YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
- Jewish Laws and Thoughts
- Health and Safety
- 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 (654)
Rabbi Daniel Mann
449 - Challot on the Table for Kiddush
450 - Workplace Requirement for Vaccination
451 - Purim Meshulash
Load More
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.
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
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.
