I ordered cholent from a local caterer for a family simcha. When the caterer dropped off the cholent, he insisted on receiving full payment immediately. I had figured that he was going to send me a bill at the end of the month and I would pay at that time. He informed me that their policy was to take payment upon delivery and added smilingly that their policy will offer me an opportunity to fulfill the mitzvah of paying a worker on time. I didn’t have the time to argue with him, so I paid him.

Q: Was the caterer correct in his assertion?

A: The caterer is correct that there is an obligation to pay a contractor on the day that he finishes his job, but he was incorrect in his application of that halacha to your case. The Torah obligates an employer to pay his worker upon completion of the term of employment. If one finishes during the day, the employer must pay him before sunset (Devarim 24:15) and if the worker finishes at night, the employer must pay him before dawn (Vayikra 19:13). Shulchan Aruch (Choshen Mishpat 339:6) writes that this obligation applies to contractors just as it applies to salaried employees. When the contractor delivers the final product, he must be paid either before sunset or before dawn, depending on when delivery was made. This obligation is limited to a contractor and does not apply to someone who sells a product. Thus, a salesman may not invoke the mitzvah of paying a worker on time in order to be paid for the product that he sold.

Using our example, is the caterer selling you the cholent or did you contract him to make a cholent for you? The answer to this question will determine whether there is a mitzvah for you to pay for the cholent on the day that it is delivered.

Ketzos Hachoshen (339:3) in the name of Mahar”a Sason explains that when the contractor supplies the materials, it is considered as though he is selling a product. When the contractor uses materials supplied by his employer, he is considered a contractor. Therefore, since your caterer bought the ingredients for the cholent and delivered the final product to you, it is considered a sale of cholent. As a salesman, the Biblical obligation to pay a worker on time does not apply.