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Ruling: [Last time, we saw that def had a right to fire pl. Now we will discuss compensation for lost income.]
Unfortunately, it is accepted that teachers’ status is not secure until the beginning of the school year. However, a principal’s oral commitment to continue the teacher’s employment cannot be ignored, for the following reasons: If the teacher starts his preparations for the year, that serves as a kinyan on the new employment period. Secondly, since according to local practice, an oral contract is binding, it is possible that it is binding through situmata (a generic kinyan for that which is accepted by society).
Another reason the commitment is significant is that it can create a situation of garmi (semi-direct damage). The Shulchan Aruch rules that if someone hires a worker who could have found another job and then backs out when it is too late to find a job, the employer must pay the part of his salary that corresponds to the damage of being unemployed (poel batel, which is less than the salary of one who has to work). During the month that pl thought he was employed, it would have been much easier for him to have looked for another job.
In this case, pl and def dispute whether def assured pl he had a job, and therefore, def is obligated to take a rabbinic oath that he did not do so. For some time, beit din does not administer oaths, but makes compromises in lieu of the oaths. In addition to compromises due to untaken oaths, beit din also has the authority to rule as seems fit to them in cases where the truth cannot be determined, especially by employing compromises. The situation in which there is a lack of clarity about a teacher’s professional status is a morally inappropriate one. The teacher is expected to show allegiance to the school, while the school "controls the steering wheel." Beit din encourages the school to devise a re-hiring policy that is fair to both sides and allows each side to plan. In this case, beit din requires the school to pay for two months of pl’s salary, in addition to normal severance pay.
P'ninat Mishpat (829)
Various Rabbis
211 - The Firing of a Teacher
212 - The Firing of a Teacher
213 - Switching from a Secular Court to Beit Din
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
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: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 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.
