Bava Metzia 77: Labour Law

Today's daf offers us a deeper understanding of how labourers were treated in ancient Jewish society.  Continuing with the Gemara based on yesterday's Mishna, the rabbis discuss what should be done when an agreement has been made between labourers and an employer.  Whether or not those labourers are subcontractors, the rabbis are concerned about their payment.  

We learned yesterday that in such a contract, the person who changes the contract and/or the person who reneges on the contract is at a disadvantage.  This means that if there is a dispute regarding payment of wages or fees, the court will side with the person who is at an advantage.  But what about situations where the work is completed early?  What about cases where the work is easier or more strenuous that was believed when the contract was ratified?  What should be done when unforeseeable events, such as unusual rains in the middle of the day, interrupt the agreed upon labour?

In these cases, the rabbis are careful to note whether or not these circumstances could have been predicted or avoided.  If so, the employer is liable.  It is understood that labourers are more vulnerable than employers in most situations.  Even so, the rabbis consider what should be done if labourers halt their work mid-day due to a strike or a local change of wages.  Again, the rabbis are careful to protect labourers in these situations, thought they look to treat employers with sensitivity.  Our daf ends with a longer discussion about changing agreements regarding larger sums of money - mortgages and other investments are considered.

Most notable to me is the example of a labourer who suddenly falls sick with fever, or a labourer who must leave the work site midday because a relative has died and he must attend the funeral.  These are examples of unforeseen events and it is agreed that a worker should be paid for his time in such cases.  The rabbis use this example to emphasize the importance of paying workers when other unforeseen events arise, interrupting their contracted work time.  

It is lovely to read about the compassion that our rabbis held for workers in antiquity.  If only we could hold on to such generous views in todays' world of labour law.