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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during the first year was explicit, even if it lacked witnesses, it stands unless there is evidence that it was rescinded.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 (829)
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
Load More
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 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
Lessons
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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.
