He committed in advance to pay for a repair that was not done – what is the law?
Question
Shalom,
A person agreed with his friend that he would come to look at a certain malfunction and do a repair for him, and that he would pay him even if it would not be possible to do the repair. In the end, it was not possible to do it immediately, and when it became possible the friend repaired it himself. Is he obligated to pay him? And if so, is the amount reduced as for a “po’el batel” (an idle worker)?
Answer
Shalom u’vracha,
He must pay, and deduct the amount as for a po’el batel.
Source
Siman 333, se’if 1. And likewise, any stipulation concerning monetary matters is valid (Siman 227, se’if 21; 176, se’if 5, and others). Nevertheless, since he benefited by not having to actually work, one must deduct an amount equivalent to what it would have been worth to him to lower the price in order not to work.
