Responsa for Bava Metzia 153:4
ואמר רבא האי מאן דאגר אגורי לעבידתא ושלים עבידתא בפלגא דיומא אי אית ליה עבידתא דניחא מינה יהיב להו א"נ דכותה מפקד להו דקשה מינה לא מפקד להו ונותן להם שכרן משלם
the loss is the employer's,<span class="x" onmousemove="('comment',' Because the worker cannot know that the field is so situated, by means of canals leading thereto, that the river's overflow irrigates it. ');"><sup>4</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. 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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