Searching for a Professional: Whose Responsibility?
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Question
My downstairs neighbor has a leak originating from rainwater. He wants me to find a professional to identify the problem. I want him to bear the effort of finding a professional. There is no dispute about the payment, as it is agreed that it will be according to the identification of the problem. The only dispute is about who is responsible for the effort to find a professional. My neighbor claims that since the leak is likely from me, I should make the effort to find the professional. My claim is that, firstly, there is no certainty that the leak is from me, as people who have some understanding but are not professionals suggested it might be from the building's roof or elsewhere. Secondly, even if it is from me, since it is not my water but only rainwater passing through me, the obligation is on both of us equally, and he is not obligated to make more effort than I am. Whose side does the law favor?
Answer
Hello
The responsibility lies with the upper neighbor to check where the problem is.
Source
According to the instructions of the Gaon, Rabbi Avraham Fried, shlita