“Why is beginning the work considered a kinyan?” asked Mr. Fixler.
“The Ritva (Kiddushin 47b) writes that it is a takanas chachamim,” replied Rabbi Dayan. “Rav Y.E. Spektor [Nachal Yitzchak, C.M. 39:17] further suggests that the worker’s shibud – lien – on the employer’s property for payment binds the worker to the job; alternatively, that it is based on kinyan chazakah.” (See Pischei Choshen, Sechirus 7:3(9); 11:6)
However, other Rishonim indicate that kablan can retract, but must suffer the monetary consequences,” continued Rabbi Dayan. “Rav Y.E. Spektor concludes that this appears to be the opinion of the Shulchan Aruch, who only mentions that “he has the lower hand.” Aruch Hashulchan also understands that “unable to retract” is meant metaphorically, that he must bear the consequences. (C.M. 333:11).
“Thus,” concluded Rabbi Dayan, “it is questionable to retract, unless the employer can find a qualified replacement, and you must certainly bear any monetary consequences.”
