הרב דוד אוחיון - ברכת אברהם משיב כהלכה
Country: ישראל

on:  I an a professional musician. I was hired last November for a concert on April 1. On March 30, the band leader called saying he had COVID and had to cancel. When he offered to pay me ‘something,’ at first I declined. But the next day I asked if his offer was still good. He sent me some money, but I haven’t opened the envelope yet.l: I feel guilty all of a sudden. In the eyes of the Sages, is it wrong to ask for pay under these circumstances?

:   Well done for your sensitivity not to accept money that is not clean, According to Halacha, you are entitled to receive a partial salary in these circumstances, to the extent that this comes in agreement with the band manager. Although you do not have the right to sue, since the manager is considered an ‘anus’ and had no way of informing you of the cancellation of the performance first, but on the other hand since he closed with you on the performance and you did everything necessary on your part to perform, and it is possible that the performance could have taken place in any ensemble without him or with him in certain ways, so according to Halacha the right thing to do in such a case, is to compromise and get along with you for an agreed partial payment. Therefore, you are perfectly permitted to take a partial salary that you have agreed to between you in a good and thoughtful spirit, and with the help of the Creator you will see a blessing in all your handiwork.   Sources and reasoning

 

Question:

 I an a professional musician. I was hired last November for a concert on April 1. On March 30, the band leader called saying he had COVID and had to cancel. When he offered to pay me ‘something,’ at first I declined. But the next day I asked if his offer was still good. He sent me some money, but I haven’t opened the envelope yet.l: I feel guilty all of a sudden. In the eyes of the Sages, is it wrong to ask for pay under these circumstances?

Answer:

 

Well done for your sensitivity not to accept money that is not clean,

According to Halacha, you are entitled to receive a partial salary in these circumstances, to the extent that this comes in agreement with the band manager.

Although you do not have the right to sue, since the manager is considered an ‘anus’ and had no way of informing you of the cancellation of the performance first, but on the other hand since he closed with you on the performance and you did everything necessary on your part to perform, and it is possible that the performance could have taken place in any ensemble without him or with him in certain ways, so according to Halacha the right thing to do in such a case, is to compromise and get along with you for an agreed partial payment.

Therefore, you are perfectly permitted to take a partial salary that you have agreed to between you in a good and thoughtful spirit, and with the help of the Creator you will see a blessing in all your handiwork.

 

Sources and reasoning

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