Kavod rav! I have two guestions regarding dealing with seamistress:
1) I’ve sent recently to my seamistress two old skirts for alterations. When talking about the price, she said to me “between 20 and 30 sheckel each”. However, when she sent to me ready skirts, the bill was 100 shekel obo. She hadn’t tried to contact me before the work was done to tell about the price change. If she would do so, I’d tell her that I don’t need the work, as it’s better for me to buy a new skirt for the price.
2) I’ve sent to the same seamistress my husband’s trousers for some minor alteration. After that, she went on hufshat leida, and it was Pesach time than, so when I’ve contacted her after Pesach, she told me that she has lost the trousers. It was of some greater value for my husband, becouse it was a part of an expensive suit, and we are not sure that the trousers are still available to buy in a regular shop (as it was an old collection). What should I do now, to ask the semistress to buy for him a new pair of trousers? And if it’s impossible to do, should she buy the whole new suit (as the jacket itself without trousers can’t be of some use)?
Thank you in advance!
Answer:
1) There is no obligation to pay more than thirty shekels. This is the price that was agreed on initially, and the seamstress does not have the right to demand any more, unless this possibility was agreed on in advance.
2) This is a complicated question.
In principle, the lady is obligated to pay for the cost of the trousers as is — meaning, the cost of a second-hand pair of trousers, which doesn’t amount to much.
There is room to question whether the seamstress will be liable for greater cost on account of the suit, which is “damaged” by losing the trousers (“fixing” the damage involves buying a new pair of trousers). The Divrei Ge’onim (96:58) cites a dispute cocerning a paid guardian who loses one earring out of two, and rules that the guardian is obligated to pay the cost of both. This is also the ruling given by the Sho’el U-Meishiv in his approbation to Divrei Ge’onim.
However, in this case the seamstress was a guardian for the trousers, and not for the suit, and there is therefore room to doubt whether she will have responsibility for the entire suit. This is the more true if she wasn’t informed that the trousers were part of a set.
On account of the complexity of doubt involved, it is best to reach an amicable compromise, whereby the seamstress will pay part of the cost towards buying a new pair of trousers, hoping that a good match will be found.
Best wishes.
