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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
The plaintiffs (=pl) work for the defendants (=def). In the past, pl gave significant bi-annual bonuses for the chagim. A new employment agreement was finalized, increasing the workers’ wages. The contract does not mention the bonuses. Pl say they are still supposed to get them, whereas def say that the new agreement replaces all the old provisions, including the bonuses.
Ruling: The Rivash (478) discusses a community that exempted its chazan from taxes during his first year of service. When they extended his contract, that issue was not addressed. The Rivash ruled that if the exemption during the first year was explicit, even if it lacked witnesses, it stands unless there is evidence that it was rescinded. He explains that there is no need for an explicit kinyan on the conditions of employment; rather, whatever conditions are presently assumed are fully binding as it is. The fact that some new conditions were implemented does not mean that old ones were dropped.
It is possible, though, that the Rivash’s logic applies only when there were not intensive negotiations over a new agreement. After negotiations, we may say that all conditions are likely to change and whatever is included in the new agreement nullifies that which was in the old one. The Levush (Choshen Mishpat 333:8) applies the Rivash’s logic even to cases where there were new negotiations. However, the Shach (333:42) says that if a new salary amount was mentioned and the old conditions were not addressed, they are no longer binding. The Chemdat Shlomo says that the Shach discounted the original conditions if any changes entered in the original agreement. According to the Shach, pl should ostensibly no longer be entitled to the bonuses.
However, we can make the following distinction. The Shach discussed a case where the employers could have ended the employment and, therefore, there is nothing to make the earlier conditions continue. However, in our case, def could not fire pl or rescind their rights. In such a case, the Shach would agree that we do not suspend the original rights. Furthermore, the raises that many of the plaintiffs received were only around 10% of their salary. It does not make sense that under those circumstances, we would expect that, without stipulation, they regressed regarding a major bi-annual bonus. Therefore, beit din understood that the new pay arrangement was intended only to streamline the complicated pay system, which included different levels of overtime, and not change their accepted practice of bonuses. Another piece of logic to continue the bonuses is that they may be viewed as a [binding] present to deal with expenses of the chagim, not salary. If so, the new salary negotiations should not be expected to address such extraneous matters and the obligation remains.
P'ninat Mishpat (824)
Various Rabbis
74 - Firing During the Year
75 - Maintaining Certain Conditions Under a New Agreement
76 - An Obligation for One to Testify in a Felony Case
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
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P'ninat Mishpat P'ninat Mishpat: Damage from Renovations
based on ruling 82093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
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A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
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Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
Kuzari -Rabbi Ari Shvat Kuzari class 2
The King of the Kazars, in his search for truth, starts by inviting the philosopher. This is a "crash-course" on Aristotelian philosophy and the reasons why the king is not convinced. Through this dialogue, R. Yehuda HaLevi already foreshadows some of his central ideas that will appear later.
Shavuot "Love of Torah = Love of Israel"- for Shavuot
People often identify Judaism as just a religion, but upon examination, we see, even halachically and explicitly in the siddur, that the Torah is dependent upon Am Yisrael, Jewish nationalism.
Ein Aya The Middle-Child & Anti-Tzni'ut Syndrome- Negative Attention
Although tzni'ut is for men just like women, Rav Kook deals here with the sources in Yishayahu and the Talmud which deals with the special problem of lack of tzni'ut in women's dress and actions, where it's not just a problem of midot and character traits, but also can include practical, social and national ramifications, as well, which caused the destruction of the Beit HaMikdash and exile from Israel. The class continues the previous one (Ayn Aya Shabbat vi, 29), and is a must for all educators and parents of high-school aged and young adults.
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
