“We need renovations on our summer home,” Mr. Zummer said to his wife. “I’d like to take care of it now, before the summer begins.”
“Good idea,” replied Mrs. Zummer. “Post an ad in the paper and see if anyone replies.”
Mr. Zummer posted an ad and received a few replies. After some inquiries and verifying recommendations, he chose Mr. Fixler for the job. They agreed on the work needed and the total price for the job.
“I have a number of other jobs waiting for me, with pressing winter issues,” said Mr. Fixler. “Is there any rush on this?”
“No; you can do it at your leisure,” said Mr. Zummer. “We don’t need the house till the summer.”
“I should be able to get to it in about a month,” said Mr. Fixler. “I’m working on a big project now.”
“That’s fine,” said Mr. Zummer. “I received good recommendations about your work.
About a month later, Mr. Fixler called. “Baruch Hashem, I hope to begin on your house next week,” he said.
“Glad to hear,” said Mr. Zummer. “Keep me posted with the progress.”
The following week, Mr. Fixler began working. A few days into the job, he received an offer to do a very lucrative, long-term project.
“I just started something,” Mr. Fixler said, “but should be available in a few weeks.”
“No, we need to have the project started already next week,” the people replied. “If you’re not available, we’ll have to get someone else.”
“Let me check,” Mr. Fixler replied. He called Mr. Zummer.
“I started working but just received an offer for a long-term job that I must start immediately,” he said. “I’d like to stop your job and let someone else finish. I’ll make an accounting of the work I did.”
“That’s not fair,” said Mr. Zummer. “I waited a long time for this, and I don’t want to have to get involved with someone else.”
“What’s the problem?” asked Mr. Fixler. “There’s still plenty of time until the summer.”
“But we agreed,” said Mr. Zummer. “You need to finish the job!”
“I can recommend someone else,” said Mr. Fixler. “I know he does high-quality work.”
“I don’t accept this,” said Mr. Zummer. “I want you to finish! You’re not allowed to just stop in the middle!”
“I’d like to check this out with Rabbi Dayan,” said Mr. Fixler.
Later that day, Mr. Fixler explained the situation to Rabbi Dayan: “I accepted a job with Mr. Zummer, but just received a long-term offer,” Mr. Fixler explained to Rabbi Dayan. “I’m willing to take a cut in the work that I did and let someone else finish the job, but Mr. Zummer very much wants me to finish. Am I bound to him?”
“The Gemara [B.M. 77a-b] teaches that a salaried, time-based employee, a po’el, is allowed to quit his job if it will not cause the employer a sudden loss,” answered Rabbi Dayan. “It says, ‘Ki li Bnei Yisrael avadim – Am Yisrael are My slaves’ and should not be bound by an irrevocable contract with another. The employee is entitled to full pay for whatever work he did. However, a flat-fee worker contracted for the job, a kablan, who is not time bound, is not included in this.” (C.M. 333:3-4)
“Does this mean that I am not able to quit at all?” asked Mr. Fixler. “I am willing to forgo some of the pay.”
“This question appears to be an issue of dispute,” replied Rabbi Dayan. “The Rivash, Rosh, and Tur [333:2] indicate that the kablan is not allowed to retract; the beginning of work is like a kinyan, an act of transaction. Although the Tur continues, “if he did, he has the lower hand,” this means that if the employer was unable to force him to finish the job, or he was able to find other workers to complete the job but at a greater cost, the kablan must bear the monetary consequences.” (See Machaneh Ephraim, Sechirus Po’alim 4-5)
