Responsa for Bava Metzia 153:13
מהו דתימא בציר זוזא אמריתו לי בציר זוזא יהבינא לכו קמ"ל דאמרי ליה כי אמרנא לך בבציר זוזא דלא הוה קים לך השתא קים לך
'Or they can complete the work and receive two <i>sela's</i>.' Is this not obvious? — This is necessary only when labour costs advanced, and the workers retracted. Thereupon the employer went and persuaded them [to return]. I might think that they can say to him, 'When we allowed ourselves to be persuaded, it was on the understanding that you would increase our remuneration.' Therefore we are informed that he [the employer] can answer them, 'It was on the understanding that I should take particular pains over your food and drink.'<span class="x" onmousemove="('comment',' But not pay you more. ');"><sup>11</sup></span>
Teshuvot Maharam
Q. B was interrupted in carrying on his duties as tutor to A's son as a result of the son's illness. Is A permitted to deduct from B's wages for the period of the son's illness?
A. The law provides that when a tutor is prevented from carrying on his duties by his own illness, he is entitled to his pay; but if he is so prevented by the pupil's illness, he is not entitled to his pay, unless the pupil is a sickly child. Since a child is usually healthy, the burden lies with the tutor of stipulating at the time of the agreement that he is to receive his pay in the event the child is sick.
This Responsum was addressed to Rabbi Yekutiel.
SOURCES: Cr. 2.
A. The law provides that when a tutor is prevented from carrying on his duties by his own illness, he is entitled to his pay; but if he is so prevented by the pupil's illness, he is not entitled to his pay, unless the pupil is a sickly child. Since a child is usually healthy, the burden lies with the tutor of stipulating at the time of the agreement that he is to receive his pay in the event the child is sick.
This Responsum was addressed to Rabbi Yekutiel.
SOURCES: Cr. 2.
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Teshuvot Maharam
Q. A scribe was hired to copy a complete book. Is such a scribe permitted to resign before he has completed his task?
A. A contractor, a worker hired for the completion of a certain task and not hired by the day or week, is not permitted to resign before his task is completed. A scribe, however, is not permitted to resign even though he was hired for a specific period of time, and was thus not classified as a contractor; for the resignation of a scribe involves a definite loss of money to the person who hired him, as a book copied by two scribes is not uniform in appearance and, thus, commands a low price.
SOURCES: Cr. 247; L. 123; Mord. B. M. 343.
A. A contractor, a worker hired for the completion of a certain task and not hired by the day or week, is not permitted to resign before his task is completed. A scribe, however, is not permitted to resign even though he was hired for a specific period of time, and was thus not classified as a contractor; for the resignation of a scribe involves a definite loss of money to the person who hired him, as a book copied by two scribes is not uniform in appearance and, thus, commands a low price.
SOURCES: Cr. 247; L. 123; Mord. B. M. 343.
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Teshuvot Maharam
Q. B was interrupted in carrying on his duties as tutor to A's son as a result of the son's illness. Must A pay B his full wages?
A. I learned this law from my teacher, R. Samuel b. Solomon, of France: The tutor must be paid in full; for a tutor is in a similar position as the public workers of Mahoza who are reported to become weakened by lack of work (B. M. 77a). However, the following distinction should be made: If A's son was a sickly child, and A failed to warn the tutor about it, the tutor should get his full pay; but if the boy was usually healthy, the tutor should not be paid for the period of his pupil's illness.
SOURCES: Cr. 191; Pr. 137; L. 157; Mord. B. M. 344. Cf. Tesh. Maim. to Kinyan, 31; Agudah B. M. 117.
A. I learned this law from my teacher, R. Samuel b. Solomon, of France: The tutor must be paid in full; for a tutor is in a similar position as the public workers of Mahoza who are reported to become weakened by lack of work (B. M. 77a). However, the following distinction should be made: If A's son was a sickly child, and A failed to warn the tutor about it, the tutor should get his full pay; but if the boy was usually healthy, the tutor should not be paid for the period of his pupil's illness.
SOURCES: Cr. 191; Pr. 137; L. 157; Mord. B. M. 344. Cf. Tesh. Maim. to Kinyan, 31; Agudah B. M. 117.
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