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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 (826)
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
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P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.