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Beit Midrash
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- P'ninat Mishpat
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 (832)
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.
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: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
