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Ruling: A worker’s requirement to work diligently for his employer is so basic that the mishna does not spell it out. The Rambam (Sechirut 13:7, accepted by Shulchan Aruch, Choshen Mishpat 337:20), refers to incomplete work as "stealing the work of the employer," and the Maggid Mishneh says that the source is: "It is simple." Chazal do give examples of prohibitions on improper moonlighting and tell stories of those who excelled in their care (see Tosefta, Bava Metzia 8:9).
One can wonder what it is that the lazy worker is stealing – the work due the employer, as the worker becomes acquired to a certain degree, or the money he needs to pay? There is actually a machloket Rishonim whether there is some element of a worker being acquired (Rambam, Mechira 13:15) or not (Tosafot, Kiddushin 17a), unless he is an eved ivri (see Netivot Hamishpat 203:7). Mesilat Yesharim (Nekiut, 11) sees it the first way, and the Tashbetz (III:109) sees it the latter, saying that he may not have to work, but then he cannot ask for pay for what he did not do.
Pl admits to not doing the amount of work he was contracted to do, and this was incorrect behavior. However, this does not enable def, after years of pl’s work, to demand back that which he paid. Rather, def continued to employ pl without even warning of the consequences of his work habits, even though he was aware of them. This engenders mechila (relinquishing of rights) on the arguably extra money that he paid. Apparently, def indeed decided that pl’s partial work was worth the money he was paying for it. Therefore, this attempt of def to subtract for alleged overpaying is rejected.
Many other claims of def for faulty work by pl were rejected due to lack of evidence.
P'ninat Mishpat (834)
Beit Din Eretz Hemda - Gazit
847 - P'NINAT MISHPAT: A MESS OF LOANS, REPAYMENTS AND GRIEVANCES – PART III
848 - P'NINAT MISHPAT: A MESS OF LOANS, REPAYMENTS AND GRIEVANCES – PART IV
849 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART I
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Beit Din Eretz Hemda - Gazit
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#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Connecting Disciplines in Torah Study
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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: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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Hosha'ana Rabba FLYDUBAI & HOSHANA RABBA- ANI VAHU HOSHIA NA- I & HIM SAVE US
"Ani vaHu Hoshia Na", "I and Him, Save Us". We don't just pray to Him, but we also pray to and for ourselves that we should emulate and educate our children to have that instinctive altruism with which He created the world. President Trump seemed amused about Yaniv Hayon, our PLUMBER who confidently worked with G-d like Superman (he learned from a pilot on a TV show!) to save 174 lives on the Dubai hijacking, but we in Israel are totally accustomed already 78 years to our plumbers, teachers, garbage-men, rabbis, farmers & doctors being Hashem's shlichim! This is what Zionism is about.
Moreshet Shaul Hashem Is your Shadow – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
P'ninat Mishpat A Non-Contractor in Changing Times – part I
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Our King on Rosh Hashana, Our Father on Yom Kippur.
Based on Aroch Siach, p. 221 (Rav Shaul Yisraeli)
