The Torah commands in Parashat Kedoshim (Vayikra 19:13), “Lo Ta’ashok Et Re’acha,” which the Sefer Ha’hinuch interprets as referring to a prohibition against withholding money which we owe our fellow, either by force or through deception. For example, the Sefer Ha’hinuch writes, if someone owes another person money, it is forbidden to repeatedly tell him, “Leave and come back another time” when he asks for his money. The Sefer Ha’hinuch describes such conduct as a “Mida Ra’a Be’yoter” – an especially evil quality.
This prohibition includes withholding payment for work. If somebody hired a worker who completed the job satisfactorily, and he refuses to pay him, the employer has violated this command.
The Gemara cites Raba as commenting that one who withholds money which is owed to his fellow violates two prohibitions – the prohibition of “Lo Ta’ashok,” and the prohibition against theft. Refusing to pay someone that which he rightfully deserves is no different than theft, and thus one who refuses to pay what he owes has the status of a thief. The Gemara explains that the Torah nevertheless introduced a separate command of “Lo Ta’ashok” so that one who transgresses will be in violation of two Biblical commands, and not merely the general prohibition against theft. The Sefer Ha’hinuch comments that the Torah introduces multiple commands for the same prohibition when the prohibition is especially severe. In order to help ensure we avoid such prohibitions, the Torah adds a second command forbidding the act in question, such that a transgressor will be guilty of two violations, and not just one.
The Sefer Ha’hinuch adds that one must not make the mistake of thinking that G-d introduces a second command out of a vengeful desire to bring more punishments upon people. To the contrary, the Sefer Ha’hinuch writes, G-d is compassionate and merciful, and not at all vengeful. As the Sages famously taught, “Rasa Ha’Kadosh Baruch Hu Le’zakot Et Yisrael” – G-d wants us to have the ability to earn great merit, and for this reason He gave us a large corpus of Torah to learn, and numerous Misvot to observe. By adding an additional command forbidding the withholding of payment, G-d enables us to earn even greater merit, for we are rewarded for our compliance with each and every command.
The Rambam writes that the prohibition of “Lo Ta’ashok” includes failing to repay a loan once the agreed-upon time for payment has arrived. Some commentators questioned the Rambam’s position in light of the Gemara’s discussion in Masechet Ketubot (66) concerning the case of a debtor who refuses to pay his debt. Rav Papa, as the Gemara cites, states that in times when Bet Din had the authority to utilize coercive measures, Bet Din would undertake such measures and coerce the debtor to pay what he owes. The reason, Rav Papa explains, is because Bet Din has the authority to force people to perform Misvot Aseh (affirmative commands) which they are obligated to perform. Rashi explains that the Misva to which the Gemara refers is the command, “Ve’hin Sedek Yiheyeh Lachem” (Vayikra 19:36). (Literally, this command refers to the obligation to use accurate weights and measures, and not to deceive customers. However, the Gemara interprets the word “Hin” to mean “Hen” – “yes,” such that the Torah commands that when we agree to do something, we must follow through on our commitment. Thus, a borrower who commits to pay the debt by a certain time is bound by this command to do so.) From the Gemara it seems clear that one who fails to repay a loan is in violation only of an affirmative command – seemingly disproving the Rambam’s position, that failing to repay a loan violates the prohibition of “Lo Ta’ashok.”
Some suggest answering this question by distinguishing between one who intends to repay the loan, but delays the payment so that he can continue using the money, and one who has no intention of repaying. The Rambam referred to the latter case, a borrower who does not intend to ever repay the loan, and who thus transgresses the prohibition of “Lo Ta’ashok.” Rav Papa, however, addresses the situation of a person who intends to pay but repeatedly delays the payment. A person in this case does not transgress the prohibition of “Lo Ta’ashok,” but fails to fulfill the affirmative command to honor his word, by failing to pay at the time by which he committed to repay his debt.
This prohibition applies in all places, at all times, and to both males and females. One who violated this prohibition by refusing to pay money which he owes does not receive Malkut, as this prohibition falls under the category of “Lav Ha’nitak La’aseh” – a prohibition which can be rectified through the performance of an associated Misva. The violator can correct his behavior by simply paying the money he owes, and thus he is not liable to Malkut. The Sefer Ha’hinuch comments in reference to this Halacha, “She’gadol Koah Ba’al Teshuba” – the penitent sinner has great power. Even if one has committed a grievous sin, he is given the opportunity to correct his conduct and thereby avoid punishment.
Unfortunately, some people think that failing to repay debts or pay workers is simply a matter of “not being nice,” of delinquency, which is something which can be done on occasion. But the truth is that failing to pay money which one owes constitutes an outright Torah violation. The Torah strictly demands that we honor our word and pay in full those to whom we owe money.