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Ruling: [Last week we saw that def is bound by the price estimate, and now we must look at the matter of the work that was decided upon after the estimate was set.]
The gemara (Bava Metzia 76a) deals with a middleman who told workers a price that the homeowner would pay where the homeowner had actually said a lower price. In such a case, where the worker was authorized to work but there was effectively no price set, the standard price is used and where there is a range, the worker receives the lower price (Shulchan Aruch, Choshen Mishpat 332:1). Therefore, regarding elements of the work whose price was not set, def ostensibly should only have to pay minimum prices.
However, there are exceptions to the rule. For example, the Rivash (475) and Rama (CM 333:8) discuss a chazan who was hired for a year with a certain compensation package. After the year, he continued working without discussing his compensation. They say that we assume that the same conditions continue. Therefore, in regard to elements of the work that are just additional units of items spelled out in the estimate, pl gets paid at the same rate.
The Maharashdam (CM 335) discusses a worker who did a job at a given price and after a few months did the same job without discussing price. The Maharashdam said that since prices in the field went up, the worker is entitled to a higher compensation. Furthermore, he says that if the worker previously received higher than average pay, he deserves more than average this time as well. Since the employer knew his price policy and agreed for him to work without stipulation, he accepted the policy upon himself. However, the Maharashdam concluded that since the worker is also at fault for not setting a new price, beit din should make a compromise between the different possible prices. Since the Maharashdam’s logic can be applied to our case, beit din asked of a court appointed expert to set a moderate price for those elements of the work that are not related to items in the original estimate.
P'ninat Mishpat (829)
Various Rabbis
229 - Unsigned Estimates for a Contractor
230 - Unsigned Estimates for a Contractor
231 - An Aggressive Landlord
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P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 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
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
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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.
