web analytics
March 5, 2015 / 14 Adar , 5775
At a Glance
Judaism
Sponsored Post


Paying a Professional, And For His Courtesy Too


Choshen-Mishpat-logo

Harry called Sholom’s Car Service. “I’ve got a flight tonight at 11:30 p.m.,” he said to Sholom. “Can you take me to the airport?”

“Yes,” said Sholom. “When should I pick you up?”

“Eight-thirty should be fine,” Harry said. “The drive is under an hour, and figure two hours before the flight.”

“Let’s make it eight to leave extra time,” suggested Sholom.

“Fine,” agreed Harry.

At 8 p.m. Sholom arrived. Harry loaded his suitcases, wished his family, “Good bye,” and got in the car.

As Sholom headed toward the airport, he listened to the traffic report. “No particular problems,” he said to Harry.

On the entrance ramp for the bridge, however, traffic suddenly came to a total standstill.

“You spoke too soon,” said Harry. “What happened?”

Sholom turned the news on. “The bridge was just closed due to a fatal accident involving four cars,” the reporter announced.

“It’s good we built in extra time,” Harry said to Sholom.

It took a full hour before traffic started moving. Even so, traffic crawled slowly through one lane. Harry looked at his watch nervously. “I hope I can still make the flight,” he said.

It took almost another hour until they passed the accident and traffic began flowing smoothly. Sholom raced to the airport and got there at 10:45. “There’s still a chance I can catch the flight,” Harry said.

Sholom helped Harry unload his luggage. “I’ll wait here half-an-hour,” he said. “If you missed the flight, call me and I’ll drive you home.”

Harry went made his way to the departures area. He located his flight, but the check-in desk was already closed.

“I’m scheduled for the 11:30 flight,” he told one of the security personnel. “Is there a way to get inside?”

“I’m sorry,” he replied, “but they closed check-in fifteen ago,” he replied.

Harry tried speaking to one of the airline representatives. “I’m sorry,” she said. “Boarding is underway, and the flight was already filled. You’ll have to reschedule.”

Harry called Sholom. “I missed the flight,” he said. “I’ll have to head home with you.” “I’ll be back around in two minutes,” Sholom said.

Sholom pulled up. He loaded the bags back into the car and drove back. When they arrived, Sholom said: “That will be another fifty dollars for the return drive.”

Harry looked up, surprised. “You didn’t tell me that this would also cost.”

“You paid me just for the drive there, which took much longer than expected,” Sholom said. “Wouldn’t you have to pay for a taxi home?”

“But you had to return anyway,” said Harry irately. “If anything, you should refund the money for the ride to the airport; you didn’t get me there in time for the flight!”

“It’s not my fault that the bridge got closed,” said Sholom. “I picked you up on time and drove as best I could.”

“Well, it’s not my fault either,” said Harry. “I’m not paying another penny without consulting Rabbi Dayan about both rides tomorrow.”

The following day, Harry and Sholom went to Rabbi Dayan and asked about payment for the rides.

“When someone completes his job faithfully you must pay him fully, even if no benefit comes from the work,” Rabbi Dayan said. “For example, if a person ordered a delivery of medicine for a critically ill patient, and the person died or recovered meanwhile, the driver must be paid. Therefore, Harry must pay for the ride to the airport even though he missed the flight.” (C.M. 335:3)

“What about payment for the return ride?” asked Harry. “Sholom offered to drive me back and never said he would charge me. I assumed he meant to drive me as a courtesy.”

“When a person, especially a professional, offers his services to another we do not assume he meant to do it for free, unless circumstances clearly indicate so,” said Rabbi Dayan. (Rama 264:4) “Therefore, if Sholom did not indicate that he intended to drive you as a courtesy, he can charge you for the return trip.”

“But Sholom had to return anyway; it cost him nothing,” argued Harry. “Isn’t this a case of zeh neheneh v’zeh lo cha’ser (this one gained and the other didn’t lose), for which one is exempt?”

“The exemption of zeh neheneh v’zeh lo cha’ser doesn’t apply here for a few reasons,” explained Rabbi Dayan. “First of all, Sholom drove you with the intention of getting paid. Second, he could have picked up another passenger on the way home, were you not with him. Third, he had to wait for half-an-hour and also drove you to your door; if there is even a small additional loss or cost, you have to pay the full amount for the benefit you received.” (363:6-7)

Harry took out $50 and gave it to Shalom.

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.

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 “Paying a Professional, And For His Courtesy Too”

Comments are closed.

Current Top Story
An Arab sheikh hands out flowers in a gesture of brotherhood and good will.
Haifa U Research Confirms, ‘Think Good & It Will Be Good!’
Latest Judaism Stories
Rabbi Sacks

The Sabbath is a full dress rehearsal for an ideal society that has not yet come to pass-but will

When Hashem told Moshe of the option to destroy the people and make him and his descendants into a great nation, Hashem was telling Moshe that it is up to him.

Mordechai on the King's horse, being led by Haman

Just like Moses and Aaron, Mordechai decides to ruin the party…

Daf-Yomi-logo

An Auto Accident
‘All Agree That They Are Exempt’
(Kesubbos 35a)

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)

Why would the exemption of women from donating the half shekel exempt them from davening Musaf?

This concept should be very relevant to us as we, too, should be happy beyond description.

The Holocaust was the latest attempt of Amalek to destroy the special bond that we enjoy with God.

One can drink up to the Talmud’s criterion to confuse Mordechai and Haman-but not beyond.

“The voice is the voice of Yaakov, but the hands are the hands of Esav” gives great insight to Purim

Purim is the battleground of extremes, Amalek and Yisrael, with Zoroastrian Persia in between.

One should not give the money before Purim morning or after sunset.

The mishloach manos of times gone by were sometimes simple and sometimes elaborate, but the main focus was on the preparation of the delicious food they contained.

Does Hashem ever go away and not pay attention to us?

In other words, the Torah is an expression of the Way that we must follow in order to live a divine-like life and to bond in the highest way possible with God or Being Itself.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

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

Business-Halacha-logo

“Halacha differentiates between giving a gift, forgoing a debt [mechila], and granting permission to take something,” answered Rabbi Dayan.

“I don’t accept this,” said Mr. Zummer. “I want you to finish! You’re not allowed to just stop in the middle!”

“That’s what you’re wondering?” laughed Mr. Rubin. “That ring is not mine at all. A relative gave me money to buy it for him.”

“How could you have expected my glasses to be there?” argued Mr. Weiss. “You shouldn’t have to pay.”

“It means that the disqualification of relatives as witnesses is a procedural issue, not a question of honesty,” explained Rabbi Dayan.

“The issue is not just logistical,” replied Mr. Kahn. “I thought that halacha requires that the beginning of the adjudication and acceptance of testimony be during daytime.” (C.M. 5:2; 28:24)

A few days, Mrs. Feldman called back. “I would prefer a nice cake rather than the chocolate.”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/too-late/2012/02/29/

Scan this QR code to visit this page online: