By Rabbi Meir Orlian | |||
#58 |
Bechukosai |
20.05.2011 |
שלא |
Q: I brought my car to a mechanic for repairs. He called in the afternoon to say that it was ready. Do I have to pay him that day if I will not pick up the car until morning?
A: When you give an item to a worker for repairs, you may delay payment as long as the item is in his hands. When he returns the item to you, you must pay that day (Choshen Mishpat 339:6). There are a number of explanations for this halacha. Some explain that as long as the car is in the mechanic’s hand, it serves as collateral to ensure payment (SM”A 339:10). Others explain that the job is not considered complete until the item is returned (Aruch Hashulchan 339:8; Ketzos 72:23). A third explanation is that by not returning the car, the mechanic indicates his willingness to wait for payment (Meiri B.M. 112a). If the mechanic explicitly asks you to pick up the car and pay that day, there is a dispute whether you can delay payment if you do not pick it up. The Chafetz Chaim maintains that you do not violate by waiting, whereas Aruch Hashulchan is of the opinion that you do violate. Everyone agrees that there is an obligation not to delay payment without reasonable cause (see Pischei Teshuva 339:2; Ahavas Chesed 10(2) and Biur Halacha O.C. 242 s.v. l’chabed; Aruch Hashulchan 339:8; C.M. 339:8).