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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 (829)
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.
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: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 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
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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.
