YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Case: The plaintiff (=pl) teaches and does some administrational work at the X Yeshiva (=def), which was undergoing hard times. The new rosh yeshiva (=RY) asked pl to increase his administrational and recruiting work over the summer. There is no written record of a promise of increased pay, but RY confirms it and def denies they agreed. Def paid 7,000 + shekels as "a compromise"; pl demands 4000 shekels * 4 months, as promised. The next year, def cut back 3 hours from pl’s regular administrative duties. Pl claims that this was without due process and demands a return of that pay. Def says that there is no tenure on hours beyond a full-time job, which pl still enjoys. Def counterclaims that in reviewing pl’s records, they discovered that he was significantly overpaid compared to the Education Department’s pay scale. Def wants to subtract this amount from any award beit din may rule in pl’s favor. Pl claims late fees for the withheld parts of the salary due to him, as prescribed by the Law to Protect Wages.
P'ninat Mishpat (832)
Various Rabbis
459 - Steps to Deal with Mutual Motzi Shem Ra
460 - Payment for a Teacher’s Increased and Decreased Work
461 - Disputes Between Neighbors over Rights in a Building
Load More
Def’s claim that they knew that pl was expanding his involvement but did not approve an increase in pay, is strange. There is no reason to expect a worker to significantly increase his workload for free, unless he explicitly volunteers. If it was unclear to def how much RY had promised pl, they should have asked.
Def was obligated to pay approximately 9,000 shekels more than they had paid, and they refused to do so for years. Since the Torah is very firm against withholding a worker’s wages, we choose to penalize def for this, as the law prescribes, a sum of 2,500 shekels.
Regarding the reduction of 3 hours of administrational pay, it is true that def can reduce the workload if the employee remains a full-time worker. However, regarding the first year that the reduction was in force, def informed pl too late (education workers must be told of any changes by the May preceding the incoming school year). The step is more egregious in regard to administrational work of the type pl had, as pl’s position apparently required doing the same basic job for less pay. Nevertheless regarding the second year in dispute, since pl knew in advance what work he would be doing and his salary after the reduction and he continued to do it, he cannot demand more money than what he was told he would get.
Regarding return of extra money, it is halachically difficult to say that one paid too much by mistake (see Shulchan Aruch and Rama, Choshen Mishpat 126:13). This is especially the case when def, like other schools, is in the practice of paying workers whose employment is important to them, more than the Education Department sets down. The payment also went on for a long time. Thus, we assume that the amount pl received was decided by def to compensate pl appropriately, not a mistake.
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: Agricultural Water Rights – part I
based on ruling 84122 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
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.
