If a person gave something to a workman to be repaired or serviced, when does the obligation to pay the serviceman take effect? Is he required to pay for the work immediately once the work is completed, and thus violates the prohibition against withholding wages already at that point, or does the obligation take effect only once he comes to retrieve the item?
The Be’ur Halacha (Rav Yisrael Meir Kagan of Radin, 1839-1933), in Siman 242, and Maran, in Shulhan Aruch (Hoshen Mishpat 339:6), write that the obligation does not take effect until the customer comes to pick up the item that was serviced. As such, he is not required to pay immediately once the repairman calls to inform him that the item is ready. His obligation to pay the repairman takes effect only once he comes to retrieve the repaired item. Although other Halachic authorities dispute this ruling, this is the accepted Halacha.
The Be’ur Halacha therefore advises one who is currently unable to pay for the service to leave the item by the repairman until he has the money, in order to avoid violating the prohibition of withholding wages. Once he picks up the object that was serviced, he is obligated to pay, and thus if he cannot pay yet, he should leave the object in the possession of the serviceman.
Several different explanations have been suggested for why the obligation does not take effect immediately once the work has been completed. One possibility is that while the item is with the repairman, it may be regarded as a Mashkon (collateral), which can function in lieu of payment. Others maintain that the workman’s possession of the item signifies his Mehila (waiving his rights), demonstrating that he does not yet demand payment.
A common example of this Halacha is one who brings clothes to the cleaners, and then receives a call that the clothes are ready to be picked up. If he does not have the money to pay for the service, he should leave the clothes at the cleaners until he has the money. But once he picks up the clothes, he bears an obligation to pay. Unless the store has a policy granting customers credit for the services, he must pay as soon as he picks up the clothes.
Summary: If a person brought something to a worker for repairs, or brought his clothes to the cleaners, his obligation to pay takes effect only once he picks up the item in question. Therefore, it is advisable not to pick up the item unless he has the money available for payment.
