web analytics
July 30, 2015 / 14 Av, 5775
At a Glance
Judaism
Sponsored Post


Cool Emergency

Business-Halacha-logo

Friday morning, the air conditioner began rattling wildly. “Something’s wrong with the air conditioner,” Mr. Wolf said to his wife.

“Please call the repairman right away,” she replied. “The weather report predicted a sizzling weekend.”

Mr. Wolf called his regular air conditioner repairman, Mr. Braun. “Sorry, but I’m already booked solid this morning,” Mr. Braun said.

Mr. Wolf tried calling a few other repairmen, but none were available; everyone was busy.

“We can’t go into Shabbos like this,” Mrs. Wolf said to her husband. “We’re all going to boil. And we’re hosting a shiur this Shabbos!”

Mr. Wolf tried Mr. Braun again. “We’re desperate,” he said. “I haven’t been able to find anyone and we’re hosting a shiur this Shabbos!”

Mr. Braun looked at his watch. “I expect to finish today at about two o’clock,” he said. “I usually don’t start a new job so late on Friday afternoon, but I’ll come.”

“Thanks,” said Mr. Wolf. “I really appreciate it.”

Mr. Braun arrived at 2:30 and checked the air conditioner. “It needs major work, two to three hours,” he said, “but I should be able to have it working for Shabbos.”

By 4:30 Mr. Braun had replaced the broken part. “It will take about forty-five minutes to put everything back together and check it,” he said. “I expect it will work fine.”

Mr. Braun was about to reassemble the unit when he got a call from his wife. “Please come right away,” she said. “Your mother was admitted to the hospital and wants you immediately.”

“I’m really sorry, but I’ve got to run,” Mr. Braun said to Mr. Wolf. “My mother was just admitted to the hospital.”

Mr. Wolf looked around the house, with the mess of the disassembled air conditioner. “Go ahead!” he said. “Your mother’s health comes first.”

Mr. Wolf desperately searched the Yellow Pages for an emergency AC repair service. “We can send a repairman over immediately,” one service said. “However, you’ll have to pay the premium weekend rate and an emergency surcharge.”

“Whatever it is, we need it!” said Mr. Wolf.

The repairman came shortly afterward and finished the job. With the premium weekend rate and emergency surcharge, the remaining work cost what the entire job was supposed to.

After Shabbos, Mr. Wolf called Mr. Braun. “How is your mother doing?” he asked.

“Thank G-d, she is recuperating,” replied Mr. Braun. “I’m really sorry about the mess I caused by leaving.”

“It’s understandable,” said Mr. Wolf. “I need to pay you for the work that you did.”

“That’s nice of you, but I understand that you had to pay a pretty penny to have the job finished,” Mr. Braun said. “I’ll charge you for the part but not the labor. Why should you pay double?”

“It’s not your fault that you had to leave,” Mr. Wolf said. “You’re entitled to payment for whatever you did.”

“I won’t take payment unless Rabbi Dayan says you owe me the money,” said Mr. Braun emphatically. “Let’s ask him!”

The two men met with Rabbi Dayan. “Mr. Braun started a job for me Friday afternoon but had to leave toward the end on account of his mother’s medical condition,” Mr. Wolf explained. “I needed to pay an emergency repairman the entire amount to finish. Do I also have to pay Mr. Braun for his work?”

“You must pay the value of the work that was done, even though it cost extra to have the job completed,” ruled Rabbi Dayan.

“Why is that?” asked Mr. Braun.

“A job that is clearly time-bound is referred to as a davar ha’aved,” explained Rabbi Dayan. “In general, a worker may not back out in the middle of such a job unless an equivalent worker is available. If the employer needs to pay extra to procure replacement workers, he can deduct this amount from the work done by the first worker, even the entire amount.” (C.M. 333:5)

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

2 Responses to “Cool Emergency”

  1. It seems that the reason for backing out is not relevant. Braun left without finishing the task and Wolf had to hire someone else to do the job. If the amount charged to finish the job would have been less than Braun's price then Wolf should pay the difference but in this case since the amount is the same they should cancel out. Wolf contracted for a 'complete' job.

  2. Ronny Mol says:

    Thank you Jewish press for having this important column.

Comments are closed.

Current Top Story
Dore Gold.
Foreign Ministry Calls Sunni Arab Nations ‘Israel’s Allies’
Latest Judaism Stories
011-OT-Maps-Israel-Tribes

One must view the settlement of Israel in a positive light. Thinking otherwise is a grievous sin.

Vaetchanan

Reaching a stronger understanding of what Moses actually did to prevent him from entering the land

Rebbetzin Esther Jungreis

Anti-Zionism, today’s anti-Semitism, has gone viral, tragically supported globally & by many Jews

The 10 Statements main point was not content but the encounter between G-d & His nation, Israel

Before going in, I had told R’ Nachum all of the things we were doing in Philly, and how it was very important to receive a good bracha on behalf of our newest venture, a Russian Kollel.

Question: When a stranger approaches a congregant in shul asking for tzedakah, should the congregant verify that the person’s need is genuine? Furthermore, what constitutes tzedakah? Is a donation to a synagogue, yeshiva, or hospital considered tzedakah?

Zvi Kirschner
(Via E-Mail)

(JNi.media) Tisha B’Av (Heb: 9th of the month of Av) is a fast day according to rabbinic law and tradition, commemorating the destruction of the First Temple in 586 BCE by the army of Nebuchadnezzar, king of Babylon, and the destruction of the Second Temple in the year 70 CE by the Roman army led […]

Devarim often parallels the stories in Bereishit but in reverse & can be considered as a corrective

‘Older’ By A Month
‘…Until The Beginning Of Adar’
(Nedarim 63a)

We realize how much we miss something only after it’s gone.

Because the words of Torah gladden the heart, studying Torah is forbidden when Tisha B’Av is on a weekday, except for passages in Scripture that deal with the destruction of the Temple and other calamities.

On Super Bowl Sunday itself, life seems to stop. Over one hundred million people watch the game. About half of the households in the country show it in their living rooms and dens.

Moses begins Sefer Devarim reviewing much of the 40 years in the desert & why he can’t enter Israel

While they are definitely special occurrences, why are they cause for a new holiday?

Torah wasn’t given to be kept in Sinai; Brooklyn or Beverly Hills-It was meant to be kept in Israel!

More Articles from Rabbi Meir Orlian
Business-Halacha-NEW

The two decided to approach Rabbi Dayan. “What is the halachic status of conquered territory?” asked Shalom.

Business-Halacha-NEW

“Does that mean a person can simply renege after payment was made?” asked Benjy incredulously.

“But I’m already dwelling in the apartment,” said Mr. Gold. “Shouldn’t that count? I’m no worse than a neighbor!”

“Is there a difference between rescuing and other services?” asked Ploni.

“What difference does that make?” replied Shraga. “What counts is the agreement that we made. I said two hundred fifty and you accepted.”

“Is the invoice signed by the students?” asked the principal. “They said they didn’t get the pizza.”

“The answer depends on the terms of the purchase agreement and local customs,” replied Rabbi Dayan.

“I wasn’t really thinking,” replied Levi. “Things in the backyard usually don’t need watching. I also didn’t expect you to be away so long. One thing is clear, though: I never accepted responsibility for the cake.”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/cool-emergency/2014/06/19/

Scan this QR code to visit this page online: