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Case: The plaintiff (=pl) is an educational counselor who worked for a school (=def) for 7 years, and was fired in 2018. Pl is suing to have his compensation package completed with the legally mandated fringe benefits, including pension and severance pay. Additionally, part of pl’s salary was paid by an NPO, and he wants fringe benefits for that money too. Def has counterclaims against pl. In the two years before his dismissal, pl barely worked, so they demand return of approximately 102,000 NIS of salary. They also demand that pl complete payment for his children’s tuitions at the school (98,000 NIS). Pl counters that it is standard that employees of def do not pay tuition to def.
Ruling: Def brought witnesses from their staff that pl stopped coming to work. Are they considered valid witnesses? The gemara (Bava Batra 46b) rules that a sharecropper can testify that the ostensible field owner is indeed the owner, but this is only if the sharecropper does not gain from the testimony. The Tur writes that if he has better conditions than the standard sharecropper, he is considered to have an interest in the testimony and is not believed, and this is how the Shulchan Aruch (Choshen Mishpat 37:2) rules. The Rama adds that any additional benefit from the testimony disqualifies him. In this case, the witnesses’ salary is not impacted by the testimony. On the other hand, it is possible that they fear some form of retribution if they do not testify in accordance with their employer’s will. While the Rambam (Eidut 16:4) rules that even a slight interest disqualifies, the Terumat Hadeshen (354) says that this is only when the benefit is definite. Here it is somewhat more difficult to accept the testimony because the witnesses took part in the decision to fire pl. However, in this case, because pl did not clearly deny the claims of at least highly reduced work hours and was evasive to beit din’s questions on the matter (see Shur Harosh 107:6), beit din concludes that pl worked far under what was required of him. Nevertheless, pl does not need to return the pay he received. Since def was aware that pl did not deserve to get paid and did so anyway, and because members of def’s administration admitted that their style is to go to great lengths to not cause hard feelings, we view it that they were mochel the money.
Pl receives fringe benefits for the time he was paid, as according to law, this must be provided to all paid workers. This includes severance pay, as pl was not told that he would be fired if things continued as they were. However, money paid through a different NPO are not def’s direct responsibility, and def is not required to pay for the fringe benefits related to that pay, as pl agreed to accept the money from them, and knew they were not giving the fringe benefits.
Pl has to pay his children’s tuition. Pl knew that this demand was made of him and indeed paid part of the tuition. He did not prove that there is an absolute exemption for workers’ children, and therefore it was and is def’s right to hold pl to that obligation.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
697 - New Evidence on Possible Partnership
698 - A Worker who Received Pay without Coming to Work
699 - Do Good Wishes End a Rental?
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
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 P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
