YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
- Jewish Laws and Thoughts
- Middot - Character Traits
- The Laws of Ben Adam LeChavero
Case: Plaintiff 2 (=pl2) was the contractor for major renovations of the defendant’s (=def) home; plaintiff 1 (=pl1) was the supervisor. The contract stated that pl2 would finish the job in 120 work days within approximately six months. After over eight months, with the job not close to complete, def fired them, with the claim that pl2 was working only sporadically because he took on another job. Pl2 claims that he took the other job only after def fell behind in payments and that he had already worked 140 days because def made additions to the original plans. Pl2 claims that def fired them when she received a bill for the additional work. Def says that she wrote a letter to fire them before she received that bill, that she paid less than spelled out because she bought some of the materials that pl2 was required to, and because the work was behind schedule. She claims that pl1 approved the amount she paid and that pl2 did not protest.
P'ninat Mishpat (827)
Various Rabbis
541 - Waiving Workers’ Benefits
542 - Firing a Contractor – part I
543 - P'ninat Mishpat: Firing a Contractor – part II
Load More
[Without going into detail,] the content of SMS messages between def and pl1 at the time between when def said she fired pl1 and pl2 and when pl2 claimed it occurred do not make sense if def had already carried out the firing. Therefore, we assume that def indeed fired them after she received the bill for additional work.
Nevertheless, def did have grounds for firing pl2 based on the fact that he was well behind schedule. Although there were additions, they were not significant enough to have changed the schedule by that much. Pl1, whom the contract states would be believed to report accurately on pl2’s work, says that pl2’s work log is accurate. Of the 26 days that that the log has pl2 not working, 20 days come with excuses (whose validity it is hard to appraise) and 6 with no excuse. More significantly, pl1 stated (and pl2 did not deny) that the level of work (e.g., the number of workers he brought) went down significantly after pl2 took the other job, without permission from def, and according to pl1, this was done purposely. Thus the question is whether pl2 was justified to slow his work based on lack of pay.
Pl2 claims that pl1 told him that def was paying less than expected because she lacked funds. But pl2 also says that he trusts pl1, and pl1 agrees that he approved the amount that def paid pl2, based on her purchases and incomplete work. Pl1 might have told pl2 that def might be having liquidity problems but that he should not be concerned about her paying eventually. In any case, pl2 did not explicitly protest about the payment and therefore had no right to not keep to the agreement on the pace of work. Therefore, since the contract states that def can fire pl2 if he is 15 days behind schedule, in this case she had the right to do so
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: Sharing in Plumbing Expenses – part II
based on ruling 85013 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
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Benefit from Unsolicited Efforts of the Plaintiff
based on appeal of ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Army and War "If Haredim Should Serve in the IDF, So Should You"
IDF Service for Young Jewish Men from America
Rabbis in Midrash
Lessons
fast navigation
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.
Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
