YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
In this case, the Maharam was asked about a machloket in a different community about one who was effectively acting as rabbi: making public addresses, teaching Torah, answering halachic question, and ruling on monetary disputes. He did not initially receive payment for his efforts. The rabbi decided to leave town, and the people requested that he stay and promised him financial support. After further time elapsed, he demanded to be compensated for all the time he acted as rabbi without being paid. After refusing to say anything that could be construed as a ruling, because of the abuses that such statements lead to, the Maharam Padova discussed halachic issues so that the corresponding rabbi could more easily take responsibility for his own ruling.
The querier invoked the rule that silence is not to be construed as hoda’ah (acceptance or admission) unless the noteworthy silence occurred before witnesses. (In this case, the rabbi was silent about making a claim that he deserved to be paid for his services until late in the process). There are many cases where silence is significant. For example, if one acts in a way that can harm his neighbor’s use of his neighbor’s property and he is quiet, it is considered that he has agreed. The Rosh argues because one needs three years of such a behavior and a claim that he bought rights, but he seems to agree that similar silence can be significant. The gemara (Bava Metzia 6b) also raises as a serious possibility that silence when one’s counterpart seizes property for payment is like admission. In this case also, the fact that the rabbi saw that the community set a price for him for the future and said nothing about the past seems like a relinquishing of rights to payment for the past. Those who heard the claims of the litigants should try to determine the significance of such a subjective matter.
It is also problematic for the rabbi to demand money for his services, as one is not supposed to take money for teaching Torah and performing mitzvot. It is permitted when he took off from work to do the mitzva. One of the explanations of how rabbis take money is that the gemara’s objection exists only if the pay is received from individuals who are judged or helped, not from the community (Rabbeinu Tam). This answer apparently does not allow taking money for teaching Torah. Another explanation is that the community has to pay because the rabbi did not take a job in order to leave him time to serve the community (Ri). Another possible explanation for the pay rabbis receive is that one may take money to teach a difficult group of students.
P'ninat Mishpat (832)
Various Rabbis
301 - Responsibility for a Missing Diamond
302 - Back Pay for a Rabbi
303 - Hasagat G’vul Regarding with the Government
Load More
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)
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 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)
Rabbis in Midrash
Lessons
fast navigation
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.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
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.
