He went down to his friend’s field and planted
Hello Rabbi
Last week, my neighbor’s boiler broke down.
He called a plumber to replace his water heater with a new one.
The next day it turns out that he replaced my uncle instead of my neighbor.
It should be noted that my boiler was not new, but it functioned perfectly.
Today he demands full payment from me for the boiler.
My question is, am I obligated to?
thanks
Who is demanding? The neighbor? Obviously, you don’t have to pay full price. You can pay the difference in value (according to an expert’s assessment), or tell him to take his uncle and return yours.
The plumber demands it from me.
Anyway, thanks for the reply.
He threw my uncle in the trash.
This is a real joke. It was his mistake, so let him take the uncle and give you yours back.
If he threw it away, that's his problem.
Although if you planned to buy David soon, then it's a Sodomite measure to take advantage of the dry law and not pay him. In that case, I would tell you to pay him the full price. In total, he has a loss from the mistake he made in good faith. But if you didn't plan to buy, you don't have to pay him the full price.
Something similar happened to me where a professional (builds fences that are a concrete frame with stones inside, a not cheap price per meter) fenced one more section than we agreed with him. But this is a section that my wife originally wanted us to fence and I objected to due to budget considerations. According to him, dismantling the fence in the excess section is not worth it to him even if we don't pay him anything.
Now for my part, I would give him a really small price that I would be willing to pay for this additional fence after I already have a large expense on the fence that we both wanted (it is possible that at a later stage, i.e. in a few years, I would order a fence for the other section as well).
But a rabbi I went to (and emphasized to me that “I am not a judge”) said that because my wife did want and wants the fence and in her opinion it is worth the money, then I cannot ignore it. In the end, we reached a compromise with the fencer who will receive the cost of the materials and about half of the difference.
It's kind of like what I wrote.
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