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The defendant (=def) worked for a business that marketed and distributed clothing. She approached a printing company (=pl) to design and print 5,000 advertisements. The clothes company closed abruptly and the owner disappeared, and it is not likely that he will pay off his commitments. Pl is suing def personally for the work it performed at her request. Pl claims that def introduced herself as the owner of the company. Def says that she said from the outset that she was a worker. A worker at pl said that def did not state explicitly her position but gave the impression that she ran the business.
[This time we focus on the obligation, if def said neither that she would pay personally nor that someone else would do so.]
Ruling: The Shulchan Aruch discusses two similar scenarios related to our case. One is of a person who hires a worker, ostensibly to work for him, but brings the worker to a friend’s field to work. The halacha is that the hirer has to pay the worker in full even if he did not say that he would personally pay but just hired him in a non-explicit manner (Choshen Mishpat 336:1). The Shulchan Aruch immediately thereafter says that if one hired a worker to work for his friend without specifying who would pay, he can tell the worker to take that which he produced as his payment unless he says: "I accept responsibility for payment." In this second case, then, without explicit obligation, the one doing the hiring has no responsibility.
What is the difference between the two cases, which causes that in the first, the hirer is responsible for that which the worker did for someone else, and, in the second, not? The S’ma (ad loc.) explains that in the second case, the worker was aware that he was doing the work for the benefit of a third party, and not for the person who spoke to him. In such a case, the hirer is responsible only if he accepts responsibility explicitly. In a case where the worker is not made aware that the work is for someone else, even if he was not told that he was working for the one who hired him, the hirer is responsible. This is because the worker has reason to believe that he is working for the person who hired him.
In our case, since the company’s operation was of a modest nature, pl had every reason to believe that def was working for herself. But our case is still a little different from that discussed in the Shulchan Aruch. That is because here we know that the company owner sent def to hire a worker, and she was authorized to represent him. The Shach brings a proof for that case from the parallel question of the imperative to pay a worker on time. The Shulchan Aruch (CM 339:7) says that if one hires a worker on someone else’s behalf and did not say that he is responsible for paying nor that the other is responsible for paying, the agent is the one who is responsible to pay on time. Thus, unless the hirer conveys the message that he is only an agent, he is responsible.
Thus, according to the scenario we have dealt with, def would be obligated. [Next week we will discuss the disagreement as to what def actually said.]
P'ninat Mishpat (829)
Various Rabbis
219 - Damages by a Dry Cleaner
220 - A Worker’s Commitment to a Third Party
221 - A Worker’s Commitment to a Third Party
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
