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Torah & Horaah — Chukas 5784

Выпуск: Torah & Horaah — Chukas 5784. Темы: не определены автоматически. D iN our site: WWW.dinonline.org.il THE TORAH& INTETNATIONAL BEIS HORAA The Institute for Dayanim HORAAH And under the auspices of Beis Horaah in memory of Baruch and Bracha Gross Chukas 5784 294  Question in Choshen Mishpot  By Rabbi Yosef Fleischman Builder was Late and Then the War Began Question I bought an apartment a few years ago in Israel. A case that is discussed by the Yerushalmi and The Yerushalmi (Kiddushin 1, 2) rules that is cited by many Rishonim concerns an eved if the slave runs away and then becomes ivri-a Jewish slave who is supposed to work for sick for even less than three years he must six years. not work for up to (and including) three years, The Yerushalmi states as its reason that the he does not have to work after the six years owner can claim that perhaps the slave would 1 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org not have become sick had he not run away. alternative employment, the community must Furthermore, even if he first took ill and then pay the rabbi even if, after they abrogated ran away while ill, he must compensate for the their agreement, a plague broke out making all of the time, including the time he was sick, life in the town impossible. out, they would not have to pay the rabbi anything further, since the penalty had already The Gemara (BM 77) rules that a worker who been imposed prior to the outbreak of the quits his job in a manner that will harm his plague they must continue paying the penalty employer must compensate his employer that was imposed. The Sha'ar Mishpot (333, 1) searched to find a source for the Ramo's The Tosafos Yerushalaim, based on the ruling of decision and finally concluded that the the above Yerushalmi, rules that if the worker Yerushalmi seems to be the source of the quit and then an unforeseen circumstance Ramo. He argues that the Yerushalmi employee to quit, the employee must still writes that its rationale for obligating the pay the penalty, even though he could have slave to work even for the time that he was stopped working anyway when the unforeseen sick is because the owner can claim that circumstances occurred. He argues that this can only apply of the Tosafos Yerushalaim and explains that if the unforeseen circumstance affected one the rationale

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Torah & Horaah

Дата

12 июля 2024 г.

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4