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“Then why should Mr. Wolf have to pay me for my work?” asked Mr. Braun.

“The Gemara [B.M. 77a-b] teaches that if the worker had to stop because he became sick or a close relative passed away, he is not penalized,” replied Rabbi Dayan. “He is entitled to full payment for the work he did.”

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“I would understand if I became sick and could not finish,” said Mr. Braun. “But here it was my choice to stop the work and go take care of my mother.”

Terumas Hadashen [#329] rules, based on the Gemara [Nedarim 27a] that if a person’s child becomes sick that is also considered an oness (uncontrollable circumstance),” replied Rabbi Dayan, “since he has to be with him. Terumas Hadeshen adds, all the more so one’s wife, who is like him and for whom one is responsible.

“What about a parent?” asked Mr. Wolf.

“The Rivash [#127] extends this halacha to a father, since a child is required to serve him in his illness,” replied Rabbi Dayan. “Presumably, the same is true for a mother. Thus, since Mr. Braun needed to interrupt his work in order to tend to his ill mother, he is not penalized and is entitled to the full value of what he did.” (See Pischei Choshen, Sechirus 11:18[43])


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Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to [email protected]. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail [email protected].