- Sections
- Chemdat Yamim
- P'ninat Mishpat
940
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 (781)
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
Load More

P'ninat Mishpat: End of Tenure of Development Company – part I
based on ruling 77097 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Tammuz 5785

P'ninat Mishpat: Rental of an Apartment that Was Not Quite Ready – part II
based on ruling 82031 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Iyar 5784

P'ninat Mishpat: Amounts and Conditions of Payment to an Architect – part II
based on ruling 83061 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Sivan 5785

P'ninat Mishpat: Normalizing an Agreement that Becomes Absurd
based on ruling 83069 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Sivan 5785

Explaining the Other Laws of the Three Weeks
Rabbi Yirmiyohu Kaganoff | Av 2 5768
Israel's International Relations in the Bible
Rabbi Abraham Wasserman | 7 Adar 5784

It’s About Time - The Bracha of Shehechiyanu
Rabbi Yirmiyohu Kaganoff | 5770

Shaving and Haircuts during the Three Weeks
Rabbi Yirmiyohu Kaganoff | 5768
