Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: In response to pl’s claim that he had been justified to pause the work due to underpaying, def showed that the contract states that eng is the sole authority about when and how much payment is due and he is to arbitrate any disagreement. Pl responded that eng was lying about the money due in order to find favor in the eyes of def, his employers.
Def are correct in this matter. The Shulchan Aruch (Choshen Mishpat 71:1) rules that if an agreement is made between the sides that the lender will be believed about whether payments were made, he can continue to get paid based on his word without an oath, unless witnesses testify that there were additional payments. This is even though the lender is obviously biased, because the borrower was aware of that from the outset. Here too, pl was aware of the relationship between def and eng and still accepted eng as the final word. Therefore, pl was not justified to boycott his job over a financial dispute, against eng’s decision. At this point, of course, beit din has the authority to overrule eng’s decision if it can be proven to have been erroneous. However, in this case, pl has not even been able to explain how he arrived at the sum that he is demanding, which only weakens his position.
Regarding pl’s claim that he should have had the opportunity to continue the work, the contract states that not keeping to the work schedule is considered a "fundamental violation" of the agreement. Since the deadline for completing the work was 60 days, an unwarranted boycott of several days with no return date at hand is an abrogation of pl’s obligation and allows def to move on.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
608 - Interpreting an Arbitration Clause
609 - Pay for Contractor who Left the Job under Protest – part I
610 - Pay for Contractor who Left the Job under Protest – part II
Load More
Beit Din Eretz Hemda - Gazit
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 Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 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
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
