During the night, five-year-old Bracha threw up and developed fever. “I can’t miss work tomorrow,” Mrs. Klein said to her husband. “I hope I can get a babysitter!”
“Mrs. Adler retired… I heard that she babysits,” Mr. Klein replied. “She’s up and about by 7 a.m., when I go to shul.”
At 7:15, Mrs. Klein called Mrs. Adler. “Bracha is sick, and I need to go to work,” she said. “Can you watch her till 4 p.m.?”
“I can come at 8 o’clock,” Mrs. Adler said. “I charge $20 an hour.”
“That’s fine,” replied Mrs. Klein.
Mrs. Klein went to work and returned at 4 p.m. “Thank you so much!” she said to Mrs. Adler. “Unfortunately, I didn’t have time to withdraw cash, but I’m happy to give you a check, make a bank transfer, or Zelle you.”
“No, no,” said Mrs. Adler. “I’d like to be paid in cash.”
“Can I pay you tomorrow, then?” asked Mrs. Klein. “The closest ATM is 10 blocks away, and traffic and parking now are impossible!”
“I really would like the money today,” Mrs. Adler answered.
Mrs. Klein ran across the street and borrowed $160 in cash from her neighbor. Mrs. Adler thanked her and left.
When Mr. Klein returned that evening, his wife related what had happened. “If I wouldn’t have been able to borrow the money,” she asked, “was I required to make the effort to go to the ATM?”
“There is a mitzvah to pay wages that day, and a prohibition – bal talin – to withhold wages, even if requires effort,” replied Mr. Klein. “But you offered Mrs. Adler alternate forms of payment. I’m not sure whether that’s sufficient.”
The following day, Mr. Klein attended a shiur with Rabbi Dayan, and asked:
“Are we required to procure cash, with effort, when offering alternate payments?”
“A person is required to pay his worker money; he cannot pay with items of equivalent value,” replied Rabbi Dayan (C.M. 336:2). “However, a person does not violate bal talin unless the employee demands payment and the employer has money, but not if he does not have money for the wages. Nonetheless, if the employer has money entrusted with another, such as in the bank, he must procure it to pay the worker (C.M. 339:10; Ahavas Chesed 9:7).
“Moreover, the Mishna (B.M. 111a) teaches that if the employer directs the employee (himchahu) to a grocer or money changer who agrees to pay on his behalf, he does not violate bal talin (C.M. 339:10).
“The Tur (C.M. 339:9), followed by Beis Yosef, indicates that the employer does not violate bal talin even if the worker does not willingly accept payment through the money changer, although some disagree (Pis’chei Teshuvah 339:9; Shaar Mishpat 339:3; Ahavas Chesed 10:5).
“Based on this, some poskim write that the employer can give the worker a check that he can cash that day, even against the will of the worker. Furthermore, some poskim consider a check that can be cashed immediately like cash. The same would seem true about other forms of immediate payment, such as Zelle, Bit (in Israel) or a bank transfer (Pis’chei Choshen, 9:15[36]).
“Therefore, if the worker refuses these forms of payment and asks specifically for cash, according to these poskim, you would not be in violation of bal talin if you do not make the effort to procure cash, since the employee chooses of his own accord not to accept the other forms of cash-like payment (see Nesivos Sachir 44:3).
“However, some poskim disagree,” concluded Rabbi Dayan. “Furthermore, you would not fulfill the positive mitzvah of prompt payment – b’yomo titen s’charo – since in practice you did not pay the worker. Therefore, if you want to merit fulfilling this mitzvah, you should make the effort to procure cash.”
Verdict: If the employer offers payment in a manner that allows immediate access, according to some poskim he does not violate bal talin even if the worker refuses such payment. However, the employer loses the opportunity to fulfill the positive mitzvah of b’yomo titen s’charo.
