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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 (829)
Various Rabbis
541 - Waiving Workers’ Benefits
542 - Firing a Contractor – part I
543 - P'ninat Mishpat: Firing a Contractor – part II
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[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
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 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: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
