Responsa for Bava Metzia 157:9
דאתמר השוכר את החמור ומתה לו בחצי הדרך אמר רב אם יש בדמיה ליקח יקח לשכור אל ישכור ושמואל אמר אף לשכור ישכור
For it has been stated: If a man hires an ass and it perishes midway — Rab said: If its value [sc. of the carcase] is sufficient to buy [another], he must buy one; [if only] to hire, he [who engaged it] may not hire. But Samuel said: Even if only to hire, he may do so. Wherein do they differ? — Rab maintained: The principal may not be destroyed; Samuel maintained: The principal may be destroyed.
Maharach Or Zarua Responsa
Q - A engaged B as a tutor, for a season. B refused to accept the position unless the entire salary would be paid in advance. A thereupon complied with B's request. At the beginning of the season, A died. Is B entitled to the complete salary?
A - B must return the money he received. He is not entitled to receive for the remaining time, even the wages paid an idle worker, since he encountered no loss.
A - B must return the money he received. He is not entitled to receive for the remaining time, even the wages paid an idle worker, since he encountered no loss.
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