
Changing employers/jobs every three years:[1]
Some Poskim[2] rule that an employee, including a worker, teacher, [Sofer[3]], or servant, is not[4] to work for the same employer in his home[5] on a permanent basis for more than three years.[6] Nevertheless, if one does not have another source of sustenance to provide him food, [and has nothing to sell[7]] then he may continue working even past three years.[8] (However, a woman is not to work for the same employer more than three years, according to the above opinion.[9]) [Other Poskim[10] rule one may work for the same employer for over three years, although may not work for the same employer for six years.[11] Other Poskim[12] however argue on all the above and rule that there is never a prohibition involved in working for an employer for more than three years, in any situation.]
Summary: Q&A Does the above prohibition [according to stringent opinion] apply towards any job, or only towards a job in which one works in another’s home and lives there on a permanent basis during his years of work?
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[1] Admur Hilchos Sheila Usechirus Vechasima 21
[2] Yeish Mi Sheomer in Admur ibid; Rama 333/3; Darkei Moshe 331; Shach 333/17; Hagahos Mordechai Perek Haumnim Remez 459-460; Maharam Merothenberg Teshuvah 85
[3] Rama ibid; Hagahos Hamordechai
[4] So is wording in Admur ibid; However in Rama ibid the wording is “Therefore it is forbidden..”
[5] See Q&A!
[6] The reason: As up until three years of work one is considered an employee, as it says in Yeshaya [16/14] “Beshalosh Shanim Kishnei Sachir Venikleh” while by an Eved Ivri the verse [Devarim 15/18] states “Ki Mishneh Secha Sachir Avdecha Sheish Shanim”, and thus if one works for more than three years he leaves the status of an employee and enters the status of a slave and the Torah stated that “Ki Li Bnei Yisrael Avadim”, that they are Hashem’s slaves and not slaves of slaves. [Admur ibid; Shach ibid; Maharam ibid; Mordechai ibid]
Other opinions: Some Poskim learn one may not work for an employer for up to three years, because three years of work is called a Sachir, and one may not be a Sachir. [Smeh 333/15; Shach ibid negates this Nussach and so rules Beir Sheva p. 112; Agudas Eizov p. 107; Admur ibid unlike Smeh] The practical ramification is whetehr may one work on the last day of the three years.
[7] Admur ibid Kuntrus Achron 4 based on Rambam Avadim 1/1; Shach ibid
[8] Admur ibid; Shach 333/16; Aruch Hashulchan 333/14
The reason: As in times of the Yovel, a person who had no form of sustenance could even sell himself as a slave, as the verse [Vayikra 25/39] states “When your brother becomes destitute and is sold to you”, and thus certainly he may work for more than three years. [Admur ibid; Shach ibid]
[9] Admur ibid in parentheses
The reason: (As even in times of the Yovel, a woman who reached puberty [growth of breasts] could not sell himself as a slave [even if destitute] [see Bava Metzia 12b; Tosafus ibid; Rambam Avadim 2], therefore she may also not work for more than three years according to the above opinion.) [Admur ibid in parentheses]
[10] Chasam Sofer O.C. 206; Opinion in Aruch Hashulchan 333/14
[11] The reason: As the verse considers an Eved Ivri to be a slave of six years, and hence any less than six years is not an Eved Ivri. [ibid]
[12] Tosafus Bava Metzi 10a, brought in Mordechai ibid, Beir Sheva ibid, Shach ibid, Aruch Hashulchan ibid
[13] Admur ibid; Rama ibid “To be in the house of the employer permanently”
[14] Chasam Sofer O.C. 206 and C.M. 172, brought in Pischeiy Teshuvah 333/6
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