Congregation Toras Yisrael decided to hold a learning program on Sunday, Chol Hamoed Sukkos. Shortly before Rosh Hashana, the gabbai in charge of the program discussed possible guest speakers with the shul rabbi, Rabbi Brick.

“See if you can get Rabbi Stein,” suggested Rabbi Brick. “He’s a very powerful speaker; the crowd will enjoy him.”

The gabbai contacted Rabbi Stein. “I’m calling on behalf of Congragation Toras Yisrael,” he said. “We’re planning a learning program on Chol Hamoed Sukkos and would like to know if you’re available.”

“I’m not sure yet,” said Rabbi Stein. “There’s a good chance we’ll be away. I’ll let you know in a week.”

“Were you able to get Rabbi Stein?” Rabbi Brick asked the gabbai the next week.

“I contacted him,” said the gabbai, “but he said there’s a good chance he’ll be away. He’s supposed to call back in a few days to finalize.”

“Okay,” said Rabbi Brick. “Meanwhile, I’ll try contacting someone else.”

Rabbi Brick called Rabbi Maggid, who was also known to be an inspirational speaker.

“I would be happy to come,” said Rabbi Maggid. “When is the shiur?”

“Sunday Chol Hamoed, 11:00 a.m.,” answered Rabbi Brick. “We offer an honorarium of $200.”

At the end of the week, Rabbi Stein notified the gabbai that he was available to speak.

“Wonderful! We’re looking forward to hearing you,” said the gabbai. “The shiur is on Sunday at 11:00 a.m. We are offering a $200 honorarium for the shiur.”

However, with all the pre-Sukkos rush, the gabbai and Rabbi Brick forgot to inform each other about their respective arrangements!

On Sunday morning at 10:45, Rabbi Maggid arrived at the shul. Rabbi Brick greeted him. Five minutes later, Rabbi Stein arrived.

Rabbi Brick looked at him, surprised. “I thought you were going to be away,” he said to Rabbi Stein. “Meanwhile, we arranged with another speaker and are running late already. We’ll have to reschedule for another opportunity.”

“It’s unfortunate that the gabbai wasn’t in communication with you,” said Rabbi Stein. “I was asked to speak elsewhere, but had to decline.”

“We budgeted only $200 for the guest speaker,” the gabbai whispered to Rabbi Brick. “What should we do about the money? Split it? Pay double? Give to Rabbi Maggid who was arranged first?”

“Good question,” said Rabbi Brick. “Rabbi Dayan is sitting here; let’s ask him.”

He quickly explained the awkward situation to Rabbi Dayan and asked: “How do we handle the payment?”

“Both you and the gabbai were authorized on behalf of the shul to procure a speaker and arrange payment of an honorarium,” answered Rabbi Dayan. “Therefore, the shul is responsible to both speakers, since they already prepared and Rabbi Stein lost an opportunity elsewhere (C.M. 333:1-2).”

“But only one speaker was needed,” objected the gabbai. “Once Rabbi Brick arranged with Rabbi Maggid, there was no need for me to hire Rabbi Stein.”

“This is similar to a person who asked an agent to hire a worker,” explained Rabbi Dayan. “Even if the agent tarried at first, so that the person went ahead and hired someone else, if he didn’t notify the agent and cancel his booking, the person is responsible to both workers as if he hired them both (Pischei Choshen, Sechirus 10:[14]; Pikadon 11:7).”

“But since Rabbi Stein did not give the shiur, shouldn’t there be some reduction in his honorarium on account of that?” asked Rabbi Brick. “Isn’t there a concept of po’el batel? A worker is often willing to accept a reduction in salary not to have to work as long or hard (C.M. 333:2).”

“There often is, if the worker enjoys having a break from the work,” replied Rabbi Dayan. “However, a person who gives shiurim enjoys doing so and considers it a privilege; he does not necessarily relish the ‘vacation.’ Therefore, you must pay the full amount to each (Rema C.M. 334:4).”