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Ruling: In the case of a disagreement between a worker and an employer as to whether the worker has been paid, the worker has the upper hand (Shulchan Aruch, Choshen Mishpat 89:2). However, says the Aruch Hashulchan (CM 89:5), if the dispute is not about being paid but about the quality of the work, we follow the regular rule that the burden of proof is on the one who wants to extract money.
On the other hand, the Rashba applies to similar cases the idea that when one grants reliability to his counterpart, this is binding even when he stops believing him. Piskei Din Yerushalayim VIII, p. 198 says, based on this, that although initially the employer can change his mind, once the work began based on the promise of reliability, the agreement is binding.
The question is whether there was such an agreement here. While the contract pl sent included a provision that pay would be based on reported hours, an unsigned contract is not binding, even if its content was known to both parties and not rejected. One cannot prove from the fact that def paid for one month along the lines spelled out in the contract that the contract had been accepted as a condition for the work. While it was agreed orally that pl would be paid by the hour, and it is clear that only pl could report how many hours were put in, that does not mean that def gave credibility to pl’s report even in a case in which def doubted its veracity. However, since pl reported that they worked on putting together lists of grant-giving foundations and def accepted sufficiently the explanation of why it was reasonable to pay for that month, this was mechila of the right to reject that work as uncalled for. See Shulchan Aruch, Choshen Mishpat 126:13 and Aruch Hashulchan ad loc. 15, who posit that we do not easily enable one who paid to say that he was mistaken in doing so.
P'ninat Mishpat (829)
Various Rabbis
595 - Holding Guarantors to their Commitment? – part III
596 - How Much Acceptable Work Did the Worker Do? – part I
597 - Believing the Worker about What Work he Did – part II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 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
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 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
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.
