"Davar Ha'aved"

* * *

Signs were plastered on every street in the neighborhood: "Chol Hamoed Pesach Event 5770! Featuring the nationally acclaimed singer, Zayde Zemer!"

 

Mr. Segal, director of the local Jewish Community Council, had invested countless hours in making this Pesach event a reality. He had coordinated all of the necessary arrangements: performers, publicity, sponsors, logistics, food concierges, and ticket sales. He was particularly pleased that he was able to book Zayde Zemer.

 

A week before Yom Tov, Zayde Zemer called Mr. Segal, "I'm sorry, but I would like to cancel my performance."

 

Mr. Segal was shocked, and asked, "Is everything OK?"

 

"Yes," explained Zayde. "Things are actually great! The whole family decided to spend Pesach together with my son in California, and he was able to arrange for me to participate in a concert there."

 

"But you committed to us two months ago," protested Mr. Segal.

 

"I know," responded Zayde, "but I've never had the chance to spend Pesach with the family in the West Coast. They're also offering me there twice as much as you offered."

 

"But you can't do this to us," argued Mr. Segal. "We publicized the program a month ago. Your performance is the major attraction, and we've sold a full house of tickets."

 

"I really feel bad," apologized Zayde, "but it's just not worth it for me anymore. Try to get somebody else. I know the crowd is looking forward to hearing me, but as long as you can get someone else good they will probably be satisfied."

 

"How do you expect me to get somebody else good at this late date?" exploded Mr. Segal. "A week before Yom Tov, and only one full day of Chol Hamoed this year. Everyone's been booked weeks ago!"

 

"Make some phone calls," said Zayde, "If you can't find anyone else, we'll talk again."

 

Two days later, Mr. Segal called Zayde back, "I tried ten other performers. None were available, and they almost laughed at me for even asking. We need you!"

 

"I really would like to be out west," answered Zayde. "Not to mention that they offered me twice times as much."

 

"Yes, but you already agreed to our price," countered Mr. Segal.

 

"I'll tell you what," offered Zayde. "I'll stay on condition that you add 50% to our initial agreement; half on me, half on you."

 

Mr. Segal took a deep breath and said, "We already agreed on a price, and what you're doing is not fair at all. But at this point I can't cancel the show and I can't get anyone else. I have a choice but to agree." In his mind, he thought, though: "I'm going to check with Rabbi

 

Tzedek if I really have to pay this."

 

"Fine. Then I'll see you on Chol Hamoed," said Zayde.

 

Needless to say, Zayde Zemer's performance was a tremendous hit, and the crowd called him back for three encores. After the event, he went to pick up his check from Mr. Segal.

 

"Before I write the check," said Mr. Segal, "I'd like to review the issue with Rabbi Tzedek. Pick up the other phone, so that there's no misunderstanding."

 

Mr. Segal told the whole story to Rabbi Tzedek and expressed his feelings that it was unjust to pay extra.

 

Rabbi Tzedek answered: "You are right! You only need to pay what you initially agreed!"

 

Zayde Zemer was taken aback, and could asked: "But why? He already agreed to pay an extra 50%."

* * *

Rabbi Tzedek explained: "When G-d took the Jewish People out of Egypt, he declared that they are servants only to him, and cannot be placed in permanent servitude to others. Therefore, an employee often has the right to express his freedom and terminate his service even in the middle of a job. In general, spending Pesach with the family would be an acceptable reason to back out, but not working for a more lucrative engagement." (C.M. 333:3-4)

 

"However, in situations of davar ha'aved, where work must be done timely and backing out now would cause the employer a significant loss, the employee cannot back out. If he does, the employer is allowed to 'trick' him into doing the work by promising a higher wage, without paying it. (333:5) Backing out of the performance at this point would cause a great loss to the event, and there was no possibility of procuring other performers. Therefore, Zayde Zemer was not allowed to back out, and Mr. Segal only owes the amount of the initial contract, even though he later agreed to more."