Q: I hired someone to paint four rooms. He gave me a bill for $1,200, but I remember the agreed-upon price as being $1,000. What do we do?

A: To avoid disagreements of this sort, it is advisable to get a written quote. In this case, however, there is no evidence to resolve the dispute. Since the painter claims $1,200 and the homeowner admits that he owes $1,000, the homeowner is modeh b’miktzat (he admits partially to the claim). The homeowner must pay $1,000 and take a severe oath in court that he does not owe the remaining $200 (SM”A 89:17). However, most batei din refrain from imposing oaths nowadays and encourage reaching a compromise instead. If the homeowner does not recall if he agreed to $1,000 or $1,200, he must pay $1,200. This is because he is unable to take the severe oath in which he is obligated (C.M. 75:13). However, if the homeowner already paid $1,000 or is prepared to pay immediately, the nature of the oath is subject to a dispute beyond the scope of this column (see C.M. 89:4 and Shach 89:10).

Furthermore, in this case, if the homeowner does not remember, he cannot be made to pay the extra $200 - but it is meritorious for him to do so (C.M. 75:9 and Shach 88:36).