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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 (832)
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: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
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The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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: 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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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Parshat Re'eh
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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
