On Friday morning, the air conditioner began rattling wildly. Mr. Wolf called his regular air conditioner repair man, Mr. Braun. “Sorry, but I’m already booked solid this morning,” Mr. Braun said.
Mr. Wolf tried a few other repairmen, but none were available.
Mr. Wolf called Mr. Braun back. “I wasn’t able to find anyone,” he said. “It’s supposed to be sizzling over Shabbos and we’re hosting a shiur!”
“I expect to finish about 2:00 p.m.,” Mr. Braun said. “I usually don’t start a new job so late on Friday afternoon, but I’ll come.”
At 2:30 p.m. Mr. Braun arrived. “It needs two to three hours’ work,” he said, “but I should be able to have it working for Shabbos.”
By 4:30 p.m. Mr. Braun had replaced the broken part. “It will take about forty-five minutes to put everything back and check it,” he said.
Just then, Mr. Braun got a call from his wife. “Come right away!” she said. “Your mother was admitted to the hospital and wants you immediately!”
“I’m really sorry, but I’ve got to run,” Mr. Braun said to Mr. Wolf. “My mother was just admitted to the hospital.”
Mr. Wolf desperately searched the Yellow Pages for an emergency A/C repair service. “We can send a repairman over immediately,” one service said. “However, you’ll have to pay the premium weekend rate and an emergency surcharge.”
“Whatever it is, we need it!” said Mr. Wolf.
The repairman came shortly and finished the job. With the premium weekend rate and emergency surcharge, the remaining work cost what the entire job was supposed to have cost!
After Shabbos, Mr. Wolf went to pay Mr. Braun. “I understand that you had to pay a pretty penny to have the job finished,” Mr. Braun said. “I’ll charge you for the part, but not the labor. Why should you pay double?”
“It’s not your fault that you had to leave,” Mr. Wolf said. “You’re entitled to payment for whatever you did.”
“I won’t take payment unless Rabbi Dayan says that you owe me the money,” said Mr. Braun emphatically.
The two men met with Rabbi Dayan. Mr. Wolf related what happened.
“You must pay Mr. Braun for the work he did, even though it cost extra to have the job completed,” ruled Rabbi Dayan.
“Why is that?” asked Mr. Braun.
“A job that is clearly time-bound is referred to as a davar ha’avud,” explained Rabbi Dayan. “In general, a worker may not back out in the middle of such a job unless an equivalent worker is available. If the employer needs to pay extra to procure a replacement, he can deduct this amount from the work done by the first worker, even the entire amount” (C.M. 333:5).
“Nevertheless, the Gemara (B.M. 77a-b) teaches that if the worker had to stop because he became sick or a close relative passed away, he is not penalized,” replied Rabbi Dayan. “He is entitled to full payment for the work he did.”
“It was not I who became sick,” said Mr. Braun. “I chose to stop working to go take care of my mother.”
“Terumas Hadeshen (#329) rules, based on the Gemara (Nedarim 27a), that if a person’s child became sick that is also considered an oness (uncontrollable circumstance),” replied Rabbi Dayan, “since he has to be with him. Terumas Hadeshen adds, “all the more so one’s wife, who is like him and for whom he is responsible.”
“What about a parent?” asked Mr. Wolf.
“The Rivash (#127) extends this halachah also to a father, since a child is required to serve him in his illness,” replied Rabbi Dayan. “Presumably, the same is true for a mother. Thus, Mr. Braun is entitled to full payment for the work he did” (See Pischei Choshen, Sechirus 11:18[43]).