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Payment for Linkage to the CPI and Lost Income
It is accepted practice in batei din that damage payments are not linked to the CPI (inflation rate). However, when a negligent worker causes his employer to lose profits, he is required to compensate for these losses. Under such circumstances, even if it involves a case of one who deals in financial matters, such as a person who is supposed to invest someone’s money, the calculations will include linkage and interest.
Ribbit for Late Payment
There is a machloket among the poskim if governmental agencies are allowed to obligate those who pay late penalty interest payments and to collect them.
P'ninat Mishpat (831)
Rabbi Yosef Goldberg
39 - A Review of the Year’s Piskei Din
40 - A Review of the Year’s Piskei Din
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Abrogation of a Work Contract by the Employer
One who hired a worker and backed out is considered to lack trustworthiness (mechusar amanah). If the abrogation causes the worker losses (in wages), the employer has to compensate the loss unless the change in plans was due to extenuating circumstances. When plans were changed because the work turned out to be economically not worthwhile, it is not considered mechusar amanah to cancel the related workers. However, when the change causes the worker losses, the employer still has to compensate.
The calculation of losses takes into account the fact that when the work ceases and the worker does not replace it with other work, he has vacation. He is therefore paid as a po’el batel (an idle worker). In other words, we reduce from the salary due the amount of money one would pay to have vacation. In this regard, there is a machloket between recent poskim whether we look at the particulars of a case where one would not be as interested in vacation as the average person (e.g., if he is in great need for money or other reasons).
Abrogation of the Agreement by the Worker
A worker for a set time can quit in the midst of the period. However, if this causes the employer to employ other workers to prevent losses, the employer can deduct those expenses from the accumulated partial wages due to the worker who quit prematurely.
Estimating Work Whose Value Was Not Discussed in Advance
When there was no discussion of salary before work commenced, the worker is paid according to the lowest level on the market. However, when there was an ongoing work relationship between the two, we estimate the work in light of the prevailing standard of pay.
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 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: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 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)
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
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The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
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)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
