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Rav S.Z. Orbach (in Techumin V, p. 291- ) gives another reason to forbid firing a teacher without a valid reason. He suggests that it is possible in our days that a teacher in a public institution has a position of honor about which the Rama (Yoreh Deah 245:22) rules the following: "He who is established as the rabbi of the city, even if he put himself in a position of authority, one should not remove him from his elevated position even if someone greater than he came to the place."
It seems that these days, when not specified, a teacher is hired for one year at a time, unless he is given a permanent appointment. In any case, according to the Aruch Hashulchan [see last week], it is possible to replace a teacher with someone more qualified in the middle of the school year, not to mention that he does not have to be rehired for the coming year in any case. According to Rav Kolitz [cited last week], even after the year, he can be replaced only with someone better; during the year, he cannot be replaced even with someone more qualified.
Regarding the pay of a teacher who was fired in the middle of the year, in general we say that one who started working and was removed is paid (at least at a reduced rate) until the end of the period if he is unable to find alternative employment (based on Bava Metzia 75b). The rate of pay depends on if the worker is the type who would rather be idle or would rather work. The gemara assumes that the average worker prefers to be idle but mentions the porters of Mechoza as an example of those who do not like being idle, because it weakens them. The Nimukei Yosef (Bava Metzia 47a in the Rif’s pages) says that teachers are among those who receive full pay. As this is true of any profession in which those involved are weakened by idleness, this should apply to those who study Torah. However, the Rashba (Shut I, 643) says that a beit din should decide on an individual basis. In general, though, a teacher would be expected to receive full pay until the end of the year.
The Taz (CM 333:2) says that an idle worker gets paid only half of his normal salary. However, the Rashba (I, 887) implies that the reduction is significantly less. It is possible that the matter should be compared with the salary teachers receive when on sabbatical. After all, those teachers have the right to choose between vacation with partial pay and working with full pay; this is what we try to estimate regarding an idle worker.
P'ninat Mishpat (832)
Various Rabbis
127 - How to Elect Public Officials
128 - Firing Teachers
129 - Precedence in the Payment of Multiple Debts
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P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 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
Rabbis in Midrash
Lessons
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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.
