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Beit Midrash
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Ruling: Beit din accepts def’s basic claim that pl was required by the guidelines of employees on sabbatical leave to inform in writing by a certain date that he planned on returning. In this case, their claim is far beyond a technical claim of failure to formally inform. Rather, pl left a strong impression with various relevant parties that he was not interested in retaining his original job. Therefore, according to the law, def is not obligated to pay pl.
However, beit din feels that def did not fulfill their moral obligation to pl, who was an important and long-term employee who contributed a lot to def. It is not as if pl gave the impression that he planned on leaving the employment of def and/or that he had found alternative employment elsewhere. Rather, he had expressed a desire to change positions within def’s apparatus. While def admitted that they should have met with him to discuss the situation in a serious manner out of honor to him, beit din feels that they should have done so out of concern for his welfare, as one whose livelihood had been tied to them for years. The severance payments were not legally required, but they were not well beyond the obligation.
[The main halachic discussion was about the parameters of beit din obligating a side to pay beyond the letter of the law. We will bring just the very basic ideas.] The gemara does tell stories where beit din ordered someone to pay beyond the letter of the law, especially to workers, and the Beit Yosef, Choshen Mishpat 12 cites opinions on whether these are halachic precedents. The Acharonim, including those of recent times, have sided with the opinions that beit din can do so, especially when there is a clear moral obligation involved.
Beit din required def to add another 33% onto the severance pay so that the sum came out to be somewhere between a third and a half of a year’s salary.
P'ninat Mishpat (825)
Various Rabbis
249 - Returning Tuition When a Student Was Expelled – part II
250 - Who Should Discuss With Whom?
251 - Late Pay Without Fringe Benefit
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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: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
