Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (835)
Various Rabbis
185 - The Firing of a Teacher
186 - The Firing of a Teacher
187 - Switching from a Secular Court to Beit Din
Load More
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: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
