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Ruling: Payment for hosting: Pl claims that he was asked one summer to oversee vacationers staying in the dormitory and was promised 3,000 NIS. He received 3,000 NIS soon thereafter, but the paystub called it a studies stipend. (Def’s rosh yeshiva (=ry) promised to help pl study towards an MA, because pl had planned to get one quickly, and def asked him to delay it in order to dedicate himself to def.) Def said that the stipend was only if pl would stay a year longer than he did. One administrator (adm1) confirms pl helped with vacationers, and ry admits he promised a stipend but does not know if def’s director approved it, as necessary. Since the paystub mentions the stipend, we can assume that the stipend was approved by def, and since adm1 admits that pl worked with vacationers, pl deserves both. Since the 3,000 NIS was only paid once, pl deserves another 3,000 NIS.
15% salary supplement for running dormitory: Pl says that he deserves this based on the collective bargaining agreement. Def says that the paystubs mention a 5% payment for "supervising the dormitory" and a 10.4% payment for "being on call" (which is the reason there is a supplement for dormitory supervisors). Beit din’s research shows that there are two different incentives – one for general "on-call" duty in counseling roles (12%) and another specifically for supervising a dormitory (15%). Def claimed that the fact that pl was given pay-level 16 should compensate. However, when def agreed to include pl in the collective agreement, that obligates in its elements, whereas level 16 impacts on a wider variety of elements. The two should not be seen as mutually exclusive. Therefore, pl deserves a 27% supplement and has received only 15.4%. Beit din’s expert calculated that this comes to 19,107 NIS.
Def’s claim that pl was overpaid 40,338 NIS – There is no demonstrated connection between pl’s rights to his claim and the claim that he was overpaid. Because the money was given by def without clear conditions, they cannot demand it back even if it were true that they would not have given so much if they knew about pl’s claims (see Pitchei Choshen, Kinyanim 17:(56)). Def admits that he was not involved when the early agreements were made, and therefore there is no way to know what def had considered that pl was deserving.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
725 - A Request for Turkish Protection
726 - Unpaid Worker’s Compensation
727 - P'ninat Mishpat: Compensation for Transfer of Business to One Partner
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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 P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 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 Who Breached the Contract? – part IV
Based on ruling 81087 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: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 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: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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Israel and the Nations A Few Minutes & Many Innovative Ideas on Antisemitism & What to do About It
As we approach the High Holidays, this short lecture (18 minutes) deals with the unfortunate situation of how Israel and the Jewish People stand against antisemitism, analyzing its cause according to Rav Kook, and how to deal with the issue pragmatically & via our prayers.
Ha'azinu PURSUIT is PERFECTION
p. Ha'azinu, Shabbat Shuva
Rav Kook deals with the question of the seemingly hopeless nature of Tshuva. For G-d Himself knows that He created us with free will, which inevitably means we will sometimes make mistakes and choose wrong. This can easily be frustrating, freezing us into inaction and ye'ush (loss of hope). If one sins even once, does he chalila have no choice but suicide?! Moreover, our Godly conscience demands justice, righteousness and perfection, but we all know this is impossible, so what's the solution? Rav Kook's innovative thinking, strongly based on chazal (our sages), offers an inciteful and important aspect to this topic, especially this time of year!
Sukkot Bug-Free Sukkah: Essential Halachic and Practical Schach Guide
How to inspect, clean, and store bamboo mats and palm branches to protect your mitzvah and holiday meals.
