Parshas Lech Lecha 5786
- Torah Tavlin
- 6 days ago
- 2 min read
Monetary, Interpersonal Laws and Din Torah (51)
Timely Payment. Continuing on the topic we began last week, the halacha is that when hiring a car service or Uber driver, there is an obligation to pay in the same day or night period that the job (trip) was performed, as by all other services and rentals. This fulfills the mitzvah of Beyomo Titein Secharo (1) - “On that day you shall pay his wages.” R’ Moshe Shternbuch shlita (2) explains that even if one pays before or during the job, the mitzvah is still fulfilled. However, payment must be made in a form that is immediately valid, such as cash or a check that can be deposited right away. A postdated check does not fulfill the mitzvah. If the driver and passenger agreed in advance to different payment terms, such as paying later or via a specific method, those terms are halachically binding and valid.
Pricing. As with all hired workers, it is strongly advised to agree on a price before the job begins. This can be a flat rate for the entire drive, a per-hour rate, or based on a meter. If no price was discussed and no meter was used, the driver may not charge an unusually high amount. Charging more than the standard rate in such a case is considered Onaah - a Torah prohibition against overcharging or deceiving others. If the customer pays without realizing the overcharge, the driver has transgressed Lo Sonu.
Traffic Jam. If the driver and passenger agreed to a flat rate for the journey, and the trip was unexpectedly delayed due to traffic or other unforeseen circumstances, the passenger is not obligated to pay more. The Gemara (3) rules that when a job becomes harder or longer due to factors beyond anyone’s control, the loss falls on the worker - unless the issue was foreseeable or discussed in advance. This protects the passenger from being penalized for delays that were not their fault.
Extra Passengers. It is common practice among drivers to charge the same rate regardless of how many passengers are in the car. Therefore, if a passenger wishes to add others to the ride, they may do so without needing to renegotiate the fare. In fact, the original passenger may even charge the additional riders to split the cost, as long as the driver’s rate remains unchanged.
(1) דברים כד:טו (2) תשובות והנהגות ג:תכ (3) בבא מציעא עז.