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Ruling: [As we have discussed several times in the past,] the practice of severance pay is not a Torah law but is based on the precedent of the parting presents a Jewish servant received upon being set free. It is considered binding based on local practice in many parts of the Jewish world, including by the Israeli law, in the case of reaching retirement age and upon one being fired. It seems to be an example of forcing one to pay money lifnim mishurat hadin (above the letter of the law), but according to many poskim one cannot force such a payment (see Rama, Choshen Mishpat 12:2). Therefore it must be based on custom, which is binding in many areas of monetary law, certainly including the laws of workers.
One major outcome of the fact that this practice is based on custom is that it should follow to the end the guidelines of the custom, as the Rivash (477) posited, on a general basis, regarding monetary customs. Although the Rivash says that the idea of being linked fully to the custom does not apply to customs that are based on natural morality, Acharonim assume that it applies to all customs. Therefore, the statute of limitation should apply here. We should also point out that statute of limitation has a logical basis that is similar to a Talmudic concept. The issue is that one is required to keep financial records for up to seven years and no more. Thus, it is possible that def, or others in parallel cases, had proof of payment that are no longer available. This is similar to the halacha that since one preserves his purchase contracts for up to three years, one who has occupied a field for longer than that can say that he had proof of purchase that is no longer available (Bava Batra 29a).
Def also claims that pl quit and was not fired, and thus does not deserve severance pay. If there were a full obligation, we would not say that the fact that he did not make the claim is a clear sign that the debt no longer exists, as it is possible that, for example, there was a contract that was lost and later found (Rosh, cited by S’ma 69:19). However, regarding a case like this, where there never was a contract, there are grounds for suspecting that the fact that pl made the claim so many years late, even though the practice of severance is a known one and pl is the type of person who is aware of his rights, shows that he was never owed. Therefore, there are also grounds to suspect that he indeed quit and does not deserve severance pay, which is thus another reason to deny his claim.
P'ninat Mishpat (829)
Various Rabbis
165 - Refusing to Vote on a Ruling to Which One Objects
166 - A Claim for Severance Pay After Many Years
167 - Forcing Someone With a Rare Blood Type to Donate
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P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
