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The main discussion in the gemara is about the power of the connection between employee and employer. How is it created? Under what conditions can one abrogate the agreement? What compensation is provided to one side when the other does not fulfill his obligation?
The baraita (Bava Metzia 76b) states: "One who hires craftsmen and they deceived the employer or the employer deceived them, neither has rights to the other beyond taromet (moral grounds for grievance). When are these words said? When they did not go, but if donkey drivers went and did not find grain, or workers went and found a moist field, they have to pay their salary in full. However, one who comes [back] with a load cannot be compared to one who comes empty-handed, [nor can] one who does work [be compared to] one who sat idly by." The rule then is that if the workers just went to begin their work, the employer already became obligated to employ them and cannot back out. However, until that point, neither side is obligated to the other, beyond the matter of taromet considerations. Many Rishonim (including the Nimukei Yosef 46b in the pages of the Rif) say that the beginning of the job is like a kinyan (an act of finalization).
Tosafot points out that, at times, an employer cannot back out even before the worker sets out to begin his task. In a case where, due to prior agreement between the parties, the worker turned down other employment opportunities and if the employer backs out they will be unable to replace the work with another job, the employer must compensate the worker for the lost income even if the work was not begun. Tosafot explains that the reason for this compensation is the laws of garmi (semi-direct damages). The K’tzot Hachoshen (333:1) asks that we find obligations of garmi only for losses. In this case, though, the worker does not lose something existing but just does not have the opportunity to gain as he might have. Indeed he cites Rishonim who do not make such an employer pay. The Ramban says that the payment is not one of damages but stems from an obligation that an employer tacitly accepts upon himself to pay should the situation arise. The Netivot Hamishpat (333:3) says that the obligation is only of rabbinic origin, designed to deal with a social problem.
P'ninat Mishpat (826)
Various Rabbis
59 - Regretting Allowing a Relative to Testify
60 - The Foundations of the Laws of Hiring Workers – part I
61 - Mi Shepara
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P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part I
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 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.
