YeshivaThe torah world Gateway Beit Midrash
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 (829)
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: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts

P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts

Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Lessons
fast navigation

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.








