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Case: The plaintiff (=pl) served as a rosh kollel for the defendant (=def), an organization. For several years, def paid pl with a kollel stipend rather than a worker’s salary with a wage stub and social benefits. Then, def started paying pl, based on pl’s request, as a worker. Pl, who quit a year later, now demands to have his social benefits rights restored retroactively. Def argues that pl was indeed a kollel student, who received a higher than normal stipend because he also did some teaching. Def also argues that pl agreed to the conditions, which are totally standard for roshei kollel in Israel.
P'ninat Mishpat (829)
Various Rabbis
539 - Dissolution of Real Estate Joint Ownership after Divorce
540 - Waiving Workers’ Benefits
541 - Firing a Contractor – part I
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A worker can relinquish rights when they are based on common practice, but not when they are based on the law of the land. In truth, some poskim enable agreement to overcome the law in matters of employment, claiming that the law is based on "values that are foreign to the Torah," rather than improvement of society. Also, some argue that since agreement overcomes Torah law in monetary matters, it certainly overcomes rights given by the law of the land. However, beit din followed the approach that basic workers’ rights are not just a matter that impacts individuals but the face of the workplace, making the law of the land viable. Based on the principles, beit din awarded pension contributions, severance pay, and recreation pay, and required def to retroactively provide wage stubs.
Appeal: If we follow the law of the land even when it is not common practice, beit din is no different than secular courts. In the realm of Torah institutions, the determinants of who is a worker do not apply, and general judicial precedent is thus irrelevant. Pl worked elsewhere and also did personal learning in his first years in the kollel, so that at least some of his pay should be a stipend.
Appeal Ruling: The beit din ruling is based on the Rashba and the Rama (Choshen Mishpat 369:11) that the laws of the land apply to laws done to improve society as a whole. According to this, matters of the public, including the protection of workers, who are the "weaker" members of society, exceed personal interests. When such laws begin, they are usually against common practice, but over time, as in this case, they become generally accepted by society. Therefore, in this case, the law is valid halachically. Use of the legal precedent just helps understand the law’s intention. It is not true that roshei kollel, as a rule, are not paid as workers.
Had pl accepted the pay offer without benefits with the intention to later sue, he would have been acting in bad faith and his claims should be dismissed. But there was no claim that this occurred. It does not make sense to break pl’s wages into a stipend part and a work part, as all was part of one set of responsibilities.
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 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.
