several times raises the concept of a po’el batel,
an idled worker; it’s an interesting topic both for
the situations where it arises (a few of which will be
discussed here) as well as for what it says about
attitudes towards money and work. While the Mishnah
refers to po’el batel, which would presumably
mean someone who is completely idle (another expression
is a shomer kishu’in, someone who simply
watches over some crops growing in the ground), Abaye
several times notes that the general meaning of a po’el
batel is a person who is idle from a particular type
of job.
As Rashi explains (see, in
particular, his comments on the Mishnah in Bekhorot
29a), that means that in the situations where we either
have to compensate someone as a po’el batel, or
can reduce his compensation by the level of po’el
batel (as we will see below), it refers to the
amount of money a person would be willing to take for not
working at their chosen profession. For example, if
a doctor makes a certain salary, how much would that
doctor be willing to take if it meant not going to work
at all?
Even before we note the areas of halakhah
where this term has meaning, it is worth pausing for a
moment to consider its ramifications for our attitudes
towards work. What is the amount of money that we would
accept and leave our jobs—what kind of pension
guarantee would lead someone to take early retirement?
It is a question worth pondering because it reveals the
extent to which members of various professions are
working for the money or for some other goal. Rashi
noted that those who work at physically harder jobs will
be more likely to retire for a lower percentage of their
salary than those who work at physically less taxing
jobs, since the latter group's work isn't that hard. Is
the physical component of a job the one best geared to
predicting a person's willingness to take early
retirement today?
To begin the examples of where the po’el
batel standard of pay affects halakhah, we
should look at the case of a person who injures another.
The Torah demands that the aggressor pay the victim
his/her shevet, lost wages. The gemara in
Baba Kama 83b defines shevet as paying the person
ke-po'el batel shel otah melakhah, meaning that
the injured person receives the portion of his/her usual
salary that an ordinary person would be willing to
accept for not having to go to work. Interestingly, the gemara
does not require the aggressor to pay all of the
lost salary, since the injured person will not actually
be doing the work. While that rest is forced, in other
words, the gemara still assumes that some portion
of wages is only earned by actually expending the energy
involved in performing the required work; a person who
is not doing so cannot lay claim to that portion of
salary.
Returning a lost object can similarly
cost a person time and wages. As Shulhan Arukh
summarizes the issue in Hoshen Mishpat 265, one
who was working at a job can expect to be compensated as
a po’el batel of that type of job. Here, Rema
actually articulates a higher level of pay— the person
can demand the reasonable wages one would pay a person
for returning an object (meaning that returning lost
items can be seen as a job, with a certain market
value). That Rema assumes the pay for that would be
higher than for a po’el batel suggests that
people were willing to accept much less money than their
usual pay in order to be allowed not to work, again
focusing our attention on their attitudes towards work
and money..
In a perhaps more relevant case, if
two people enter a partnership where one partner
provides the money and the other the work, they cannot
simply split the profits evenly. The gemara
conceives of such a partnership as being mehtsah
pikadon, mehtsah halva'ah, that half of the money is
a deposit made by the person providing the money,
whereas the other half is a loan to the one who is going
to invest the money. If they simply split the profits
evenly, they create the appearance that the partner
providing the money is getting the other partner’s
work for free, or in additional compensation for having
provided the loan, which comes close enough to paying
interest that Hazal prohibited it. To remedy the
problem, the working partner can either take a salary
(at least as a po'el batel of his usual line of
work), or an extra share of the profits (with no
corresponding extra exposure to loss). Here, the po'el
batel notion sets the minimum for what would be
regarded as reasonable salary.
One final example worth mentioning is
where an employer cannot provide the promised
employment. If, for example, someone agrees to hire a
person for a full day, and the work gets completed
before the day is up, the employer is required to pay
for the rest of the day. To the extent that there is no
work to be done, however, the employer only has to pay
that person ke-po’el batel (the employer also
has the right to have the employee work for someone else
who does have work available, although then the employee
would get a full salary.
For some occupations, however, we
assume the employee would rather work, and therefore has
the right to full compensation. Physical laborers, for
example, are assumed to prefer to work since they get
out of shape in taking time off and are not as able to
work hard for their next employer. Similarly, at least
some teachers are seen as preferring teaching to
idleness, particularly because of the challenge that
students can provide. In these cases, then, work is of
itself some kind of value, and cannot be replaced by the
freedom to do what one wants. Shabbat Shalom.