YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The defendant (=def) hired the plaintiff (=pl) and two friends to paint a home he wanted to rent out. Def promised to pay pl 25 shekels an hour and his friends 20. After a few days, pl quit because he found another job, prompting def to hire a different painter for 30 shekels an hour. The delay in finishing the work prevented def from renting out the home when he wanted, resulting in a loss of one month’s rent. Pl says that he would not have taken the job had he known the home was for rent; he demands full pay for the time he worked.
Ruling: A worker may quit his job in the middle without losing the accrued salary. However, if the employer has to hire a new worker for more money to avoid loss, he can withhold that extra amount over the first worker’s projected wages (Shulchan Aruch, Choshen Mishpat 333:5-6). Loss of income which would have been attained had the worker continued working justifies doing so (Chazon Ish, Bava Kama 23:22). This applies to our case where it was justified for def to hire a new worker for a higher wage to try to rent the home on time. Def though cannot deduct for the loss of the rental. Although pl denies committing to work for a month, def is believed to say that he did because if def was willing to lie, he could have said that he already paid pl (migo).
The Ramban (Bava Metzia 76b) explains that the reason an employer can deduct the new worker’s salary is that the first worker is assumed to accept such losses when he takes the job. Based on this, the Pitchei Choshen reasons that if the worker was unaware that quitting the job he accepted could cause losses, he is not liable for such measures. In our case, pl was unaware of that situation. Similarly, the Nachalat Tzvi (CM 291:24) says that the rules of deducting from the worker to pay for a new worker apply only when he was hired for something that was known to include a loss. In contrast, if he was hired for a multitude of tasks that happen to include some that include losses when one stops in the middle, he can quit without having money withheld.
Even according to Tosafot (Bava Metzia 76b) that the withholding of pay in this case is due to dina d’garmi (payment for semi-direct damages), there is reason to exempt def in this case. That is because: 1) The Rambam (Sanhedrin 6:1) says that one is obligated to pay for garmi only when he damaged on purpose; 2) Since def knew that there would be losses, he should have informed pl. We cannot make pl lose for doing something that was not within his control to know.
Regarding calculation of his pay, the majority opinion was that since pl received more than the going rate, it is logical that this was on the understanding that he would in fact carry out the full project for which he was hired. Therefore, he will be paid for the work he did only at the rate of 20 shekels per hour.
P'ninat Mishpat (832)
Rabbi Yosef Goldberg
18 - Securing Confidential Information
19 - Partial Pay for a Worker Who Did Not Complete a Job
20 - Overcharging of the Value of Reputation
Load More
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
fast navigation
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.
