web analytics
June 30, 2015 / 13 Tammuz, 5775
At a Glance
Judaism
Sponsored Post


Just One Tile!

Business-Halacha-logo

The Alperts needed some work done around their house. The contracted Mr. Fixler, a general handyman, to do the job.

While working on one of the fixtures, Mr. Fixler accidentally knocked his drill off the ladder. It landed with a thud on the floor of the entranceway, cracking a tile.

Mr. Fixler apologized profusely for the incident. “Obviously, I will replace the tile,” he said. “Do you have any spare tiles?”

Mr. Alpert looked around his basement for remaining tiles, but could not find any. He took the broken tile to the store from where he had purchased the tiles seven years earlier. “Do you have any of these tiles left?’ he asked. “One of ours cracked and needs to be replaced.”

“We don’t carry that style anymore,” said the salesman.

“Perhaps you have an odd box left in the warehouse?” suggested Mr. Alpert.

“I’ll check with inventory,” said the salesman, “if you can wait here fifteen minutes.”

“I’ll wait,” said Mr. Alpert.

The salesman went away and returned fifteen minutes later. “There are no more of those tiles in inventory,” he said. “That style was discontinued five years ago. I checked with some other vendors that we work with; they also don’t have any left.”

Mr. Alpert returned home. “There’s no point in having one tile that doesn’t match,” Mr. Alpert said to his wife. “We’re going to have to retile the whole entranceway.”

“If we redo a strip of complementing tiles, that should suffice,” Mrs. Alpert said. “I’ll come with you.” They went to the store and chose a box of fancy, decorative tiles. They gave the tiles to Mr. Fixler to install, along with a bill for $109.

When Mr. Fixler saw the bill for the tiles, he felt that the amount was exaggerated. “You have very expensive taste,” he commented. “I don’t need to cover that.”

“How much do you think is fair?” asked Mr. Alpert.

“I cracked just one tile,” said Mr. Fixler. “I don’t owe you more than that. I’m willing to go beyond the letter of the law and replace additional tiles, but not to pay for them.”

“We would have been very happy had you not damaged any tiles,” replied Mr. Alpert. “Consider that the broken tile was also expensive.”

“It certainly wasn’t that expensive,” argued Mr. Fixler. “Anyway, the tiles were seven years old. It also was an accident.”

“The tiles were in fine condition, though,” said Mr. Alpert. “The new tiles are only needed because of your damage. It’s not fair that we should have to pay.”

“How about letting Rabbi Dayan settle this?” suggested Mr. Fixler.

“Great idea!” responded Mr. Alpert. “Let’s do that!”

The two met with Rabbi Dayan. “A worker who damages in the course of his work, even unintentionally, is required to repair or compensate for the damage, like any other person,” said Rabbi Dayan. “Therefore, you are certainly liable for the damaged tile.” (C.M. 378:1; 306:4)

“I understand, but does that require me to pay anything beyond the one cracked tile?” asked Mr. Fixler. “To replace this one tile we are installing a whole strip.”

“It can, since the primary obligation of damage is to restore the item to its former use,” answered Rabbi Dayan. “Therefore, if replacing the damaged tile requires uprooting and replacing a few additional, adjacent tiles – they are also included in the liability. Also, tiles are sold as a whole box, not singly.” (See Shach 387:1; Chazon Ish, B.K. 6:3)

“What about the fact that the tiles were old, though?” asked Mr. Fixler. “Also, the decorative strip looks nicer than the original simple flooring. The original box of tiles would cost no more than $50 had it been available!”

“If the repair adds value, the owner needs to absorb part of the cost,” replied Rabbi Dayan. “For example, if a worker broke an old sink and it was replaced with a new one, he is liable for the cost of installation and the proportional worth of the old sink; the owner is responsible for the differential in worth between the new sink and the old one.” (See Mishpetai HaTorah I:24)

“But we cannot restore the actual damage here,” said Mr. Alpert. “The original tiles are not available. The only way to make it aesthetically pleasing was by adding decorative tiles.”

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 “Just One Tile!”

Comments are closed.

Current Top Story
Terror Attack near Shvut Rachel
Bad Terror Attack Near Shvut Rachel
Latest Judaism Stories
Staum-062615

Amalek, our ultimate foe, understood that when unified, we are invincible and indestructible.

Torat-Hakehillah-logo-NEW

Perhaps on a deeper level, the mitzvah of parah adumah at this junction was not just to purify the body, but the spirit as well.

Rabbi Avi Weiss

Halacha isn’t random; it’s a mechanism guiding individuals and society to a higher ethical plateau.

Q-A-Klass-logo

Question: Should we wash our hands in the bathroom with soap and water, or by pouring water from a vessel with handles three times, alternating hands? I have heard it said that a vessel is used only in the morning upon awakening. What are the rules pertaining to young children? What is the protocol if no vessel is available? Additionally, may we dry our hands via an electric dryer?

Harry Koenigsberg
(Via E-Mail)

Less clear, however, is whether the concept applies to the area of civil law such as the law of transfer of property.

The greatest of men, Moshe, had to wait for Hashem to sprinkle purifying waters on Bnei Yisrael to mark the conclusion of the period of death.

My Plate, My Food
‘My Loaf Is Forbidden To You’
(Nedarim 34b)

Of Chukkim “Satan and the nations of the world made fun.” They may appear irrational & superstitious

I realized from this story that I was sent as a messenger from above. Hashem has many helpers in this world to help do his work.

Tosafos answers that nevertheless the sprinkling is a part of his taharah process.

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

Zaidie’s legacy of smiles and loving words was all but buried with him, now the family fights over $

Israel’s complaining frustrated Moshe, making it increasingly hard for him to lead effectively

Dovid’s musical Torah teachings were designed to penetrate the soul and the emotions.

It occurred to me, as my brain rattled in my skull on a two-hundred mile ride through rural Virginia, that our souls work in much the same way.

More Articles from Rabbi Meir Orlian
Business-Halacha-NEW

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

Business-Halacha-NEW

“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.”

“What do you mean?” asked the secretary. “We already issued a ruling and closed the case.”

“A person who borrowed without a written loan document, even in the presence of witnesses, is believed with a heses – rabbinic – oath to say that he repaid,”

During the course of the year, though, political events in the Persian Gulf caused the cost of gasoline to rise. Prices climbed from $2.50 a gallon to $4.00.

“There is a diamond necklace that I wear on special occasions,” Mrs. Miller told her husband. “It was recently appraised at $6,000. If need be, we can give that as collateral.”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/just-one-tile/2012/07/12/

Scan this QR code to visit this page online: