Rav Baruch Fried Case: Reuven was in the middle of working out a complex business…
- As playgroups and babysitters are closed. Do parents have to pay tuition? If yes, how much?
The starting point for these kinds of questions is the Chasam Sofer, which as mentioned in the previous shiur, in the case of a Melamed, said there should be a Peshara (Compromise) of 50/50.
Answer- The Batei Din in Lakewood have issued a suggestion of 25-33% per month for April, May, and June. (Assuming that the virus lasts through then)
There are two reasons why this is different.
- This suggestion came out towards the end of March and the check for that month was likely already cashed. That being the case, the amount for the following months was including a “partial refund” for the end of March.
- The Halacha of a Poel Ubatul, which says that even if a worker is due payment, there is an inherent difference when one is not working, and can relax at home, and they therefore get less because they would take less money to do that rather than work. . This is different from the Chasam Sofer because Poel Ubatul would not apply, as the assumption is that the Melamed would not take any pay cut, because he much rather work and teach Torah.
There are two other points that must be taken into account as they can have an effect on the above suggestion.
- If the Morah’s were working to give out Pesach booklets, or similar items, and/or did an hour or so of conference time a day, they would get a bit more.
- If the Morah is getting unemployment from the government, it could be that this would not apply, as they are getting the money from another source.