Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: Last time we dealt with reduction in salary and d’mei havra’ah.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
644 - Making Up for Unpaid Employment Benefits – part I
645 - Making Up for Unpaid Employment Benefits – part II
646 - Making Up for Unpaid Employment Benefits – part III
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No matter def’s director’s exact wording and intention, he violated lifnei iver (giving bad advice – see Rambam, Rotzeiach 12:14), as he had no reason to be confident that paying when def would get around to it would be fine. If they could not pay, they should have told pl, "Pay yourself, and we will reimburse."
Regarding financial compensation for such cases, the Shulchan Aruch (Choshen Mishpat 306:6) rules that one is obligated if he gave the advice either for a fee or he is not an expert in the field, but only if the recipient made it clear that he was relying on the advice giver. In this case, def is clearly not an expert in pension funds. It is not fully clear that def knew he was being relied upon, but the stronger implications are that they did or should have known. Therefore, we will make them pay 80% of the damage (but def has the right to bring an alternative actuarial calculation).
Def argues that since pl originally claimed the other elements and not this one, it shows that he was mochel (relinquished rights to) this claim. Beit din rejects this argument. Had def paid all of the other elements, then one could say that the claim he did not make was left out due to mechila. However, it is possible that the matter was a package deal ("pay the basics and you won’t have to pay for damages"), and since def refused to pay, pl can now demand everything. Mechila either needs to be explicit or clear, but inconclusive lack of action is not considered mechila.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 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
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 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: Sharing in Plumbing Expenses – part II
based on ruling 85013 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: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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
