Bava Metzia

A HIRED LABOURER, WITHIN THE SET TIME, SWEARS AND IS PAID. Why did the Rabbis enact that a hired labourer should swear and receive [payment]?  — Rab Judah said in Samuel's name: Great laws were taught here.  Are these then [traditional] 'laws'?  They are surely merely [Rabbinical] measures! — But said Rab Judah in Samuel's name: Important enactments were taught here. 'Important'? Does that imply the existence of unimportant ones?  — But, said R. Nahman in Samuel's name: Fixed  measures were taught here. Thus: The oath is the employer's privilege, but the Rabbis took it away from the employer and imposed it upon the employee, for the sake of his livelihood. And on account of the employee's livelihood, are we to cause loss to the employer?  — The employer himself is pleased that the employee should swear and be paid, so that workers should engage themselves to him. [On the contrary], the employee himself is pleased that the employer should take an oath and be exempt, so that he should engage him! — The employer is bound to engage [labourers]. But the employee too is forced to seek employment! — But [the reason is that] the employer is busily occupied with his labourers.  If so, let us award it [the wages] to him without an oath! — [The oath is] in order to appease the employer. Then let him pay him in the presence of witnesses.  — It is too much trouble. Then let him pay him in advance!  — Both prefer credit.  If so,  even if the dispute concerns a stipulated amount,  it should be likewise so. Why then has it been taught: If the labourer maintains, 'You arranged with me for two [zuz].' and the other [sc. the employer] pleads, 'I arranged only for one,' the plaintiff must furnish proof?  — The stipulated wage is certainly well remembered. [Again] if so, even if the set time passed, he should also be believed. Why did we learn: BUT IF HIS SET TIME PASSED, HE CANNOT SWEAR AND RECEIVE PAYMENT? — It is a presumption that the employer will not transgress [the law]. The wages of him that is hired etc. But have you not said that he is busy with his employees? — That is only before his obligation matures;