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Labor Rights in the Jewish Tradition

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Labor Rights in the Jewish Tradition LABOR RIGHTS IN THE JEWISH TRADITION Michael S. Perry Jewish Labor Committee □ 25 East 21 st Street □ New York, NY 10010 □ www.jewishlabor.org Michael S. Perry is Executive Director of the Jewish Labor Committee. © Jewish Labor Committee, 1993 2 Labor Rights in the Jewish Tradition I. Introduction The Jewish community in the United ory of an earlier period of mass Jewish im- ments relating to the hiring of workers are States has been supportive of worker and migration to the United States, when an imbued with respect for labor rights, and trade union rights for many years, even as it overwhelmingly immigrant community some Jewish religious laws anticipate cur- evolved from a predominantly working-class toiled in difficult and often desperate condi- rent secular labor law by thousands of community in the first part of the 20th cen- tions in the garment industry and other years. The following is a description of tury to a predominantly professional and trades. This support is also consistent with labor rights found in Jewish religious entrepreneurial-class community today. This Jewish religious law (“Halacha”). Both in sources and an analysis of current industrial support stems in part from a collective mem- spirit and in practice, religious command- relations issues in light of this tradition. II. Judaism and the Dignity of Labor Respect for the dignity of labor has The Talmudic ideal of work stood in This recognition of absolute Divine been an important theme in Jewish reli- sharp contrast to other views prevailing in ownership and of limited temporary gious writings for centuries. This attitude the ancient world at the time that Jewish human ownership is a basic principle stems from Biblical commandments relat- oral religious law was codified. Both the in all social legislation of the ing to work and to the relationship, as seen ancient Greeks and ancient Romans looked Torah .... Personal ownership is valid by rabbinic authorities, between God and down on labor, and freedom from work as long as it does not conflict with humanity. was considered a right of rank and privi- the welfare of society and with A number of important passages in the lege. According to Aristotle, “Labor stupe- moral standards.” [7] Bible stress the value of work. In Exodus, fies both mind and body and deprives man Thus, for example, landowners are the commandment to observe a day of rest of his natural dignity …. The title of citi- commanded to share their bounty in the is preceded by the phrase “Six days thou zen belongs only to those who need not Biblical commandment to leave the glean- shalt do thy work,” [1] which is interpreted work to live.” [5] In reaction, Jewish schol- ings from the “corners” of their fields for to mean that “… just as Israel [ i.e. , the ars of the day countered: “Love labor and the poor. [8] Similarly, employers are com- Jewish people] was given the positive hate mastery and seek not acquaintance manded to act justly in their treatment of commandment of Sabbath, so were they with the ruling power.” [6] those they temporarily “own,” or hire. (As given the commandment of working.” [2] In A legacy of support for worker rights noted below, the act of hiring-out is viewed Psalm 128, this is stated succinctly: “when also stems in part from the broad social as a temporary surrender of one’s inde- you shall eat the labor of your hands, you justice imperative in the Bible and other pendence.) A social justice imperative ap- will be happy and it shall be well with Jewish religious sources. In these sources, pears repeatedly in Talmudic decisions you,” and “the Talmud [the compilation of God is viewed as the ultimate owner of all concerning worker rights, and many deci- Jewish Oral Law] comments ‘You shall be the earth’s resources, and humankind, its sions were based on the spirit rather than happy in this world and it shall be well temporary owners, is commanded to act the letter of the law, in order to favor work- with you in the next world,’ which indi- ethically in the distribution of those re- ers and the poor. cates that labor is an ethical commandment sources: For example: even apart from its practical value.” [3] In- “In contrast to G-d’s supreme and Some porters [negligently] broke a deed, Talmudic sages interpreted this pas- eternal mastery of the universe, barrel of wine belonging to Rabbah sage to mean that “he who enjoys the fruits man’s dominance over his son of R. Huna. of his own labors is greater than the man acquisitions is qualified, limited in Thereupon he seized their garments; who fears G-d.” [4] time and restricted in scope .... so they went and complained to 1. Exodus 23: 12. Hertz, J. H. Pentateuch and Haftorahs , Soncino Press, London, 1971. 2. Rabbi Judah the Patriarch. Mekhilta of Rabbi Simeon ben Johai, cited in Federbush, Simon. The Jewish Concept of Labor , Torah Culture Department of the Jewish Agency and Hapoel Hamizrachi of America, New York, 1956, p. 25. 3. Ibid ., p. 23, citing the Talmud, Berakoth 8. 4. Ibid. 5. Weisfeld, Israel. Labor Legislation in the Bible and Talmud , Yeshiva University, New York, 1974, p. 53; from Aristotle. Politics , Parts 6, 8, 10, 11. 6. Avot 1:10. Cited in Danby, Herbert. The Mishnah , Oxford University Press, London, 1954. This text is the source of all quotes from the Mishnah . 7. Federbush, op. cit., pp. 2-3. 8. Leviticus 19:9,10. 3 Labor Rights in the Jewish Tradition Rab. “Return them their garments,” righteous’ .” (Proverbs 11:20)” [9] justice imperatives and daily experiences he ordered. It is important to note that many inter- led early rabbinic authorities to exalt the “Is that the law?” he inquired. preters of Jewish religious traditions who worker. This attitude permeates the Oral “Even so,” he rejoined: codified the Jewish Oral Law supported Law: “R. Simeon used to carry a basket ‘That thou mayest walk in the way themselves through manual labor, which upon his shoulders, saying likewise, ‘Great of good men.’ ( Proverbs 11:20) undoubtedly made them more sensitive to is labor, for it honors the worker’”; [11] “Flay Their garments having been returned, the concerns of their fellow workers. Tal- a carcass in the street and earn a wage, and they observed “We are poor men, mudic sages were known to be woodcut- say not ‘I am a great man and the work is have worked all day, and are in need: ters, construction workers, tailors, farmers, degrading to me’”; [12] “If there is no [flour, are we to get nothing?” “Go and pay carpenters, blacksmiths, tanners, bakers, i.e. , income] there is no study of the Law”; them,” he ordered. “Is that the law?” and shoemakers. [10] [13] and “Excellent is study of the Law to- he asked. “Even so,” was his reply: It is not surprising, therefore, that a com- gether with worldly occupation.” [14] ‘and keep the path of the bination of Biblical commandments, social III. Labor Rights in Traditional Jewish Religious Sources A. Jewish Texts Mishnah and the Gemara together are col- The Talmud deals at length with con- There are two primary sources of Jew- lectively known as the Talmud . The version tract law; indeed, an entire tractate (Fourth ish religious philosophy and life: the of the Talmud most often referred to today Division, Nezikin , or Damages) is devoted Tanach - the Jewish [or Hebrew] Bible - was substantially in its present form by the to the subject. In general, all decisions per- composed of the Five Books of Moses (the middle of the sixth century C.E. taining to non-labor contracts are also ap- Torah ), the Prophets ( Nevi’im ), and the The Oral Law is a legal commentary on plicable to labor contracts. Nevertheless, Writings ( Ketuvim ); and an Oral Law, com- the written Bible, filling in details not ex- the Talmud makes it clear that workers are piled in the Talmud . According to Ortho- plicitly spelled out in the Bible and ex- entitled to special protection beyond their dox Jewish tradition, God gave Moses an plaining seeming contradictions or obscure rights as a party to an agreement; in a par- oral as well as a written law at Mount Si- passages. (In principle, interpretations that ticularly important passage, the Talmud nai, which was also passed on through the appear at odds with the literal meaning of a recognized the general principle that “the ages. After the destruction of the Second Biblical passage can only be offered in Rabbis hold that the workers [always] have Temple, Rabbi Judah Ha-Nasi compiled all order to safeguard another principle out- the advantage” in their relationship to the of the oral laws into a written document lined elsewhere in the Bible.) At the same employer. [15] The following is a review of (the Mishnah ) early in the third century time, such interpretations permit Talmudic major labor rights included in the Bible C.E. The Mishnah deals with agriculture, sages to take advantage of evolving social and Talmud . [16] festivals, marriage and divorce, civil and thought. criminal law, temple practices, and per- Thus, while there are relatively few B. Right to Prompt Payment sonal and religious purity. In subsequent specific references to labor rights in the An important set of Biblical command- years, rabbinic authorities analyzed the Bible, Talmudic scholars have found many ments requires the prompt payment of document and provided extensive addi- labor protections to meet the contingencies wages: “Thou shalt not oppress thy tional commentaries (the Gemara ). The of an increasingly complex economy.
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