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- P'ninat Mishpat
Ruling: [Last time we saw that the unsigned contract does not obligate def to believe pl about how much he worked in a manner that makes him deserve pay but that once def did pay based on pl’s report, he cannot ask for it back with the claim of a mistake.]
Can pl ask for pay for work for which he was paid by a different employer? The Rama (Choshen Mishpat 333:5) says that a teacher may not do other work at the same time he is teaching, but the explanation given is that it affects the quality of the work. This implies that otherwise he would be allowed to be paid for two things done at the same time. It should be even clearer in a case like this where the work he did was the same one that is desired by two different people. [Ed. note- one can distinguish between getting paid for the job, where the important thing is whether someone received the service he requested, as opposed to here where he is being paid for putting in time, and he did not put in time for this employer.] See Pitchei Choshen (Sechirut 7:11) who says that unless it takes away from the efficacy, one can get paid twice for saying the same Kaddish for more than one deceased. There is no reason to think that in this case, def suffered from the list being made for others as well. It is even clearer here since def knew that pl worked for other institutions, and he paid without inquiring whether the lists had been prepared for someone else as well.
A claim was raised that pl is only a conduit for payment between def and the workers that pl had doing the work for him, to whom def should actually be directly obligated. However, this is not so, as not all of the per-hour charge that pl was promised did he give to the workers. This demonstrates that there is one obligation that def had with pl and another that pl had with his workers.
The rest of the ruling went through all of the detailed per-hour work description, determining for which hours def owed pl. The final determination is that def owes an additional 4,821shekels beyond what he already paid.
P'ninat Mishpat (835)
Various Rabbis
558 - How Much Acceptable Work Did the Worker Do? – part I
559 - Believing the Worker about What Work he Did – part II
560 - A Defendant Continuing Adjudication after the Plaintiff Halted it
Load More
Beit Din Eretz Hemda - Gazit
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Igrot Hare’aya – Letters of Rav Kook #103 – part II
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
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: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
