THE BAIS HAVAAD'S PARSHA PERSPECTIVES Parshas Balak: Did Bilaam Deserve to Get Paid? By: Rabbi Tzvi Price

DID BILAAM DESERVE TO GET PAID? What would you say in the following case? What is the Bais HaVaad? Sponsor an Issue of the PARSHA PERSPECTIVES A developer buys a tract of land near a mountain ridge. His plan is to build luxury summer homes on the site. He calls a construction company to come down to give an estimate on the cost to excavate the site for twelve houses. The owner of the company and his chief engineer come out to look at the site and the engineer realizes very quickly that he might not be able to do the job with the company’s equipment because that particular area around the mountain ridge is known to contain huge underground boulders. “We hit one of those and we’re out of luck,” says the engineer. “My equipment can’t handle a boulder that’s more than ten feet in diameter. After that, you’re going to have to call in a whole different kind of excavator who has much bigger equipment.” “What are the chances of that happening?” asks the developer. “Oh, about 50/50,” answers the engineer. “What do you think? Should we try it?” the developer asks, turning to the construction company owner. “It’s up to you,” replies the owner of the company, “but you should just realize that if we hit one of those boulders, there is nothing I’m going to be able to do for you, no matter how much you pay me. We just don’t have the equipment.” The developer takes a moment to think about it, and then says, “Gentleman, let’s go for it.” “Okay, you got it,” the owner of the construction company says as he shakes the developer’s hand. “I’ll have my guys down here on Monday.” On Monday morning, the excavation crew arrives at the site as promised and begins to dig. Within an hour they hit a massive boulder that is fifteen feet across. They pack up their equipment, load the hydraulic excavator onto its flatbed, and leave. The construction company owner bills the developer $25,000 for the job saying that he turned away other jobs to reserve the crew for what should have been a two week job. He’s just covering his costs, he claims. The developer only agrees to pay $1000 for the one day that the crew actually worked, arguing that the owner of the company knew the risks involved and accepted them. The owner of the company replies to the developer’s argument by saying, “Why do you think I told you that I might not be able to do the job if we hit a boulder? I meant that if it happens, you’ll have to pay me for the whole job.” The developer answers, “Well, I thought you just wanted me to be aware that such a thing might happen so I shouldn’t be upset at you if it does. In my mind, you were just suggesting to me that maybe I should hire a bigger company right off the bat, instead of risking delaying the project by going with you.” Who is right according to Halacha? … And what could this possibly have to do with Parshas Balak?