YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
We ended off last time with the opinion of the Maharam that when a teacher is forbidden by the government to teach Torah he receives full pay, which implies that this is the rule whenever a makkat medina (a problem that affects many people) prevents work.
The Netivot Hamishpat (334:1) argues that in the Maharam’s case, although it was forbidden by the government for the teacher to teach, he could have served as a babysitter. Note that the reason a Torah teacher is permitted to receive pay (even though the mitzva of teaching Torah should be done for free) is that he deserves pay for watching the children. The teacher was willing to watch the children for the pay they decided on for teaching, and it is the parent who is unwilling to pay that price if he is unable to teach. Therefore, he deserves full pay. According to the Netivot Hamishpat, if the place of occupation is closed due to snow, even if the workers could come to work with difficulty, we must make the following distinction. If the workers are excused from work for their sake, then even in the case of the makkat medina they are not paid. If it is not worthwhile for the employer to pay for the upkeep for fear of inefficient work, it is the employer who is not interested in the work on that day and each worker is paid.
Let us now summarize: In contrast to a case where there are extenuating circumstances to a single worker, in a case where the extenuating circumstances are a makkat medina the workers may deserve pay. In this regard, a snowstorm is considered a makkat medina because it affects at least an entire city. There still is room to distinguish between a case where the worker can make it to work if he exerts himself and where he is incapable of reaching work because the whole city is shut down. However, when the situation is that the employer decides not to open the place of work, then at times, he will be responsible to pay.
We also saw different opinions regarding pay in the case of a makkat medina. Most understand the Rama to say that the worker receives full pay, while the Netivot Hamishpat says that the employer can back out of the employment agreement in such a case. Generally, in the case of snow, the employer is not interested in firing the workers but rather in reducing their salary due to lack of work on that given day. Therefore, the Netivot Hamishpat is likely to agree that they get full pay. The S’ma is of the opinion that the worker would get only half pay. In practice, most accept the Rama’s ruling on the matter and therefore it seems that the employer should pay a full salary to a worker for days lost due to snow.
P'ninat Mishpat (826)
Various Rabbis
43 - Workers Who Could Not Work Due to Snow
44 - Workers Who Could Not Work Due to Snow
45 - Workers Who Missed Work Due to Illness
Load More
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
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.
Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
