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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 (832)
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: Agricultural Water Rights – part I
based on ruling 84122 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
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)
Rabbis in Midrash
Lessons
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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)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
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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
