Does 'Beyomo Titen Secharo' Apply to Property Rentals?"

Is there a Halacha of ‘Beyomo Titen Secharo’ on property rental?

Thank you for your question.

The Answer:

Yes, one should be stringent and pay the rent on time.

The Answer explained :

Introduction to “Beyomo Titen Secharo”

There is a mitzvah to pay your worker before sunset (she’kieh), as it is written, "Beyomo titen secharo"—one should pay his worker before sundown, fulfilling a mitzvah De’orayta. It is said that the Chafetz Chaim would hire a wagon driver to take him to the mikveh every Erev Shabbos. Upon arriving, he would pay the driver immediately, with great joy and exclaiming, "Baruch Hashem, I have fulfilled a mitzvah De’orayta Like blowing the Shofar on Rosh Hashanah and eating Matsot on Pesach!”

When we take a taxi, it is important to note that one is only obligated to pay upon reaching the destination. At that point, when one pays the driver, you have fulfilled the mitzvah of "Beyomo titen secharo." However, if you pay the driver before arriving at your destination, since you are not yet halachically obligated to do so, it would not be considered as having fulfilled the of Mitzvah of "Beyomo titen secharo.

To summaries there are two Psukkim that speak about paying a worker on time; one, a ‘Mitsvat Aseh’

דברים פרק כד, ט"ו

בְּיוֹמוֹ תִתֵּן שְׂכָרוֹ וְלֹא תָבוֹא עָלָיו הַשֶּׁמֶשׁ כִּי עָנִי הוּא וְאֵלָיו הוּא נֹשֵׂא אֶת נַפְשׁוֹ וְלֹא יִקְרָא עָלֶיךָ אֶל ה' וְהָיָה בְךָ חֵטְא:

Deuteronomy 24:15:

On the same day you shall pay his wages, and the sun shall not set upon it; for he is poor, and sets his heart upon it; lest he cry against you to Hashem, and it will be a sin.

There is also a Mitsvat Lo’Ta’aseh

ויקרא פרק יט, יג

לֹא תַעֲשֹׁק אֶת רֵעֲךָ וְלֹא תִגְזֹל לֹא תָלִין פְּעֻלַּת שָׂכִיר אִתְּךָ עַד בֹּקֶר

Leviticus 19:13:

You shall not oppress your neighbor, nor rob him. The wages of a hired worker shall not remain with you all night until the morning.

When paying rent:

There is a discussion in Halacha about whether it applies only to wages or also to rent.

The Shulchan Aruch brings a machloket;

שולחן ערוך חושן משפט הלכות שכירות פועלים סימן שלט סעיף א

מצוה לתת שכר שכיר בזמנו, ואם אחרו עובר בלאו; אחד שכר אדם או בהמה או כלים, אבל על שכר קרקע יש מי שאומר שאינו עובר.

The Shulchan Aruch writes that the halacha to pay on time applies when one employs a worker, his animals, or his tools. There are opinions that this halacha also applies when renting land.

The opinion of the Ketsot Ha’Choshen:

The Ketzot HaChoshen explains, in the name of the Rama, that since the verse says "Kol asher be'artzecho" it applies only to things that is on your land , not the land itself. (This is brought in the Gemara, Tractate Bava Metzia, page 111b.)

However, the Ketzot HaChoshen goes on to say that renting a house is different since the usage pertains to the building built on the land . Therefore, when you are paying rent, you are paying for the usage of the house, which is not considered land. Thus, it would fall under the halacha of "beyomo titen secharo." Even if, regarding certain monetary Halachot, a house is considered as land, this is with regard to monetary matters. However, with regard to Issurim (prohibitions), we are stringent and consider a house as movable property, especially in a case when part of the rent is payment for usage of the furniture.

The opinion of the Sha’ar Ha’Mishpot:

The Shar Hamishpot is even more stringent and writes that even land itself is part of the halacha of ‘lo Talin’.

The Sha'ar HaMishpat brings from the Torat Kohanim that the above halacha applies even when renting land itself. As it says 'Do not delay the wages of a worker,' even payment concerning land as well.

Le’halacha the Chafets Chaim in Sefer Ahavat Chesed volume I Perek 9 Seif 5 writes:

Regarding the paying of rent, there are opinions among the Poskim. Indeed, it is explicitly stated in the Torat Kohanim that the aforementioned Halacha extends even to rent. Later, I found that it is also written so in the Sefer Sha'ar HaMishpat. Therefore, it is important for one to be stringent when paying rent, to pay it on time so as not to transgress the issur of “Lo Talin”.

As we explained according to the Ketsot Hachoshen, even the Shulchan Aruch would agree that this Halacha applies to the rent of a house.

Wishing you all the best.

Deuteronomy 24:15

Leviticus 19:13

Shulchan Aruch, Choshen Mishpat, Hilchot Sechirut Poalim, Siman 339, Seif 1

Gemara, Tractate Bava Metzia, page 111b

Ketzot HaChoshen ibid

Sha'ar HaMishpat

Sefer Ahavat Chesed, Volume I, Perek 9, Seif 5