web analytics
July 26, 2014 / 28 Tammuz, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
Judaism
Sponsored Post
IDC Advocacy Room IDC Fights War on Another Front

Student Union opens ‘hasbara’ room in effort to fill public diplomacy vacuum.



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.

Please use the Facebook Tab below to leave your comment:

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.

SocialTwist Tell-a-Friend

Loading Facebook Comments ...
Loading Disqus Comments ...
Current Top Story
John Kerry
Entire Israeli Cabinet Rejects Kerry’s Proposed Ceasefire, Talks Continue
Latest Judaism Stories
Weiss-072514

Just as the moon waxes, wanes and renews itself, so has the nation of Israel renewed itself through the millennia.

126_masei_web

Parshat Masei: Rabbi Fohrman addresses the age-old question, are we our brother’s keeper?

Hertzberg-072514

When Germany invaded neutral Belgium on August 4, England declared war on Germany. Thus, by the end of the first week of August all the major powers of Europe were at war.

Winiarz-072514

The Talmud teaches that the Beis HaMikdash was destroyed because of baseless hatred.

When taking any major step in life it is a good idea to carefully re-evaluate one’s past.

Ours is a small and intensely vulnerable people. Inspired, we rise to greatness. Uninspired, we fall

The enormity of Hiram’s accomplishments crazed him and deluded him into self-deification.

When Hashem first thought (if it could be) about creating the world, the middah of din was in operation.

Hallel On Purim?
“Its Reading Is Its Praise”
(Megillah 14a)

If the only person available to perform the milah on the eighth day is a person who is not an observant Jew, the milah should be postponed until a devout mohel is available.

It is apparent from the Maharsha that he does not see galus as atoning for killing accidentally; otherwise, this Gemara would not bother him.

It was found to be a giant deer tick living in her head – with its claws in her scalp.

While daydreaming about finding the perfect job, I never expected to be rewarded in spades for my aforementioned experience.

We are all entrusted with the mission of protecting our fellow Jews

Today, we remain Hashem’s nachal.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“I’ll make you a deal,” he said. “If you pay monthly – it’s $4,500; if you pay six months up front – I’ll give it to you for $4,200.”

Business-Halacha-logo

“Sound fine,” said Mrs. Schwartz. “In the middle, paint their names, Shoshana and Yehonasan. He spells his name Yehonasan with a hei and is very particular about it!”

“It is sometimes possible through hataras nedarim, nullification of vows,” replied Rabbi Dayan, “but it’s not simple for charity pledges.

Mr. Haber called Rabbi Dayan. “We sold various household items, including my bicycle, the refrigerator and some professional tools with the expectation of being relocated,” he said. “It turns out we’re staying. Can I annul those sales?”

“You cannot restrain Ari from building a fence on his property,” answered Rabbi Dayan.

“I would understand if I became sick and could not finish,” said Mr. Braun. “But here it was my choice to stop the work and go take care of my mother.”

“David is also entitled, since he is also learning,” Moshe replied. “He’ll be back in a few minutes. Anyway, I’m on a diet and didn’t take one for myself, so I don’t see any problem taking for him.”

Shlomo called Rabbi Dayan. “I lent someone money, and he now denies the loan,” he began. “If the opportunity presents itself, am I allowed to grab money from him?”

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

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

Scan this QR code to visit this page online: