"Annie, the basement has to be cleaned because we're having guests for Shabbos," Rivki Rosen instructed her cleaning lady. It was only Monday, but Annie worked for other families the rest of the week.

"Shmuel, it would be really helpful if Annie could come twice a week," Mrs. Rosen said to her husband that night. "She spends the whole time cleaning and has no time to do the laundry. What she does clean is dirty again by Shabbos, so I have to clean again myself.

“Annie cleans a different house each day. Wouldn't she prefer to have one house twice a week?"

"I’m sure she would. Why don’t you ask her?" Mr. Rosen suggested. "If we offered her more money, she would probably agree to drop her current Thursday job.

"Also," he added, "remember that we need to hire a tutor right after the summer. Aharon needs help with Gemara before he enters seventh grade."

"Did his rebbi have any recommendation?" asked Mrs. Rosen.

"Aharon needs someone who will get him excited about learning," said Mr. Rosen. "His rebbi recommended Baruch Stein, because he felt that Aharon would progress best with him. The problem is that he's tutoring someone else this year and doesn't have time for another boy. Baruch told me that they expect him to continue next year as well."

"We can try paying Baruch more," suggested Mrs. Rosen. "If we offer him an extra $10 an hour, maybe he’d agree to tutor Aharon instead."

"You're probably right," said Shmuel. "I'll give him a call now."

He picked up the phone. "Hello, Baruch? This is Shmuel Rosen."

"Oh, hi," said Baruch. "Were you able to find a tutor for Aharon?"

"Actually..." Mr. Rosen hesitated. "I strongly feel that it's really important for Aharon to have you, and we'd be willing to offer an extra $10 an hour."

"I very much appreciate the offer," said Baruch, "but I'm not comfortable about leaving the other people who are expecting me to continue. I assume you've heard of the concept of 'ani hamehapech bacharara'? When someone is scavenging, another may not come and interfere with his efforts."

"Sure," replied Shmuel.

"Please check with Rabbi Dayan whether the concept of ani hamehapech applies here before we make any decisions," said Baruch. "Ask if you can intrude upon an employment agreement and solicit someone else's worker."

"I understand the problem," said Mr. Rosen.

He called Rabbi Dayan. "Hello, this is Shmuel Rosen. We need a Gemara tutor for Aharon next year. The rebbi recommended Baruch Stein, but he is working for another family and doesn't have time for both boys. We are willing to offer Boruch extra, but he questioned whether it would be considered ani hamehapech to solicit him."

"That's a fascinating question!" exclaimed Rabbi Dayan.

"Now that I think about it, we have the same issue with our cleaning lady, Annie," Mr. Rosen added. "We would like her to give us an extra day of work, but she is booked with other people."

"There may be a difference between the two cases," said Rabbi Dayan.

"How's that?" asked Shmuel.

"Tosfos, cited by the Rama (C.M. 237:2), seem to extend the idea of ani hamehapech to seeking employment," explained Rabbi Dayan. "Nonetheless, they permit you to solicit a melamed who is employed elsewhere if you think that your son will learn best with him."

"Why is this?" asked Mr. Rosen.

"Well," answered Rabbi Dayan, "many base this leniency on the opinion of Rabbeinu Tam that ani hamehapech applies only when there is a comparable alternative available (C.M. 237:1). A successful Jewish education is vital, so securing an appropriate teacher is considered something without a comparable alternative (SM"A 237:8; Nesivos 237:2). Others explain, however, that the leniency is because ani hamehapech does not apply to issues of mitzvah like Torah learning (Aruch Hashulchan 237:5)."

"What about Annie?" asked Mr. Rosen.

"You should find another cleaning lady for Thursdays," said Rabbi Dayan. "If there is no alternative available, according to the first explanation there is a possibility of soliciting Annie even though she will have to leave her present post (See Avnei Nezer IV:17).”