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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 (832)
Beit Din Eretz Hemda - Gazit
569 - Too Slow to Meet a Non-Deadline
570 - Receiving Pay for Hours Not Taught
571 - Compensating for a Breach of Exclusivity Agreement
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
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based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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