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BAVA METZIA 76

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PAST DEDICATION
BAVA METZIA 76-77 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.

SUMMARY

If workers who were hired for a job back out in the middle the Ba'al ha'Bayis has the upper hand and if he can't find workers to finish the job without overpaying he subtracts the difference from their wages. (1)
 
If the Ba'al ha'Bayis backs out in the middle the workers have the upper hand and if workers finish the job for less the first workers receive the difference.
 
If someone instructs a person to hire workers and he told him to promise the workers four Zuzim a day and he promised them three since they agreed to work for three they are only paid three.
 
If someone hires workers for himself and he directs them to his friend's field he must pay them the full wages that he promised them and he collects from the Ba'al ha'Bayis the amount that the Ba'al ha'Bayis benefited.
 
If someone instructs a person to hire workers and he told him to promise the workers three Zuzim a day and he promised them that the owner will pay them four if the going rate for the job is four the Ba'al ha'Bayis must pay four and if the going rate is three he pays only three.
 
If the going rate for the job is from three to four the Ba'al ha'Bayis is only obligated to pay three and the workers have no recourse other than a grievance on the person who hired them. (2)
 
If someone hires workers to work for his friend and the friend told him to promise the workers four and he promises them three and the workers say whatever the Ba'al ha'Bayis promised it is a Safek if they receive three or four.
 
If a woman instructs a Shali'ach to bring her a Get from her husband and the Shali'ach tells the husband that the woman made her into a Shali'ach Kabalah and the husband says take it as she said even when the Get reaches her hand she is not divorced. (3)
 
If a Ba'al ha'Bayis hires workers and the workers backed out or the Ba'al ha'Bayis backed out they have no recourse other than a grievance.
 
If the workers were hired and they traveled to their place of work and than the Ba'al ha'Bayis backed out he must pay them but he is not obligated to pay their full wages because a worker is willing to take less in order to be idle.
 
If a worker was hired to do a job and the Ba'al ha'Bayis backed out in the middle of the job he must pay him for the work that was done even if he must overpay other workers to finish the job.
 
R. Dosa holds that if he must overpay other workers to finish the job the workers who backed must pay the difference and it is subtracted from their wages.
 
If workers back out in middle of their work and if it is not completed the Ba'al ha'Bayis will incur a loss he may overpay for other workers to complete the job and subtract it from their pay or trick them into completing the work. (4)

A BIT MORE

1. If the Ba'al ha'Bayis underpays for workers to finish the job the first workers don't receive the difference.
 
2. The grievance of the workers is that if you had not told us that we will be paid four we would have made the effort and found someone who is willing to pay us four, or alternatively this sis referring to case that the workers own their own fields and their grievance is that if you would not have promised us four we would not have lowered ourselves to take a job unless we were paid more than the usual amount. Or the grievance of the workers is that since you promised us four we did much better work than usual and the work that we did is worth four.
 
3. Even though he brought her the Get she is not divorced because since the Shali'ach is claiming to be a Shali'ach Kabalah he is not agreeing to be a Shali'ach Halachah and even if he changes his mind and brings her the Get since he did not agree to be a Shali'ach Holachah at the time he accepted the Get he is not a valid Shali'ach.
 
4. He may trick them by offering them more to complete the work and than renege after they complete the work.

BRIEF INSIGHT

PAYING FOR THE TRUE VALUE OF THE WORK
 
If someone instructs a person to hire workers and he told him to promise the workers three Zuzim a day and he promised them that the owner will pay them four If the going rate for the job is from three to four the Ba'al ha'Bayis is only obligated to pay three and the workers have no recourse other than a grievance on the person who hired them. The Gemara states in the third Lashon that the grievance of the Ba'al ha'Bayis is that since you promised us four we did much better work than usual and the work that we did is worth four. The Maharam explains that according to this Lashon even if the going rate for workers is three Zuzim a day they still have a grievance on the person who hired them because since they did work that is worth four they deserve to be paid four and in truth the Ba'al ha'Bayis would be obligated to pay them four if it was apparent that the work that they did was worth four. For this reason the Tur rules if the work that the workers did was worth four the Ba'al ha'Bayis must pay them four even if the going rate for workers is three, but only if the work that was done is visible and we can see that their work is worth three.

QUICK HALACHAH

HIRING WORKERS FOR A FRIEND
 
If someone hires workers for himself and he directs them to his friend's field he must pay them the full wages that he promised them and he collects from the Ba'al ha'Bayis the amount that the Ba'al ha'Bayis benefited, he may not tell the workers take what you did for your wages, even if he didn't tell them I will pay the wages and he hired them Stam. However, if he hired them to work for his friend Stam he can tell them take what you did for your wages, but if he told them I will pay the wages he may not tell them to take what they did for their wages. If he hired them in front of his friend and his friend was silent his silence is tantamount to admittance and the friend must pay the wages. The same Din applies to son who hires a Melamed for the son of his friend. If a person instructs his son-in-law to hire a Melamed for your son and I will pay you he is Patur from paying. (Shulchan Aruch CM 336:1)
 
Sine the son-in-law is not poor and he anyway Chayav to hire a Melamed for his son the father-in-law can say that I wasn't serious when I offered to pay. (Sma in the name of the Mordechai)

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