Excessive Payment for Lateness
Question
Shalom u’vrachah,
A question in the laws of monetary matters:
I study in a seminary for continuing studies (grades 13–14), in a professional track that includes many hours of study.
As part of the studies, an 80% attendance requirement was set, and the institution determined that anyone who exceeds the quota of absences or latenesses is required to pay a monetary charge for each lateness. I am now being asked to pay 500 NIS (and there are other students who are being required to pay 1,200 NIS).
At the beginning of the year, we signed the study regulations, in which the matter of attendance and sanctions was mentioned, and it is possible that fines were also discussed in general terms. However, in practice, it was not clarified to us, and we did not know, that the sums involved would be so significant and high. In addition, the institution is asking that the payment be collected in cash.
My parents pay extremely high tuition fees (over 30,000 NIS), and now we have been told that if the above-mentioned charge is not paid, the delivery of the official professional certificate (a MAHAT diploma) will be withheld.
We would be grateful to receive the Torah’s view:
Does an undertaking to pay fines of such amounts have halachic validity when the exact amount was not known and clear to us at the time of signing the regulations?
According to the law, is it permitted to withhold a student’s professional certificate because of such a demand for payment?
How should we act in this case?
With blessings
A question in the laws of monetary matters:
I study in a seminary for continuing studies (grades 13–14), in a professional track that includes many hours of study.
As part of the studies, an 80% attendance requirement was set, and the institution determined that anyone who exceeds the quota of absences or latenesses is required to pay a monetary charge for each lateness. I am now being asked to pay 500 NIS (and there are other students who are being required to pay 1,200 NIS).
At the beginning of the year, we signed the study regulations, in which the matter of attendance and sanctions was mentioned, and it is possible that fines were also discussed in general terms. However, in practice, it was not clarified to us, and we did not know, that the sums involved would be so significant and high. In addition, the institution is asking that the payment be collected in cash.
My parents pay extremely high tuition fees (over 30,000 NIS), and now we have been told that if the above-mentioned charge is not paid, the delivery of the official professional certificate (a MAHAT diploma) will be withheld.
We would be grateful to receive the Torah’s view:
Does an undertaking to pay fines of such amounts have halachic validity when the exact amount was not known and clear to us at the time of signing the regulations?
According to the law, is it permitted to withhold a student’s professional certificate because of such a demand for payment?
How should we act in this case?
With blessings
Answer
Shalom u’vrachah
Since it was agreed in advance that there would be a payment for lateness, and you did not request details, they have the right to set a price that seems appropriate to them, and you do not have the right to object.
Source
Ruling of our teacher Rabbi Amram Fried shlita
Comments
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