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Case: The plaintiff (=pl) worked for a vocational yeshiva (=def) since 2019, working his way up to teacher/director. Tensions arose between pl and the rosh yeshiva (ry), due to which pl stopped working in Dec. 2021. During beit din proceedings, def offered pl to return to a lower-level position, with less contact with ry, at his regular salary; pl rejected the offer. The sides disagree on how to legally view various points. Def considers the end of work as pl quitting, whereas pl claims he was fired. Pl did not have an Education Ministry funded position as a teacher but is an independent worker, like others in the yeshiva. Therefore it is disputed whether he can be fired in the middle of a school year.
Ruling: According to the majority of dayanim, since the two sides had agreed (and it appeared as such on his pay stub) that pl did not have a position as a teacher, he is not protected by the government-recognized agreement not to fire teachers in the middle of the year. Although the sides agreed that pl’s general work conditions are like a teacher and that he would work for a full year, def have the right to switch his job, which one cannot do for a teacher. From analysis of def’s words during the hearing, it is clear that they initiated pl’s removal, and therefore they are considered to having fired him.
Even though def was able to fire pl, since it was in the midst of an employment period of a year, they have to continue paying until the end of the period (Bava Metzia 76b). However, the employer does not necessarily have to pay in full when we can assume that the worker benefits from the time off (ibid.). A standard amount to reduce the salary in such a case is 50% (Taz, Choshen Mishpat 333:2). However, this is just a point of departure, and it is affected by factors such as the positive impact of activity on the body (see Bava Metzia 77a and Rambam, Sechirut 9:7). The Rosh (Bava Metzia 6:3) rules that teachers should not get a reduction for time off because idleness causes forgetfulness and "heavy limbs." The Rama (Shut 50) distinguishes between different types of teachers. In our days, it is possible to receive some guidance from the fact that Bituach Leumi and insurance companies give those who are prevented from working 75% of their salary, which is what we will do here.
One who is hired for one task cannot simply force to do a different task for his employer (Tosefta, Bava Metzia 7:5), even if the latter is not harder work (Ritva, BM 77a). This is because worker satisfaction is part of the formula. However, when the intended work becomes unfeasible (including due to employer dissatisfaction with the worker’s skill - Aruch Hashulchan, CM 335:1), the employer can reassign the worker (Shulchan Aruch, CM 335:1). In this case, all agree that pl could not work with ry, and pl’s "solution" that def fire ry is not to be taken seriously in this context. Therefore, from the time that pl rejected def’s offer to receive pay for other responsibilities, pl is no longer entitled to pay.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
711 - Did the Realtor Help? - part II
712 - Is Continuing to Work in a Different Capacity Like Being Fired?
713 - Who’s Responsible for the Leak?
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 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 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 P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 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.
