web analytics
August 23, 2014 / 27 Av, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
Judaism
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



Snow Job

Business-Halacha-logo

Mr. Farber looked out his kitchen window and admired the snow all around. It had piled up during the night, covering everything with a beautiful blanket of white. While he was eating breakfast, Yaakov and Elisha knocked on his door. “Do you want your snow shoveled?” asked Yaakov.

“No, thank you,” replied Mr. Farber. “I’m going to shovel it as soon as I finish eating.”

The two boys turned to go away. Mr. Farber called out after them, “My next door neighbor, Mr. Schreiber, always wants his snow shoveled. He won’t be home before the evening, so you should do his house and driveway.”

“Thanks,” said Elisha. “We’ll do it now.”

The two boys got to work. After shoveling for an hour they had cleared the sidewalk and the driveway. When they finished, they knocked again on Mr. Farber’s door. “We finished shoveling your neighbor’s house,” they said. “That will be $35.”

“I’ll tell him this evening,” said Mr. Farber. “Leave me you phone numbers.”

Yaakov and Elisha shifted uncomfortably. “We expected that you would pay us,” Yaakov said. “You told us to shovel his house. We would like our pay today, and might not even be around in the evening.”

“Although I told you to shovel Mr. Schreiber’s house, I never said I would pay you,” Mr. Farber protested. “I just told you he always wants his house shoveled.”

“No, you said to shovel his house and driveway,” argued Elisha. “You gave us the job, so it’s your responsibility to pay! You can work it out with your neighbor when he comes home. There is a mitzvah to pay a worker on the day he completes the job, and it’s prohibited to delay payment against his will to the following night.

“That’s only if I’m responsible to pay, though,” countered Mr. Farber. “I’m not convinced I owe you anything.”

“We just had a similar case in yeshiva,” said Yaakov. “I mistakenly took Elisha’s suit to the cleaners instead of my own. Rabbi Dayan said that since I brought it in, I have to pay the cleaners and can then ask reimbursement from Elisha for the benefit I provided him. It’s the same here.”

“I’m not sure it’s the same,” said Mr. Farber. “In that case, you clearly took responsibility for the payment when you brought the suit in. Here, I told you outright that it was Mr. Schreiber’s house.”

“Can we come in and call Rabbi Dayan together?” suggested Elisha.

“With pleasure,” replied Mr. Farber.

Yaakov and Elisha took off their coats and put the phone on speaker. They called Rabbi Dayan and asked: “If Mr. Farber instructed us to shovel his neighbor’s property, must he pay?”

“A person who instructs someone to do work in another’s property is liable only if he assumes responsibility for the employment, which can be in one of three ways,” answered Rabbi Dayan. “Whenever he does assume responsibility, he would violate bal talin [the prohibition of withholding salary] if he didn’t pay promptly.” (C.M. 339:7)

“What are the three ways?” asked Elisha.

“One, the classic case,” answered Rabbi Dayan, “is where the person initially employed the worker for himself, and then instructed him – intentionally or by mistake – to do work for his neighbor, instead.” (C.M. 336:1)

“This was the case with the cleaners,” noted Yaakov. “I gave them the suit with the understanding that they were doing work for me.”

“The second case,” continued Rabbi Dayan, “is where you accepted direct responsibility for the salary, by saying: ‘I will pay your salary,’ even though the work was being done for someone else.”

“What is the third case?” asked Elisha.

“When the worker was unaware that this is someone else’s property,” answered Rabbi Dayan. “For example, had Mr. Farber simply instructed you to shovel the driveway adjacent to his house, which turned out to be his neighbor’s driveway, he would be liable to pay you.” (Rama 339:7; SM”A 336:4)

“When is a person not liable?” asked Yaakov.

“If you instructed a worker to do work in another’s property without accepting responsibility and the worker was aware that this was someone else’s property – you are not liable for payment,” replied Rabbi Dayan. “The laborer can only claim the benefit from the owner. You may have to make an effort to help the worker extract payment from the owner, though.” (Pischei Choshen, Sechirus 8:84)

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 “Snow Job”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
4 yr old Israeli Daniel Tregerman, murdered by Hamas rocket on Aug. 22, 2014.
IDF: Israeli Toddler Murdered by Rocket Fired Near UNRWA School/Shelter
Latest Judaism Stories
Parsha-Perspectives-logo

Eisenhower understood that motivated men will fight much harder and longer than unmotivated men.

PTI-082214

Who does not want to get close to Hashem? Yet, how do we do that?

Weiss-082214-Beloved

Hashem recalls everything – nothing is hidden from His eyes.

Taste-of-Lomdus-logo

According to Rabbi Yishmael one was not permitted to eat such an animal prior to entering Eretz Yisrael, while according to Rabbi Akiva one was permitted to eat animals if he would perform nechirah.

An interview was overheard in which an Arab asked a Hamas commander: “What’s the problem? Why aren’t you hitting your targets? Don’t you know how to aim?” To which he was answered: “We know how to aim very well. We are experts. But their G-d moves the missiles.”

Discretion
‘Vendors Of Fruits And Clothing…May Sell In Private’
(Mo’ed Katan 13b)

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
Via Email

If a man sins and follows his inclinations, he will find comfort in this world – but when he dies, he will go to a place that is all thorns.

Nothing is more effective to diminish envy than gratitude.

The first prayer of Moshe was Vayechal, where Moshe’s petition was that no matter how bad bnei Yisrael were, the Egyptians were worse.

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

If we regard pain and suffering as mere coincidence, we will feel no motivation to examine our lives

Culture is not nature. There are causes in nature, but only in culture are there meanings.

Rabbinic law is pivotal but it’s important to understand which laws are rabbinic and which biblical.

We give slave gifts? If he wants to stay, we pierce his ear?!

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

Business-Halacha-logo

“Guess what?” Benzion exclaimed when he returned home. “I just won an identical Mishnah Berurah in the avos u’banim raffle.”

“Do I have to repay the loan?” he asked. “Does Yosef have to reimburse me? What if doesn’t have that sum, does he owe me in the future?”

When Yoram got home that evening, he went over to Effy: “My day camp is looking for extra supervision for an overnight trip,” he said. “Would you like to come? They’re paying $250 for the trip.”

“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.”

“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?”

    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/snow-job/2012/12/27/

Scan this QR code to visit this page online: