Responsa for Bava Metzia 153:3
ואמר רבא האי מאן דאוגיר אגורי לדוולא ופסק נהרא בפלגא דיומא אי לא עביד דפסיק פסידא דפועלים עביד דפסיק אי בני מתא פסידא דפועלים לאו בני מתא פסידא דבעל הבית
But if the river overflowed,<span class="x" onmousemove="('comment',' Lit., 'came'. ');"><sup>3</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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