Shulchan Arukh Choshen Mishpat · Siman 331

Shulchan Arukh Choshen Mishpat 331 — English translation

Translation: Sefaria Community Translation. Section numbers match the Hebrew text above.

1. 1One who hires workers and said to them "work from dawn till dusk", cannot force them to do so if that is not the custom of the area, even if he adds to their salary. This is because he did not make this stipulation at the moment he hired them. [Rema: (meaning that it was not the case that) there was not a particular custom in the city or that he said to them "I hire you according to Torah law and you are obligated to leave from your houses at sunrise and work until nightfall" (Tur 331:4). (In these cases) on the eve of Shabbat the worker goes home early so he can fill a barrel of water and roast a small fish and light the Shabbat candles (Tur 331:5 based on the Talmud Yerushalmi). If there was no custom in the city but the majority of the men in the city come from an area where there is a custom, we go according to the custom of the city from which they come. If they came from a place where the custom is to work from dawn to dusk to a place where that is not the custom, or the reverse, we go according to the custom of the place in which they were hired (Nemukei Yosef on the beginning of Chapter 7 of Bava Metzia, "One Who Hires Worker", based on the Talmud Yerushalmi). Something is not a custom unless it a common practice and has been done many times, however, something which has been done only once or twice is not considered a custom (Rivash siman 475).]
2. 2A place that is accustomed to nourish, nourishes; to provide in dried figs or dates and it is like he has fulfilled his obligation in them, he will provide; everything according to the custom of the state.

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