Inspired by the High Holidays, Benny decided to work on weekends as a counselor for handicapped and disabled children. He applied to Special Neshamos run by Mr. Hauser.
After an initial interview, he was called back. “We will likely have a position for you,” Mr. Hauser said. “We need you to fill out additional forms before confirmation. Also, do you have CPR certification?”
“No,” replied Benny. “Do I need it?”
“We require all our staff to have First Aid/CPR/AED certification,” answered Mr. Hauser. “We arrange courses with the Red Cross for our prospective staff.”
“I assume you cover the cost?” asked Benny.
“No, each person pays out of pocket directly to the Red Cross,” replied Mr. Hauser. “The course costs $100. We have one in a week, if you’d like.”
Benny registered for the course and received certification.
Two weeks later, Mr. Hauser called Benny. “We had a very large number of excellent applicants,” he said. “We are not able to accommodate them all. We appreciate your qualifications and willingness to work, but, unfortunately, we cannot offer you a position.”
Benny was very disappointed. “I was looking forward to working with the children,” he said. “You also made me spend $100 for a CPR course. At least you should compensate me for the cost of the course.”
“We never promised you a position,” replied Mr. Hauser. “Also, you gained knowledge from the course.”
“But I would not have taken the course had you not told me I needed it,” argued Benny.
Benny called Rabbi Dayan. “Does Special Neshamos have to compensate me $100 for the course?” he asked.
“When you incur expenses based on an arrangement with another, you are sometimes entitled to compensation if he does not follow through,” replied Rabbi Dayan. “For example, if two people arranged a court date in a distant city and one did not appear, he is liable for the futile travel expenses of his opponent. According to many authorities, his deed is considered garmi, directly caused damage” [Rema, Choshen Mishpat 14:5]
“Chavos Yair [#168] extrapolates from this case that a chassan is liable for the wedding expenses if both he and his bride live far away and the chassan did not arrive at the appointed time,” continued Rabbi Dayan. “He is only exempt if there was reasonable cause for his delay or absence.” [Pischei Teshuvah, Choshen Mishpat, 14:15]
“Would this din apply in our case?” asked Benny.
“No, Special Neshamos is exempt for a few reasons,” answered Rabbi Dayan. “First, CPR training is valuable to everyone. Many people take CPR courses for their own edification. At any point you may be able to save a life!
“Thus, even had the organization misled you intentionally and instructed you to take the course unnecessarily, it would only be liable to compensate you partially. The amount the average person would spend for this knowledge is not a loss and would be deducted.” [See Sma 333:30]
“Moreover, Mr. Hauser never promised you a position or demanded that you take the course when you took it,” concluded Rabbi Dayan. “You should have considered the possibility that you might not be accepted; you could have waited to take the course.
“Additionally, perhaps the organization sincerely sincere intended to hire you, but due to the large number of candidates, it couldn’t. That is considered reasonable cause, and, therefore, it is exempt.”