Parshas Vayeitzai

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Parshas Vayeitzei:

 

All for the Boss
 
By Rabbi Yaakov Ringel

 

 
This week’s Perspective is dedicated in memory of:

Reb Shlomo ben Chaim Hakohen, z”l
may the Torah studied through this publication be an eternal zechus for his Neshama 
 
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ALL FOR THE BOSS 

         

          Yaakov Avinu, having endured twenty years of ill-treatment and trickery at the hands of his uncle and father-in-law, Lavan, finally feels that the time has come to air his grievances. In contrasting Lavan’s behavior with his own, Yaakov declares to Lavan, “These twenty years that I have been with you, your ewes and she-goats never miscarried, nor did I eat rams of your flock. That which was mangled I never brought to you- I myself bore the loss, from me you would exact it, whether it was stolen by day or by night. This is how I was: By day scorching heat consumed me, and frost by night; my sleep drifted from my eyes….” (Breishis 31:38-40)       

 

          In examining Yaakov’s behavior, as described in the above passage, one might conclude that this is yet another example of our forefathers acting in a manner way beyond the normal requirements of halacha. After all, there are many examples in these parshayos of the Avos acting on an almost super-human level.

 

          Indeed, Yaakov was not required according to Choshen Mishpat to take the loss of a sheep that was devoured by a predatory animal. In contrast, if we examine the halachah, as set forth in the Shulchan Aruch, Choshen Mishpat 303:2, we find that when Yaakov stayed on the job no matter how cold or hot or tired he was, he was only fulfilling his basic responsibilities as a paid guard.

 

          During the time that a paid watchman is on duty, he is required to “sit and watch” during the entire time (see Tur Ch”M 303:1) and he cannot leave his post for any reason unless an agreement had been made otherwise. Furthermore, the halacha makes a paid guard financially liable for any theft or loss of the object that occurs during the time that he has been paid to watch, even if the loss or theft happened because he could not stay awake any longer and fell asleep, or he fell ill. Only in a situation where a total accident happened to the item itself while the guard was watching the item (and not that the item was stolen or lost due to the guard himself having had a personal accident) is he exempt from paying for the loss.

 

          In truth, how far a paid guard’s financial obligation extends is a matter of a disagreement. As we have explained, some authorities do not accept a guard’s claim that he was simply too tired or too sick to fulfill his responsibilities. His financial obligation for the safe return of the object does not allow for any exceptions. However, there are authorities that rule that a personal accident such as an unexpected illness, does exempt a paid guard from his monetary liability (see Shach 303:4, Ketzos Hachoshen 303:1).

 

          All agree however to the requirement that, unless otherwise stipulated, a paid watchman while he is on duty must actually physically guard the item for which he’s taken responsibility even if it is very difficult for him to do so. He is not allowed to simply put the object in a safe place and walk away or go to sleep. Therefore, when Yaakov Avinu guarded Lavan’s sheep when he was cold, or hot or very tired, he was simply fulfilling his halachic requirement as a paid watchman.

 

          Similarly, we find that a paid worker is warned not to waste time while in the services of his employer. As the Shulchan Aruch (Choshen Mishpat 337:20) points out, the sages even exempted the paid worker from reciting the fourth blessing of the Grace After Meals (Birchas Hamazon) so as to avoid unnecessarily wasting the employer’s time. In fact, the employee is enjoined to work with all his strength, as we see that Yaakov proclaimed that he had worked for Lavan with all his strength, and therefore was entitled to the flocks of sheep that he received from Lavan in remuneration. Yaakov’s dedication to his job was not going beyond the call of duty; rather it is required of all employees to work with similar dedication, to give one’s complete effort to one’s employer in exchange for a salary.
           

          Total dedication to one’s job can also be seen by the behavior of Choni Hama’agal and his grandson, Abba Chilkiya, who would not even respond to a person’s greeting while on the job (see Ta’anis 23). While this might be a level that cannot be expected of an average person, the Sefer Chassidim writes that one who has the fear of G-d should follow in their footsteps.

 

          Clearly, the first step is to understand that one must be very meticulous not to waste or take time that has been hired out to one’s employer. Unless an employer’s permission has been obtained beforehand, taking care of personal business, such as making doctor’s appointments and the like, or taking extended coffee breaks to schmooze about office politics, etc., is tantamount to stealing. The same could be said regarding the personal use of office facilities and supplies. The Pischei Choshen (vol. 4, chapter 7, footnote 24) writes that such personal use is strictly prohibited without first obtaining permission of the employer. 
           

          When considering the practical application of all the above rules governing the duties of the employee to his boss, it is important to understand that these rules do not exist in a vacuum. In the absence of a specific agreement in a particular issue, the overriding directive governing the employer-employee relationship is the prevailing custom of the workplace in question, the minhag hamedina (see Shulchan Aruch Ch”M 331:1,2). Therefore, if the norm is to allow occasional trips to the coffee machine or the water cooler, the employee is certainly within his rights to take advantage of that. He may even use a paper clip or two if everyone, including his employer, understands and accepts that to be one of the customary perks of the job. As with all matters of Choshen Mishpat, when in doubt, a competent Choshen Mishpat authority should be consulted.
    

          Although current custom generally determines a worker’s rights and responsibilities, we still can learn a very relevant lesson for today’s workplace from our forefather Yaakov and his dedication to his crooked employer, Lavan. How could Yaakov have been as dedicated as he was to such an awful employer as Lavan? The truth is that Yaakov was not dedicated to his boss, Lavan, but rather to his Boss, Hashem. Yaakov understood that integrity in the workplace is a matter of one’s own principles and character. It is not dependent on the commensurate integrity of one’s employer. We may be watching computer screens instead of sheep, and we may be working in well-lit, climate-controlled offices instead of in the field, but the lesson is the same. It is the lesson of Yaakov Avinu, Hashem’s employee.

 
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