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Beit Midrash
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The defendant (=def), an organization that furthers Torah education, hired the plaintiff (=pl) to serve as head of a kollel responsible for teaching local residents. Pl and def’s representative (=rep) agreed on a monthly salary of 3,000 shekels, based on an estimate of 30 shekels an hour for 15 hours a week and 60 shekels a day for transportation. It was also agreed that payment of the salary would be dependant on the arrival of funds from the Education Ministry for the project. After a few months of receiving only partial payment, pl signed a memorandum stating that he knew that the time and amount of his payment depended on the Education Ministry funds. After 15 months of minimal pay, pl quit. He demands full back pay for the outstanding salary and payment until the end of the school year, which is the normal work period of educators. Def responds that they never intended to give pl more than the funds they receive from the Education Ministry, as indicated in the memorandum, which was on the basis of 8 shekels an hour. Rep was not authorized to obligate def in more than that.
Ruling: Rep’s calculation of the salary, both in its amount and the idea of transportation, shows that it was not based on the Education Ministry allocations. It would seem, though, that the waiver in the signed memorandum is binding even if pl did not understand its significance (based on Shulchan Aruch, Choshen Mishpat 45:3). However, in this case, rep led him to believe that his signature was confirming what they had agreed orally. Since that which one is obligated by his signature even without understanding stems from the fact that he did not bother to investigate (S’ma 45:5), it does not apply when he inquired and was misled.
Regarding a case like this, where rep exceeded his authority in making the promises he did, the matter is spelled out in Bava Metzia (76a). When one who was sent to hire a worker told the worker that he would be getting more than the employer had said, then if the worker said that the employer would be responsible for pay, the latter has to pay according to the level of benefit he received from the worker. Thus, def is not held to rep’s unauthorized promises but to the level of benefit. Although def did not personally benefit from pl’s services, others in the community did, and since that is what def asked pl to do, it is considered def’s benefit. Beit din decided that 3,000 shekels a month is a reasonable (or low) salary for pl’s work, and he should be paid at that rate for 15 months.
However, since payment is based on benefit and not an agreement, pl cannot make demands for the time after he quit. Pl is also not entitled to severance pay, which applies to regular employees, not contractors, which pl is considered, as he was paid based on the benefit provided.
P'ninat Mishpat (829)
Various Rabbis
68 - Enforcing a Work Agreement
69 - Work Under a Questionable Agreement
70 - Paying an Agent For a Deal That Did Not Go Through
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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: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
