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The Tashbetz explains the first opinion cited in Tosafot in the following manner. Someone who acquires an eved ivri for a matter of years knows that during that time, the eved will miss some time due to illness. If he anyway makes no stipulation as to recovering that loss, he accepts the almost inevitability as his loss. In the same way, one who hires a worker for a long period of time can assume that the worker will miss time for illness, and if he does not stipulate, he has to pay in full. Based on this approach, the question from the gemara in Bava Metzia is not difficult. There it is talking about one who hires a worker for a matter of days. In such a case, he does not need to expect that specifically at that time, the worker will get sick, and his lack of stipulation does not infer acceptance of the obligation to pay for times when he did not work.
Even according to the Tashbetz, there is a gray area, when the employment period is longer than a few days but shorter than years. When would we say that the period is long enough to require the employer to stipulate or lose, and what is considered a short employment where he has to pay only for the time he worked? One can draw the line at a year, which is the cutoff point according to Israeli law. The Rosh (cited by the Rama, CM 333:5) has another compromise position, that an employer can take off for time missed, but if the worker returned to the job without the employer informing him that he would reduce his salary, he relinquished his rights to do so. The Shach (333:25) argues and says that silence on the matter is not deemed as relinquishing of rights.
P'ninat Mishpat (826)
Various Rabbis
47 - Workers Who Missed Work Due to Illness
48 - Workers Who Missed Work Due to Illness
49 - A Father’s Rights in His Children’s Monetary Assets
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P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 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.
