YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Mahari Bruna (134) and the Tzitz Eliezer (II, 26) hold that when a worker is sick but is able to work with a lower level of efficiency (perhaps even with reduced hours) he receives full pay. Their proof is from the gemara regarding an eved ivri, which says that although an eved who is sick for more than three years has to make up the time, if he was able to work at light jobs, he does not have to make up the time. The Tzitz Eliezer assumes that the same is true of a regular worker.
However, logically there is room to distinguish between the gemara’s case and that of a regular worker. An eved does not come to an agreement in advance with his owner as to which tasks he will be responsible for. Rather, he is obligated to do everything that he can that the owner wants. Therefore, whatever work he is capable of doing is considered a fulfillment of his servitude. In contrast, a standard worker is hired for a specific job. If he is unable to do this job according to the minimum specifications, then he is not fulfilling his obligations and may not deserve full salary. This is the implication of the Ritva (Kiddushin 17a).
Let us now summarize that which we have learned. An eved ivri does not have to make up for time he misses due to illness unless he misses more than half of his stint as an eved. There is a machloket Rishonim regarding if a regular worker has the same parameters in this regard as an eved or whether he normally is not paid for the work he misses due to illness. Exceptions to the rule would be in places where there is an accepted practice to pay for sick days and in a case where it is evident from the situation that the employer relinquishes his rights to compensation for the work missed. It also appears that if illness makes a worker perform at a lower than expected level of efficiency, he is also paid in full.
P'ninat Mishpat (829)
Various Rabbis
45 - Workers Who Missed Work Due to Illness
46 - Workers Who Missed Work Due to Illness
47 - Workers Who Missed Work Due to Illness
Load More
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 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
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
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.
