YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Everything we have discussed to this point is according to the halacha as set down in the gemara. However, even the Tashbetz would agree that the matter is affected in our time and place (Israel) by the corresponding legislation on the matter, i.e., The Law of the Payment for Illness. Unless we know otherwise, we can assume that one who hires a worker has in mind to follow the law of the land in this regard and, therefore, he would be required to pay for sick days as the law subscribes, or alternatively as it is customary in a certain place of work. However, in a place where there is apparently no clear practice, it is logical that the parties should follow the law as set down in the Torah sources. The Rosh would presumably agree that when one works in a structured place of work that usually gives sick days, the situation would be one where the employer and employee obligated themselves in this regard as is written in the law or as is customary.
A significant matter of halacha arises in a case where the employer paid in advance. The Rama (Choshen Mishpat 333:5) says that if the employer paid the worker in advance he cannot reduce the salary and thereby demand the worker to return some of the salary. Rav Binyamin Rabinowitz (Hatorah V’hamedinah IX) explains that the difference of whether or not there was advance payment stems from it being a sign of a different type of business agreement. When he pays in advance, it is as if he obtained the body of the worker, making him similar to an eved ivri. Regarding an eved, the employer is the one who is impacted by the inability of his "property" to be productive. Therefore, if he became ill, the employer cannot demand back his salary. In contrast, when the employer pays after the work is done, the worker’s body is not in any manner considered acquired. Then even if he was already been paid in full (after the work), the employer can demand back that which he mistakenly paid corresponding to time that the worker did not work due to illness.
P'ninat Mishpat (829)
Various Rabbis
46 - Workers Who Missed Work Due to Illness
47 - Workers Who Missed Work Due to Illness
48 - Workers Who Missed Work Due to Illness
Load More
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: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 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
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.
