web analytics
April 27, 2015 / 8 Iyar, 5775
At a Glance
Judaism
Sponsored Post


Double Booking


Business-Halacha-logo

Congregation Toras Yisrael decided to hold a learning program on Friday morning, Chol Hamoed Pesach. Two weeks before Pesach, the gabbai in charge of the program discussed possible guest speakers with the shul rabbi, Rabbi Brick.

“See if you can get Rabbi Stein,” suggested Rabbi Brick. “He’s a very powerful speaker; the crowd will enjoy him.”

The gabbai contacted Rabbi Stein. “I’m calling on behalf of Congregation Toras Yisrael,” he said. “We’re planning a learning program on Friday morning, Chol Hamoed Pesach, and would like to know if you’re available.”

“I’m not sure yet,” said Rabbi Stein. “There’s a good chance we’ll be away for Pesach. I’ll let you know in a week.”

“Were you able to get Rabbi Stein?” Rabbi Brick asked the gabbai on Shabbos.

“I contacted him,” said the gabbai, “but he said there’s a good chance he’ll be away. He’s supposed to call back in a few days to finalize.”

“OK,” said Rabbi Brick. “Meanwhile, I’ll also try contacting someone.”

Rabbi Brick called Rabbi Maggid, who was also known to be an inspirational speaker.

“I would be happy to come,” said Rabbi Maggid. “What time is the shiur?”

“At 11 a.m.,” answered Rabbi Brick. “Please try to be there a few minutes early. We offer an honorarium of $200.”

At the end of the week, Rabbi Stein called the gabbai and notified him that he was available to speak.

“Wonderful! We’re looking forward to hearing you,” said the gabbai. “The shiur is at 11 a.m. Please be there a few minutes earlier. We are offering a $200 honorarium for the shiur.”

With all the pre-Pesach rush, the gabbai and Rabbi Brick forgot to inform each other about their respective arrangements.

On Friday morning, at about 10:45, Rabbi Maggid arrived at the shul. Rabbi Brick greeted him. Five minutes later, Rabbi Stein arrived. The gabbai welcomed him and sat him next to Rabbi Brick.

Rabbi Brick, surprised, looked at him. “I thought you were going to be away,” he said to Rabbi Stein. “Meanwhile, we arranged for another speaker.”

“It’s unfortunate that the gabbai wasn’t in communication with you,” said Rabbi Stein. “I was asked to speak elsewhere and had to decline.”

“What should we do?” the gabbai asked Rabbi Brick. “Who should speak?”

“Let them both speak,” said Rabbi Brick. “We’ll ask them each to speak for only thirty minutes.” He apologized to Rabbi Maggid and Rabbi Stein for the mix-up and asked that they curtail their shiurim so that both could speak.

After the program, the gabbai approached Rabbi Brick. “We budgeted only $200 for the guest speaker,” he said. “What should we do about the money? Split it? Pay double? Give to Rabbi Maggid who was arranged first?”

“Good question,” said Rabbi Brick. “Rabbi Dayan is sitting here at the dais; let’s ask him.” He quickly explained the awkward situation to Rabbi Dayan and asked: “How do we handle the payment?”

“Both you and the gabbai were authorized on behalf of the shul to procure a speaker and arrange payment of an honorarium,” answered Rabbi Dayan. “Therefore, the shul is responsible to both speakers.”

“But only one speaker was needed,” objected the gabbai. “Once Rabbi Brick arranged with Rabbi Maggid, there was no need for me to contract Rabbi Stein.”

“This is no worse than a person who asked an agent to hire a worker,” explained Rabbi Dayan. “Even if the agent tarried at first, so that the person went ahead and hired someone else – if he didn’t notify the agent and cancel his agency, the person is responsible to both workers, as if he hired them both.” (Pischei Choshen, Sechirus 10:[14]; Pikadon 11:7)

“What if only Rabbi Maggid had given the shiur?” asked the gabbai. “Would we then have any responsibility to Rabbi Stein?”

“This would be similar to a situation where a person hired a worker and in the end did not need his services,” said Rabbi Dayan. “He still has a responsibility to the worker, especially if the worker did some preparatory work or had the opportunity to work elsewhere and can no longer do so.” (C.M. 333:1-2)

“But if only Rabbi Maggid gave the shiur – or even in our case that each gave only a short shiur – shouldn’t there be some reduction in the honorarium on account of that?” asked Rabbi Brick. “Isn’t there a concept of po’el batel? A worker is often willing to accept a reduction in salary not to have to work as long or hard.”

“Often there is, if the worker enjoys having a break from the work,” replied Rabbi Dayan. “However, a person who gives shiurim enjoys doing so and considers it a privilege! He does not necessarily relish the ‘vacation.’ Therefore, you must pay the full amount to each.” (Rama C.M. 334:4)

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.

No Responses to “Double Booking”

Comments are closed.

Current Top Story
Princeton University students voted down an Israel Divestment referendum in April, 2015.
Inside Look at Princeton’s Israel Divestment Failure
Latest Judaism Stories
Torat-Hakehillah-logo-NEW

In her diary, Anne Frank wrote words that provided hope for a humanity faced with suffering.

Leff-042415

The Arizal taught this same approach, making the point that the Torah would never mention wicked people and their sins if there was not great depth involved from which we are to learn from.

Staum-042415

Humility is not achieved when all is well and life is peachy but rather when times are trying and challenging.

In order to be free of the negative consequences of violating a shvu’ah or a neder, the shvu’ah or neder themselves must be annulled.

“I accept the ruling,” said Mr. Broyer, “but would like to understand the reasoning.”

He feared the people would have a change of heart and support Rechavam.

Ramifications Of A Printers Error
‘The Note Holder’s Burden of Proof’
(Kesubos 83b)

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

In this case one could reason that by applying halach achar harov we could permit the forbidden bird as well.

“What a way to spend a Sunday afternoon,” my husband remarked. “Well, baruch Hashem we are safe, there was no accident, and I’m sure there is a good reason for everything that happened to us,” I mused.

The answer to this question is based on one of the greatest shortcomings of man – self-limiting beliefs.

Myth that niddah=dirty stopped many women from accepting laws of family purity and must be shattered

In every generation is the challenge to purge the culture of our exile from our minds and our hearts

Rabbi Fohrman connects the metzora purification process with the korban pesach.

The day after Israel was declared a State, everyone recited Hallel and people danced in the streets.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“I accept the ruling,” said Mr. Broyer, “but would like to understand the reasoning.”

Business-Halacha-logo

“The problem is that the sum total is listed is $17,000. However, when you add the sums mentioned, it is clear that the total of $17,000 is an error. Thus, Mr. Broyer owes me $18,000, not $17,000.”

“The guiding principle regarding work terms is: hakol keminhag hamidina – everything in accordance with the common practice,” replied Rabbi Dayan.

“No, I can’t take more than $65,” protested Mrs. Fleisher. “You may not owe me more than that.”

“If I notify people, nobody will buy the matzos!” exclaimed Mr. Mandel. “Once the halachic advisory panel ruled leniently, why can’t I sell the matzos regularly?”

“Do we have to donate again?” some people asked. “Is it fair that we should have to pay twice?”

“This sounds like a question for Rabbi Dayan,” said Mr. Cohen. He took out his cell phone and called Rabbi Dayan.

“We really appreciate your efforts in straightening the shul,” said Mr. Reiss. “How is it going?”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/double-booking/2013/03/25/

Scan this QR code to visit this page online: