YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: The main guideline regarding the rules of employment is that everything follows the local custom (Bava Metzia 83a). According to local regulations, one who did not receive an official, permanent position is considered hired on a trial basis and can be fired even without cause.
Even if pl had a permanent job, the gemara says that Torah studies teachers of children can be removed for improper teaching even without warning (Bava Batra 21b), a halacha that applies to workers who cause irreparable damage to their employers. Regarding a teacher, Rashi says that the issue is that the children will learn mistaken information, and, according to Tosafot, that one cannot make up the time that was wasted from Torah study. There is one proviso: while the teacher does not need to be warned, he must have been guilty of faulty practices on a repeated basis (Rama, Choshen Mishpat 306:8). In this case, both the story of not showing up and that of giving out cookies happened only once. Therefore, neither creates a trend that is grounds for dismissal.
There do seem to be repeated clashes between pl and def regarding educational philosophy, as applied in the school. While no one educational approach has a monopoly on effectiveness, it is a major problem when teachers are not willing to accept the approach that a school’s administration sets for it. As the Minchat Yitzchak (IV, 75; see also Piskei Din Rabbaniim, VIII) says, when a teacher does not respect the administration’s authority, there is a real concern for a certain level of anarchy, which can be damaging. The exception to the rule is when the administration’s approach is clearly inappropriate. In our case, the issue has been raised to pl several times, and he has not addressed it reasonably.
In summary, whether based on the local practice regarding teachers without tenure or based on halachic rules, def is allowed to not rehire pl. (Next week, we will discuss whether pl deserves to be monetarily compensated for the way he was fired.)
P'ninat Mishpat (829)
Various Rabbis
209 - Educational Violence?
210 - The Firing of a Teacher
211 - The Firing of a Teacher
Load More
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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.
