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

[Chana Luntz]

RMK writes, responding to RMS:

 As for as 
> Midas Chasidus is concerned (which I think you mistakenly 
> called Darchei Shalom), I could certainly understand a svara 
> that he should compensate for his time.

As I mentioned in an earlier post, I suspect the concept you are both
reaching for is lifin meshuras hadin.

Regarding its applicability vis a vis workers, a relevant story is that
found in Baba Metzia 83a regarding Rabba bar bar Chana, who had a barrel
of wine broken by some porters he had hired, it would seem negligently.
He took their cloaks in recompense, and they went to Rav, who told him
to give them back their cloaks.  He said, "is that the din?", Rav said
yes, "leman telech b'derech tovim" (Mishlei 2:20) which Rashi explains
as a reference to lifnin meshuras hadin.  The porters then said to Rav -
we are poor, and we have worked all day, and we are hungry and have
nothing so Rav said to Rabba Bar bar Channa, pay them their wages.  He
asked back, is this the din? And Rav responded Yes "v'arucha tadikim
tishmor".

As mentioned in my previous post, the Rema (Choshen Mishpat siman 12
si'if 2) brings down a machlokus as to whether a dayan is allowed to
force a litigant to go lifnin meshuras hadin (ie was Rav rendering a
halachic judgement as a dayan judging between two parties and compelling
Rabba bar bar Chana to obey, or just advising him that this was what he
ought to do).  But in this day and age of very limited enforcement
powers for dayim, the question is probably reasonably immaterial. What
it is important to understand is that the obligations would appear to go
beyond the way we generally understand the concept of midas chassidus.
On the other hand, one does need to understand the basic halacha that,
as a general principle, a porter is required to pay for damage caused
due to his negligence to even get within the question of lifnin meshuras
hadin, something that I do not believe is well established in the case
under discussion ie regarding the wedding singer.

Shabbat Shalom

Chana