owner may hire others on their account or deceive them.What is meant by deceiving them? He tells them: "I agreed to pay you a sela; take two so that you will complete your work." Afterwards, he is not required to give them anything more than he originally agreed. Moreover, even if he gave them two, he can compel them to return the additional amount. What is meant by hiring others on their account? He hires other workers who complete their task so that he will not suffer a loss. Whatever he must add to pay these later workers beyond the amount the first workers agreed upon, he may take from the first workers. To what extent are the first workers responsible? For their entire wage. Moreover, if they have property that is in the employer's possession, the employer can use that property to hire workers to complete their work until he pays each worker 40 or 50 zuz a day although he originally hired the worker at three or four zuz. When does the above apply? When there are no workers available to hire at the wage to be paid the original workers. If, however, such workers are available and the original workers tell the employer: "Go out and hire from these to complete your work so that you will not suffer a loss," whether a worker or a contractor is involved, the employer has only complaints against them. To determine the wage that should be paid, we follow these guidelines: For a worker, we calculate the work he already[ performed and for a contractor, we calculate the work that must be performed. ‎[5] When a person hires a worker, but [the worker is then taken to perform the king's service, the worker need not be paid for a full day's work. Instead, the employer should pay him only for the work he performed. ‎[6] The following rules apply when a person hires a worker to irrigate his field from a particular river, and that river dried up in the middle of the day. If the river does not ordinarily dry up, the workers need only be paid for the work they performed. Similarly, if the inhabitants of the city frequently dam the river, and they stop its flow in the middle of the day, the workers need only be paid for the work they performed. The rationale is that the workers know the pattern of this river. If, however, the river often dries up on its own accord, the employer must pay the workers their entire wage. For it was his responsibility to inform them. If a person hires workers to irrigate a field and it rains and completes the watering of the field, the workers need only be paid for the work they performed. If a river rises and irrigates the field, they should be paid their entire wage. From heaven, they were granted help. When does the above apply? With regard to a worker. Different rules apply, however, when a person stipulates with a sharecropper that if he waters a field four times a day, he will receive half the crop, in contrast to other sharecroppers who water the field twice a day and receive a fourth of the crop. If rain comes and he does not have to draw water to irrigate the crop, he still receives half the crops, as he stipulated. The rationale is that a sharecropper is considered to be a partner, not a worker. ‎[7] The following rules apply when a person hires a worker to perform work for an entire day and he completes it in half the day. If the employer has another task that is as - or less - difficult, he may have the worker perform it for the remainder of the day. If he does not have a task for him to perform, he should pay him as an idle worker. When the worker is one who digs, labors in the field or performs heavy labor of this nature and hence will become ill if he does not work, the employer must pay him his entire wage even if he is idle. ‎[8] When a person hires a worker to bring him an object from one place to another, and the worker goes to the designated place but cannot find the object specified, the employer is obligated to pay him his entire wage. If a person hires a worker to bring rods to use as supports for a vineyard, but the worker can not find them, and hence does not bring them, the employer must pay the worker his wage. If he hired him to bring cabbage or prunes for a sick person, the worker went and when he returned, the sick person either died or recovered, the employer should not tell the worker: "Take what you brought as your payment." Instead, he must pay him the entire wage he promised him. Similar principles apply in all analogous situations. ‎[9] When a person hires a worker to perform work in his own field, but shows him a field belonging to a colleague and has him perform work there, he must pay him his entire wage. Afterwards, he may require his colleague to reimburse him for the benefit he received from this work. ‎[10] When a person hires a worker to work together with him with straw, stubble and the like, he is not given the option of telling the worker: "Take what you did as your payment." If, however, he made such an offer, and the worker agreed, he is not given the option of changing his mind and telling the worker: "Take your wage and I will take my straw." ‎[11] An ownerless object discovered by a worker belongs to him. This law applies even when the employer told him: "Work for me today." Needless to say, it applies if he told him: "Hoe for me." If, however, he hired him to take possession of ownerless objects - e.g., a river dried up and he hired him to collect the fish in a nearby marsh -whatever he finds, even a wallet filled with silver coins, belongs to the owner.
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