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The defendant (=def), the director of a pre-school for an NPO (non-profit organization), discussed with the children’s parents, including the plaintiff (=pl), that the NPO had lost the rights to land for a new building. Pl offered to lobby for an extension, which he ended up doing successfully. He claims that def promised that if he succeeded, he would be appointed the project’s contractor. As proof, he provided a letter from def that refers to him as the contractor. Def explains that pl volunteered to help the school and requested a letter, which pl even dictated to her, to show his involvement to enable him to intercede on their behalf.
Ruling: There are three possible reasons to consider pl to have been hired by the NPO as the project’s contractor. 1) In regard to work agreements (as opposed to sales), an oral agreement along with the beginning of the work form a binding kinyan. One can claim that the efforts with the municipality are the beginning of his work. However, since it is common for one who is being considered for a project to be involved in preliminary discussions and planning for the project before he is hired, his actions do not constitute the beginning of work.
2) A document can serve as a kinyan regarding obligations to workers (Pitchei Teshuva, Choshen Mishpat 333:1). However here, def claims that the document was not written to bolster an oral agreement but to indicate to others that a relationship already exists. A shtar re’ayah (document of proof) does not create an obligation, so the letter does not change anything. Since def has a logical explanation for the letter’s existence, it does not prove that a kinyan existed.
3) If a public group obligates itself to something it cannot back out (Shulchan Aruch, CM 204:9). R. Akiva Eiger (to CM 333) says that this applies to matters of employment as well. The Netivot Hamishpat says this is true when we can interpret the obligation as a neder (oath). An NPO has a status of a public group and so their employment may not lend itself to backing out. However, the director of the pre-school does not have authority to decide for the NPO which contractor will perform the work needed. Furthermore, the document could not serve as a binding kinyan as long as basic matters of salary and conditions, which traditionally are included, were not addressed (see Shulchan Aruch, CM 209:2).
However, one who was asked to do a service is entitled to pay commensurate to the gain he provided even if pay was not discussed (Shulchan Aruch, CM 375:4). We do not presume without proof that the work was done for free (see Rama, CM 264:4). This is especially true here where def requested help and is not affected by the fact that pl’s s son is enrolled at the school. Therefore, pl should be paid according to the value of his involvement in obtaining the building extension.
P'ninat Mishpat (829)
Various Rabbis
67 - Severance Pay for Not Working on Chol Hamoed
68 - Enforcing a Work Agreement
69 - Work Under a Questionable Agreement
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 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
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
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.
