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Beit Midrash
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Ruling:We posit that the labor laws of the State of Israel are, as a rule, proper and fair and are to be accepted by halacha, at least as the basis of local practice and "communal decisions." This idea has been confirmed by many rulings of Rabbinical Courts in many cases, prominent among them regarding severance pay. In general, the gemara and Shulchan Aruch employ the rule regarding the laws of employment, that "everything follows the practice of the land." Employment agreements generally are predicated on an assumption that the laws of the land help shape spoken and unspoken employment agreements. Even organized groups can get together and decide about financial arrangements between members of the group (see Bava Batra 8b).
Regarding laying off pregnant workers, Paragraph 9 of the Law of Female Workers (1954) states that one can lay them off only with the permission of the appointee of the Minister of Labor and Welfare, which has been replaced by the Minister of Commerce and Industry. As long as this appointee works within his field of authority, his decisions should not be questioned. Therefore, even if def did not know that pl was pregnant, we uphold the decision that pl must pay until the time the permission was granted to lay off pl.
On the other hand, there is a concept that has gained much popularity in Israel – we must not allow "the accumulation of wealth without justice" (based on Yirmiyahu 17:11). Beit din feels that this case is an example. The idea of the aforementioned law is to prevent the loss of earning power of a pregnant woman. In this case, pl properly looked and found another job at higher wages. To receive double wages on the account of a firm that hired her and helped her progress in the field is an example of lack of justice. Just because the firing could not be confirmed retroactively does not mean that pl is entitled to double pay.
Therefore, pl is entitled to pay only from the time she was laid off until she found alternative employment.
P'ninat Mishpat (832)
Various Rabbis
241 - Listening to a Non-Kosher Witness
242 - Laying Off a Worker During Pregnancy
243 - Laying Off a An Unauthorized Sale
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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: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 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.
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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.
