[Avodah] Halachic who is right from "The Lost Scotch"

[Yaakov Moser]

1) I would be interested to see the discussion in the book, but it 
appears to me that the matter here is less than clear. The following 
paragraph in the Shulchan Aruch deals, inter alia, with a case where the 
Baal HaBayit hires a worker to water the field and a river came and did 
the job - and the Baal HaBayit has to pay. I started to read up to find 
the difference, but ran out of time. I did see that some Posekim suggest 
that if the Poel started to work then that is the difference - and 
arguably that is the case here where Davidi put in time and effort to 
begin preparing.
There is a question of how much he needs to be paid - but we are already 
in a different place from the answer given.

2) I feel that there is no question that whatever the Psak, he should be 
piad Lifnim MeShurat HaDin. He was there, ready to sing - but he was 
unwanted. This is arguably similar to a case where the Baal HaBayit 
changed his mind...

Jason Moser


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.aishdas.org/pipermail/avodah-aishdas.org/attachments/20070319/dcb3eb28/attachment-0002.htm>