YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Aseh Lecha Rav (II, 64) says that a strike because of an infringement on workers’ rights is permitted within the rights of a municipality to make regulations. However, when there is a disagreement between the sides about whether there are grounds for grievances, a respected, appointed arbitrator is needed to decide. Rav Halevi reasoned that a public body, including a talmid chacham and public figures, is necessary. Rav Uziel and Rav Yisraeli also discuss the matter (in Techumin V).
The Igrot Moshe (Choshen Mishpat I, 59) says that the need for a talmid chacham’s acquiescence applies only when there is a talmid chacham who is involved in a leadership position in regard to communal affairs. He says that in our time there is no one like that and adds that this is "certainly so in our country, as they have permission from the government" for this type of commercial activity.
A strike by teachers in religious subjects is categorized as a matter of loss (Rama, Choshen Mishpat 333:5). The Shach (ad loc.:26) explains that every moment that the youngsters continue to be idle is an irretrievable loss. Based on this concept, Rav Uziel (ibid.) says that there is no power for the "trade group" to authorize a strike of religious teachers, as it is an agreement that violates the Torah law to avoid bitul Torah (time unjustifiably taken away from Torah study). Rav Feinstein has a different reason to disallow a strike of Torah teachers. They are allowed to take pay only because they are being paid to not do another job. Since during their strike they will be idle at home, they are consequently obligated to teach for free.
In summary, there are two basic halachic approaches to strikes. According to Rav Orbach and Rav Halevi [see last week], there is a prohibition to strike, which is included in the lack of permission of a worker to back out of his work obligations when that causes a loss to the employer. Regarding the rights of groups within society to come up with rules and regulations, there is a question of authority when an "important person" is not involved in the decision. However, Rav Waldenberg and Rav Feinstein say that a strike is not connected to the matter of quitting a job and that there is no need for an important person in our modern situations.
We should add that according to the first approach, even if it is possible to strike based on a group regulation with an important person's acquiescence, it is considered to be against the spirit of the Torah. It is proper that when there are grievances against an employer, one should turn to a beit din. If the employer refuses to come to beit din or if beit din rules that the workers are right, then they can authorize the workers to strike for their just rights.
P'ninat Mishpat (832)
Various Rabbis
119 - The Right to Strike
120 - The Right to Strike - Part II
121 - How to Elect Public Officials
Load More
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 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
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
