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Ruling:There are two halachic questions to look into in this case: 1. Were the basic elements that make a deal binding reached? 2. Are there grounds to void the sale based on ona’ah (mispricing)?
There is agreement that pl started working (Shulchan Aruch, Choshen Mishpat 333:1). The beginning of work is a kinyan (finalization of an agreement) in regards to the laws of a po’el (a hired worker). There is a machloket among the poskim whether beginning of work is a kinyan regarding a kablan (one who is paid by the job) (see Machaneh Ephrayim, Sechirut Poalim 5). In our case, although pl was paid by the job, he has elements of a po’el because he accepted upon himself a specific work schedule and also changed his other work responsibilities in order to enable him to do the job as requested. Also, payment by check is considered giving money and this is a form of kinyan for workers (Netivot Hamishpat 333:1). So there is certainly the basis for obligation to pay pl’s salary.
Def’s claim of mispricing is not valid for a few reasons. First, it has not been substantiated that there is a significant enough divergence from the standard price. While def showed that they received a lower estimate from someone else, that does not prove ona’ah, as differences in quality in work can account for differences in price. Furthermore, the difference between the estimates (21,000 to 19,000) is beneath the sixth needed to make a claim of ona’ah. Also, the laws of ona’ah do not apply to a po’el. While they apply to a kablan, that is not so when the work was done to land or that which is attached to land (see Shulchan Aruch, CM 227:33).
When an employer backs out of an agreement and the worker is not able to find replacement work, it is considered a loss for the worker, and he gets paid partially (we subtract from the amount agreed upon to take into account the worker’s vacation time). This is so even for a kablan in a case like this, where pl changed around his schedule to enable him to do the work. In this case, pl is entitled to the expected earnings from the job minus the amount of any other job he was able to find in its place. 2,100 shekels is a reasonable estimation.
P'ninat Mishpat (824)
Various Rabbis
245 - The Return of Equipment that Was Given or Lent
246 - Closing the Door on the Window Maker
247 - An Apartment that Was Barely Livable
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P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 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.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
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
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
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
