Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: If there was a commitment to providing these extra hours, is def bound to it when the situation changed (i.e., loss of eligibility) after the time of the commitment? Regarding a commitment to buy/sell, followed by a change in price, there are two opinions as to whether it is morally permitted to back out (Shulchan Aruch, Choshen Mishpat 204:11). The S’ma (ad loc.) says that the same is true for a commitment to employ.
However, when a worker starts the job, commitments become binding (Shulchan Aruch, CM 333:2). This is either based on the assumption that it is difficult to find a new job or based on obligation. Even if pl did not start working the extra hours, all of the employment, with all the stated conditions, form one unit.
Usually, if one is obligated toward a worker, but the worker does not end up needing to work, there is a reduction from the pay because of the benefit of the free time. The Rama (CM 335:1) says that this is not true of a Torah teacher, and two reasons are given: 1. it is a pleasure to teach Torah; 2. teachers do not enjoy time off. While in this case (a general studies teacher), there is a difference between the reasons, we accept both reasons as grounds to give full pay, especially in a case like this in which pl was more adamant about the teaching than the money.
The question thus is about what commitment was made. Def argued that pl should have understood that the extra hours were dependent on the special fund, but they never said that they told him so. Therefore, we cannot accept that the extra hours could be considered conditional, as conditions need to be stated, not understood. In general, we must criticize def’s policy of taking money given to them to pass on to certain teachers and making it conditional on extra work that the Department of Education did not require.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
564 - Too Slow to Meet a Non-Deadline
565 - Receiving Pay for Hours Not Taught
566 - Compensating for a Breach of Exclusivity Agreement
Load More
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
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
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 Complaints about Contractor’s Work – part II
(based on ruling 83037.1 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
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
Rabbis in Midrash
Lessons
fast navigation
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
