YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling:There are two halachic questions to look into in this case: 1. Were the basic elements that make a deal binding reached? 2. Are there grounds to void the sale based on ona’ah (mispricing)?
There is agreement that pl started working (Shulchan Aruch, Choshen Mishpat 333:1). The beginning of work is a kinyan (finalization of an agreement) in regards to the laws of a po’el (a hired worker). There is a machloket among the poskim whether beginning of work is a kinyan regarding a kablan (one who is paid by the job) (see Machaneh Ephrayim, Sechirut Poalim 5). In our case, although pl was paid by the job, he has elements of a po’el because he accepted upon himself a specific work schedule and also changed his other work responsibilities in order to enable him to do the job as requested. Also, payment by check is considered giving money and this is a form of kinyan for workers (Netivot Hamishpat 333:1). So there is certainly the basis for obligation to pay pl’s salary.
Def’s claim of mispricing is not valid for a few reasons. First, it has not been substantiated that there is a significant enough divergence from the standard price. While def showed that they received a lower estimate from someone else, that does not prove ona’ah, as differences in quality in work can account for differences in price. Furthermore, the difference between the estimates (21,000 to 19,000) is beneath the sixth needed to make a claim of ona’ah. Also, the laws of ona’ah do not apply to a po’el. While they apply to a kablan, that is not so when the work was done to land or that which is attached to land (see Shulchan Aruch, CM 227:33).
When an employer backs out of an agreement and the worker is not able to find replacement work, it is considered a loss for the worker, and he gets paid partially (we subtract from the amount agreed upon to take into account the worker’s vacation time). This is so even for a kablan in a case like this, where pl changed around his schedule to enable him to do the work. In this case, pl is entitled to the expected earnings from the job minus the amount of any other job he was able to find in its place. 2,100 shekels is a reasonable estimation.
P'ninat Mishpat (829)
Various Rabbis
245 - The Return of Equipment that Was Given or Lent
246 - Closing the Door on the Window Maker
247 - An Apartment that Was Barely Livable
Load More
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: Problematic Lights?
based on appeal of ruling 84085 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
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
fast navigation
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.
