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- Bemare Habazak - Rabbis Questions
Answer: It is an honor to field a question from one who is so concerned with the minutiae of this important mitzva that few people think about. Ostensibly, since bbst worked by the hour and finished before the end of halachic day, you/your wife had to pay before night (Bava Metzia 110b). We will analyze possible indications that you did not violate anything, some of which depend on nuanced details.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
671 - Ask the Rabbi: Witness Complication at a Wedding
672 - Ask the Rabbi: Late Payment?
673 - Ask the Rabbi: Booing Haman
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From this perspective, it is likely that bbst’s mindset was as follows: "The mother is willing to pay me now, and I asked for Paybox, which she can’t do and she has to ask her husband. Who knows if he is available now to do it? I really do not care if he does it right away or in several hours." If so, what happened is fine. On the other hand, Halacha follows psychological assumptions Chazal make about cases like ours, and we are hesitant to make small distinctions between their case and ours or say that mindsets have changed – barring strong indications. In cases where we do not have an assumption of Chazal, like yours, it is difficult to rely on our own psychological assumptions.
Considering that the gemara (Bava Metzia 111a) says that bal talin is only when the person who must pay also hired the worker, how to view your home dynamics is significant. It sounds that your wife had both roles – until she lost the payment role. It is a good question to what extent to treat a couple as one unit or as partners (see Ahavat Chesed I:10:(10); Shevet Halevi VII:322).
According to the possibility that you entered the picture as a "player" and not just someone doing his wife’s technical bidding or a part of the "couple unit," the following halacha is relevant. If the employer arranges for a storeowner to give credit to the worker on his behalf, the employer’s obligation is suspended (Bava Metzia 111a), at least if the worker agrees (see Beit Yosef, CM 339, Ahavat Chesed ibid. 5). However, if your wife assured bbst that you would pay immediately and you could not, you might not be equivalent to the storeowner.
In short, it is likely that your family’s forthcoming approach was enough that bbst was fine with the slight delay, based on psychological grounds or halachic precedent. The halachically safest thing was for your wife to stipulate that bbst waive the need to pay before night if she wanted Paybox. Although bbst would almost certainly agree, if needed, your wife had leverage, as an employer who has cash to pay cannot be told she must pay in another way. However, if your wife readily agreed that bbst would be paid with Paybox without receiving a grace period, it might be a problem.
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