Feature Tidbit
for Parashat Ki Teitzei

Lessons from a Babysitter

Ki Teitzei is the Mt. Everest of the 54 sedras as far as the number of mitzvot per sedra is concerned. 74 of the 613 mitzvot are counted from Parshat Ki Teitzei. That's a bit over 12% of the mitzvot in one sedra. Let's take a look at one of those mitzvot and hopefully learn something important about all mitzvot and our observance and attitude of them.

Sefer HaChinuch Mitzva #588 is the positive commandment to pay a day-laborer at the proper time (B'YOMO TITEIN S'CHARO). The prohibition against delaying payment to a worker (BAL T'ACHEIR) is counted from Parshat K'doshim. We think of this mitzva as applying to a house painter, a plumber, electrician, someone hired to pick apples, and other workers who are not on weekly or monthly salaries, but are expected to be paid upon completion of their jobs, on the same day they complete the work. Let's take another example for these mitzvot - one that people would generally not associate with these mitzvot ש Babysitting.

You hire a babysitter for a few hours at night. It is common practice to pay a babysitter when you return home and her (or his) services are no longer required. The prohibition of BAL T'ACHEIR and the mitzva of B'YOMO apply to a babysitter, no less than to a plumber or a plum picker.

Lesson #1 from the babysitter: Mitzvot 588 & 230 apply to her/him. And to a taxi driver and a barber and the dry cleaner and shoemaker. There are many times that we might say, Oh, I didn't realize this or than about such and such. In other words, there are many details of halacha to learn and apply. This is not always obvious to some people. Education, intuition, sensitivity, flexibility. That's what it takes sometimes.

Lesson #2. You come home after dinner and or a concert and your babysitter tells you that the kids went to bed without fussing after brushing their teeth and saying Sh'ma and that you owe her/him 60 shekels. You reach into your wallet and find some 100 and 200 sh. notes, but no "small money". Would it be okay, you ask the babysitter, if you could pay her tomorrow? Sure, she replies, and you escort her home.

Violation of BAL T'ACHEIR? No, if the worker waives her right to payment on the same day, no violation occurs. Everything is fine then? No, it is not. Because you have had an opportunity to fulfill the mitzva of B'YOMO, and have not done so.

So what to do? Offer the babysitter a 100NIS bill in payment and say that you'll get the change due you on the following day. This situation points up the idea that a positive mitzva and a prohibition are not just duplication. Here, the prohibition was not violated, but neither was the mitzva fulfilled.

Similarly, imagine someone fishing in the lake. Catches a fish, cleans it, grills it, and eats a delicious fish dinner. You pass by and ask your fisherman friend how the day has gone. He tells you about his catch and you ask what kind of fish it was. Don't know, he answers. Well did you check it for kashrut? Oops, forgot. He rummages through the trash can and finds the head, tail and skin of his fish. Sure enough, there are prominent scales and fins. Kosher. Sigh of relief. No violation of the prohibition against eating non-kosher fish. But no fulfillment of the positive mitzva to check the signs of kashrut before eating.

And here is lesson #3. In the baby-sitter story, do you really avoid the violation of BAL T'ACHEIR? You asked if it was okay with her to pay her tomorrow. She said yes. Did she really mean it? Maybe she is upset or disappointed not to be paid now. Maybe she needs the money for something first thing in the morning, but was afraid to tell you. Maybe there is no complete M'CHILA (waiver) that takes away the prohibition.

Didn't think of it, right? That's the point. That's lesson #3. We must be more sensitive. 60NIS now, tomorrow, the next day, the next time she babysits - what's the difference? Maybe none for you, but other people might not feel the same way. Here is a point of contact between two people - parent and babysitter. Torah, Mitzvot, halacha, our Jewish way of life come into play.

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