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Beit Midrash
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- P'ninat Mishpat
Ruling:First, beit din cannot refrain from criticizing def for its lax outlook toward paying on time. Beit din cited p’sukim from the Torah and the navi, as well as a halachic ruling of the Rambam to impress upon them the seriousness of the matter.
Beit din notes that pl agreed to continue with his job despite finding out a few weeks before the camp that he could not take part in the course. While he was told he would be compensated, he was not told how much he would receive. On the first day of the course, pl travelled to take part in it and thus is like one who came to work as discussed and there was nothing to do. Whether he deserves to get paid (partially) for that day depends on whether def should have known that pl’s participation was not assured (see Choshen Mishpat 333:1).
There is a question as to how much pl deserved to be paid for his job without the ability to carry a gun, and the rule is that when there was no agreement, the worker gets paid according to the lowest rate in the market. In practice, though, def paid him in full (1,000 shekels beyond the base salary), including for the course he did not take. Even after subtracting 90 shekels, there is still an extra 910 shekels that was paid. That should be a generous compensation for pl’s not taking part in the course. Given that there is logic that pl should be compensated, beit din does not believe that def can demand to have that money returned to them, even though they were sued. On the other hand, since under the circumstances, pl’s demand for extra money appears frivolous, he alone should be responsible for the court fee of 400 shekels.
P'ninat Mishpat (833)
Various Rabbis
251 - Who Should Discuss With Whom?
252 - Late Pay Without Fringe Benefit
253 - Responsibility for a Failed Joint Investment – part I
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P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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P'ninat Mishpat A Non-Contractor in Changing Times – part II
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Hashem Is your Shadow – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
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p. Ha'azinu, Shabbat Shuva
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