Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: Last time we saw that pl’s reading of the contract is correct and that the basic employment agreement continued until explicitly changed.
The contract speaks of def paying monthly after receiving a time-specific bill. While this places an obligation of payment on def, it also puts an expectation of reporting monthly on pl. Had pl reported on time, def would have been more likely to either force a change in setting payment or an ending of the employment earlier. Therefore, def deserves, if only based on propriety and as compromise that is close to the law, to have a certain reduction. This reduction will be applied only from the time the first post-ten-hour specified bill was expected and up to but not including the point that def expressed unhappiness but continued pl’s work at a slow pace. The reduction will be of 15% of the fee due during the appropriate times.
Beit din rejects the disqualifying of the level of fee due to overpricing. According to Halacha, one cannot demand a return on overpricing for workers (Shulchan Aruch, Choshen Mishpat 227:33). Many of those who accept applying the law of the land, do so only in regard to actual laws, not rulings, and certainly not of lower-court rulings, as is the case here. Even in the cases in which the courts reduced the fee, it was for higher fees than this, especially when they took a percentage of the court award. Charging a fee per hour is reasonable. While def found someone cheaper, professionals are entitled to charge higher than average fees if they believe they provide a better service.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
671 - Limiting Exorbitant Lawyer’s Fees – part I
672 - Limiting Exorbitant Lawyer’s Fees – part II
673 - Unpaid Rent during Corona
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 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
