Bilaam was hired for a hefty price to curse Israel, but Hashem turned his curses into blessings. Did the exasperated Balak owe Bilaam payment for his failed services?
* * *
"Hi, Benjy!" It was Yehuda, his best friend. "How about boating in Island Park tomorrow?"
"Sure," answered Benjy.
"Pack lunch and a change of clothes; I'll bring the nosh and some balls," said Yehuda.
Benjy met Yehuda the next morning, and they drove to the park. "I have a good camera that is waterproof" said Benjy. "We'll be able to take pictures on the water."
After some ball-playing and lunch, they headed to the water and rented kayaks. They put on life vests, tucked their bags into the boats, and set out.
"I'll race you to that buoy over there and back," said Benjy.
"With pleasure," laughed Yehuda. "One, two three. Go!" The kayaks surged forward, rolling in the waves.
They reached the buoy together. "Let's go, sharp turn!" shouted Yehuda. As they leaned over to make the turn, a strong wave rolled across...
"Splash!" The kayaks capsized, tossing the two of them into the water.
After a few attempts, Yehuda managed to right his kayak and mount it. He came to help Benjy, but he said, "You'd better get the bags before they sink. I can wait a few more minutes."
The bags had floated off in opposite directions and were already filling with water. Yehuda paddled away to pick up his bag.
"My camera!" Benjy suddenly cried out. "You've got to rescue my bag first!"
"My bag looks like it's about to sink," Yehuda called back. "If I get yours, mine might sink by the time I get to it!"
"I can't afford to lose that camera," yelled Benjy. "It cost almost $400! Please go get it."
Yehuda thought quickly. In his bag were a change of clothing, an MP3 player and some balls, worth about $100 altogether. "If you'll pay $100 to cover my bag, I'll go rescue yours."
"Deal!" said Benjy.
Yehuda set off after Benjy's bag, with strong, swift strokes. He was within ten feet when the final air seeped out and the bag sank. Yehuda dove in after it, but to no avail. The bag was gone.
Yehuda returned defeated. Meanwhile, his own bag was also gone. He helped Benjy right his kayak, and they set back to shore.
Two weeks later, Benjy showed Yehuda another camera. "It's much simpler, but I couldn't afford to buy another expensive one," he said.
"I'm sure it takes pictures just fine," Yehuda said encouragingly. "By the way, what about the $100 you promised me?"
Benjy startled. "Why should I pay? You didn't save my bag."
"So what," responded Yehuda. "You knew that I might not be able to rescue it, and I gave up mine trying to save yours."
"I agreed to compensate you if you would save mine, but you didn't help me," argued Benjy. "I lost $400, and now you want me to pay another $100?!"
"Let's ask Rabbi Tzedek!" they both agreed.
Rabbi Tzedek ruled: "Benjy has to pay a reasonable fee for trying to rescue the bag, let's say $20. However, Yehuda cannot demand the $100, since he did not stipulate that Benjy should pay even if he fails to rescue the bag."
* * *
Rabbi Tzedek explained: "A worker is entitled to payment if he fulfilled his duties responsibly, even if the employer did not ultimately benefit from his service. For example, a person who is hired to represent a client or run an election campaign is entitled to pay even if the client loses." (Chavas Yair #154)
On the other hand, a person who was contracted to accomplish a certain goal is not entitled to payment unless he accomplishes it. (ibid.) If a serviceman is contracted to fix something and is unable to, he is not entitled to payment, unless he stated that he charges for labor or that is the common practice. Because of this, most servicemen now stipulate that the initial charge is for the visit itself.
In our case, we assume that Benjy agreed to pay the excessive amount only if Yehuda would succeed in rescuing the bag, whereas for the attempt he is willing to pay only a reasonable fee. (C.M. 264:4 and Nesivos 264:3) If Yehuda wanted to secure the $100 payment regardless of the outcome, he had to stipulate this explicitly." (SM"A 264:11)
* * *
This analysis explains, perhaps, why Bilaam constantly stressed that he could only speak what G-d put into his mouth. It may not have been motivated by submission to the Divine will, but rather by the greedy desire for payment even if he would fail in his mission. He therefore stipulated that he was coming on condition that he would speak whatever G-d put in his mouth! (See Panim Yafos Bamidbar 22:12 s.v. vayomer.)