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Discontinuing the Employment of A Melamed

Question: If I could trouble you for an indication of minhag botei dinim in EI and USA with regard to the sacking of a Melamed where it seems the Melamed is academically and teaching-wise competent but it seems that the school board don’t want him for one or both of the following reasons: 1)    hashkofodig too shtark for […]

Severance Pay For An Employee Who Didn’t Work Well

Question: I have a worker in my clothing store for over 2 years now. Right in the beginning she was quite good, and we were both happy. Lately (already several months by now) her marriage problems that she had the entire time got much worse. By being overly busy with lawyers, her children, police emergencies, […]

Kinyan To Be Mechazek A Commitment

Question: Could you provide me with clear guidelines when we say that a maasei kinyan  is “mechazeik devarim” and therefore not a  ”kinyan Devorim bialma”? For example, Shut Ritva 117 (partially quoted by BY 333) states that an employment contract is binding because of the kinyan (and we do not say עבדי הם…), whereas the Shach there (14) says that […]

Backing Out of A Commitment When Not Given Opportunity To Proceed

Question: I received deposit and signed contract to build and sell house to Joe. I could not build because neighbor of project pulled me in to litigation both secular and din torah. This has been going on for about 7 years now with no end in sight. I would like to return deposit to Joe […]

Barking Dog

Question: My neighbors have a dog that barks into the night, waking up my kids sometimes, and disturbing everyone in the area both day and night. They are two k’nisas over, and I can’t imagine they don’t realize that this is bothering people, they clearly don’t care. Is it mutar for me to poison and […]

Ani hamehapech – snatching a deal

Question: I approached the prospective seller of an apartment intending to close a deal to purchase it, only to find him seated with another person interested in the apartment. I am familiar with the principle of עני המהפך בחררה, according to which it is ethically reprehensible to snatch a deal from another Jew when I could […]

Din or Peshoro?

Question: When litigants sign a Shtar Borrerus (Deed of Arbitration) in Beis Din, it usually states that the Dayanim are given the authority to rule either according to the strict Din or by way of Peshoroh (compromise). Why does Beis Din not rule always according to the Din? Answer: Our shtar borrerus has a clause […]

Is a Beth Din required to provide a reason for its ruling?

Question: Is a Beth Din required to provide a reason for its ruling? Answer: According to the Halacha, usually a Beis Din is not required to provide a reasoning for its ruling. If, however, the Dayanim perceive that the losing party suspects that the Beis Din has ruled against him for unfair reasons, the Beis […]