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- The Coronavirus Pandemic
Answer: [The answer (written on Jan. 15, 2021) is a short, general, fundamental one and should not be seen as giving the whole picture regarding claims in a specific case. It also can be impacted significantly by local law and health policies, which may differ by location and by changes in the situation and scientists’ knowledge on the subject. Our general instruction is for all to follow public health guidelines and consensus (see Shulchan Aruch, Orach Chayim 328:10). At this point (with 30 million given worldwide), vaccination appears safe and effective and enjoys medical consensus.]
Bemare Habazak - Rabbis Questions (652)
Rabbi Daniel Mann
449 - Challot on the Table for Kiddush
450 - Workplace Requirement for Vaccination
451 - Purim Meshulash
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We now turn to the efficacy of the waiver. The rule is that conditions on monetary obligations are binding (Ketubot 56a), and written commitments are a strong way of formalizing commitment (see Ketubot 101b; Rama, Choshen Mishpat 12:7). Sometimes a conditional agreement is not binding because the one committing may not have believed the situation would occur (asmachta – see at length in Shulchan Aruch, CM 207). This is apparently not a problem here (analysis is beyond our scope).
On the other hand, one who is coerced into a one-sided commitment (e.g., waiving damage claims) is not bound to it if either he made a moda’ah (a formal statement nullifying the step taken due to another’s coercion) or he has proof of coercion (Shulchan Aruch, CM 242:1). It would not be coercion if the employer had the legal/moral right to force the worker to take a vaccine if he wanted to be or remain employed. (This can depend on too many factors to discuss here, including governmental regulations employed to deal with the health crisis, which fall under dina d’malchuta powers (see Rama, CM 369:11).) When the employer has the right, it is worker’s decision whether he wants the job enough to accept dictates he opposes, and a decision based on a difficult situation rather than coercion initiated by a person is not halachic coercion (see Bava Batra 47b).
There is some chance of late-emerging bad news on coronavirus vaccine safety, and a given person can end up being the "one in a million" with a serious reaction. However, our mentor, Rav Zalman Nechemia Goldberg z.t.l., taught an important idea about medical malpractice (see Techumin vol. XIX, p. 320). The discussion of malpractice applies only when there was a mistake, considering the situation. When a doctor recommends/performs a procedure that is correct based on benefits vs. risks, and it failed based on no clear mistake, there is no basis to sue. Claims must be based on p’shi’ah (negligence). When a patient is part of the minority of people for whom the risks come to fruition, the one giving the medical advice is not culpable. Therefore, in our case, the waiver is unnecessary, as the boss should not be culpable. If the waiver makes the boss feel good or protects him from a non-halachic legal suit, so be it. If the FDA and its counterparts turn out, chas v’shalom, to have done their job poorly, suits can be made against governments.
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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.
Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
