(Mishnah): If one hired workers and they deceived each other, all they can do now is complain.

If one hired a donkey driver or a potter to bring him wood to make a bridal canopy or flutes to play for a bride or to lament the dead; or he hired workers to bring out his flax from the soaking vat, or any other situation that involves potential loss; if the workers backed out, if he cannot find other workers, he can hire workers at any price and the original workers must pay the difference.

(Gemara) - question: Who deceived who and how?

Answer: (There are cases both ways. The following is a case where the employer deceived the workers.) The employer asked them to come and work for him (in the same way as other workers). They asked him, "How much did they work for?'' He answered that most worked for 5 dinars per day. (If they agreed to work for this price, then) even if they discover that most workers work for 10 dinars per day, (he must pay them only 5 dinars and all they can do now is complain). (Note: This entry follows the understanding of several of the Rishonim - the Meiri, the Rashba and the Ritva.)

Another case of the employer deceiving the workers - He asked them to come and work for him (in the same way as other workers). They asked him, "How much did they work for?'' He answered that they received a certain sum for 10 days of work. (If they agreed to work for this price, then) even if they discover that those original workers had in fact received that sum for 5 days of work, (the employer can pay that sum for 10 days of work since the workers had agreed to the price and all they can do now is complain).

How could the workers deceive the employer? If an employer said to some workers, "Come and work for me'' and he then asked the workers, "How much do workers usually make?'' If the workers replied that most make 10 dinars, even though the employer later discovered that most make 5 dinars, (he must pay the workers 10 dinars and all he can do is complain).

Another case of the workers deceiving the employer - If an employer asked some workers to come and work for him (in the same way as other workers). He asked them, "How much do workers usually make?'' If the workers replied that they usually receive a certain sum for 5 days of work, even though the employer later discovered that they usually work for 10 days for that price, (he must pay them that sum for 5 days of work and all he can do is complain).

(There is a Beraisa with a similar wording to our Mishnah, but the word 'they deceived' means 'they backed out'. There can be no legal claim against this as the workers can just tell the employer to find other workers or the employer can tell the workers to go and find other work. The Beraisa continues...) When is this the case (that if the employer backed out, there can be no claim against him)? When the donkey drivers had not left (to go and begin the work), but if they had and they did not find any produce there or if he had hired workers to weed and when they arrived they found that the field was waterlogged and unworkable - he must pay them for their going and returning.

(How is this evaluated? According to how much a person whose occupation is to carry loads, would be willing to accept to go and come without a load, bearing in mind that) one cannot compare one who comes loaded up to one who comes empty-handed; nor can one compare one who works to one who sits idle; nor can one compare one who sits in the shade to one who sits in the sun.

R. Chiya the Great hired donkey drivers to bring him flax. They went and discovered that the flax was still soaking (and could not be brought).

R. Chiya to Rav (his nephew): Go and pay them their full wages and tell them, "I do not actually owe you your full wages as I only need to pay you for sitting idle. However, I wish to go beyond the letter of the law; as the Beraisa continues to teach, '(if the workers backed out, the employer only has complaints) as long as they had not begun the work, but if he received his field to harvest for 2 selah and had only harvested half of it, or he accepted a garment to weave and had only woven half of it, we evaluate the work that he had done and pay him accordingly.

How do we evaluate the work? If his work was worth six dinars (and the cost of hiring workers went up, so the worker backed out in order to look for better paid employment, rather than finish off the work here for the original price, the employer will now need to hire a worker to finish off the work at a higher price. Therefore,) the employer can deduct from the first worker's pay (in order to pay the higher price to the second worker). Alternatively, the first worker must finish the work. If the original work was worth only a selah (4 dinars), he must pay the first worker a selah.

R. Dosa: We (do not evaluate the work done, rather we) evaluate the work that still remains - i.e. how much the employer will need to pay to hire workers for the rest of the work. If it is 3 dinars (instead of 2, so the employer has lost one dinar from the worker backing out), he can pay the worker a shekel (i.e. 1/2 a selah= 2 dinars) or he can complete the work. If he would only need to pay a shekel for the work, he can pay the first worker a shekel.

R. Zeira citing R. Huna/ R. Bina/ R. Yirmiyah citing Rav: The Halachah follows R. Dosa.

When is this the case (that the worker only loses as described)? When there will be no loss (as there are other workers available), but if there will be a loss, the employer may hire workers at any price or he can trick the worker and tell him, "I originally fixed with you a price of a selah (and you are demanding two selah), I will now pay you two selah (as you have demanded. However, when it comes to payment, the employer will only actually pay the worker according to the original price); or he can use all of the wages of the first worker to pay the second one.

R. Ila: However, the employer cannot give the second worker more than the price he fixed with the first worker.

Did Chazal permit him to take all of the wages of the first worker to pay the second one? Rather, he should begin by trying to find an alternative worker to work per hour, (which he can deduct from the pay of the first worker. After that, if he still needs more time), he can find a worker for a day and deduct it from the first worker's pay etc.

When is this true? If he cannot find a worker for the same price as the first worker. However, if he saw donkey drivers coming, or if he saw a boat that docked on the banks of the river, the original worker will tell him, "Go and hire yourself a worker from amongst these people''. In such a case, the employer can only complain since there are alternative workers available (even if they are not his preferred choice).