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 (831)
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: 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: Late and Flawed Apartment
based on ruling 82174 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
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
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
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.
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.
