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Beit Midrash
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- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
- Family and Society
- Financial Laws and Tzedaka
- Employer and Employee
Answer: Regarding enforceable monetary obligations, a commitment to use a worker is not binding unless an act of kinyan was made or the worker came to start the job (Shulchan Aruch, Choshen Mishpat 333:1). Coming to give an estimate does not count, but to do preparatory evaluation can count. If due to your agreement to hire Reuven, he turned down another offer and he cannot now find replacement work, you must pay based on the damage your job offer caused (ibid. 2). However, it is rare that a job that takes a few hours and the worker chooses the time would require such a worker to turn down another job (see Pitchei Choshen, Sechirut 10:(9)). If any of these grounds for obligation might exist, we cannot give you any sort of ruling, without both sides presenting their sides for us to rule.
If there was no binding obligation but one did not keep his word, the mishna (Bava Metzia 75b) says there are ground for tar’omet (being disgruntled). This is parallel to mechusar amana, when one backs out of an agreement to purchase something, and this is a (serious) moral deficiency.
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
423 - The Son of a Convert Feeling Looked Down Upon
424 - Backing Out of an Oral Offer to a Potential Worker
425 - Tefillin Prepared by Children under Bar Mitzva
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Another relevant matter is Reuven’s high fee. If a po’el (roughly, one who is paid by time) overcharges, the homeowner cannot void his obligation due to mispricing, as a po’el is analogous to a slave, to whom the laws of ona’ah do not apply (Shulchan Aruch, CM 227:33). The Shulchan Aruch (ibid. 36) rules that ona’ah applies to a kablan (one who is paid by the job), like Reuven. On the other hand, not all agree (see Maggid Mishneh, Mechira 13:15), and according to some, ona’ah does not apply to work done on something connected to the ground (see Pitchei Teshuva, CM 227:26).
On the other hand, the question whether ona’ah applies or not may be irrelevant here. Regarding the case of mechusar amana, the Rama (CM 204:11) cites two opinions as to whether one may back out if the transaction is no longer worthwhile because of a price change. The final p’sak is unclear (Shach ad loc. 8). The S’ma (333:1) reasons that the same opinions would apply to a worker’s possible tar’omet. The Aruch Hashulchan (ad loc. 1) says that an employer may back out if he found out the worker is unqualified without the moral stain of tar’omet. Similarly, if one found out the work was significantly overpriced, this should be grounds to remove the tar’omet even if the formal rules of ona’ah do not apply.
This being said, it is hard to trust one partial opinion, like that of Shimon, to conclude that Reuven is objectively, grossly overcharging. Perhaps Shimon needs the job badly and is offering a large discount. Maybe Reuven’s work (regarding what he has planned, how he performs it, or materials) is on a different level than Shimon’s.
In summary, it is likely that you are not morally bound to employ Reuven, and in a case of doubt on a moral, not legal obligation, there is room for leniency (see Chashukei Chemed, Sanhedrin 67a). On the other hand, you might consider the lack of clarity, both about the halacha and the story, and you do not know what points Reuven might raise. Therefore, it would be noble to discuss the matter openly with Reuven. Feel free to contact us again with your findings.
Rabbis in Midrash
Lessons
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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.
