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Halachot Related to Coronavirus/COVID-19 Pandemic: Difference between revisions

From Halachipedia
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#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref>
#During the time then the plague of corona virus is rampant in the world there is a lot to rely upon to have tashmish. Someone who wants to be strict can do so.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949166/rabbi-ally-ehrman/is-tashmish-hamitta-permitted-during-the-coronavirus-pandemic-/ Rabbi Ehrman on yutorah]. Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 15) was lenient he said that the situation presently isn't one that rises to the level where we need to declare a fast. Also, since domestic violence recently has been on the rise because of the quarantines one shouldn't be strict in this area. </ref>


==Laid off Workers Because of Corona==
==Laid off Workers and Cancelled Contracts Because of Corona==


#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise.  
#If there's a employee that is unable to work because of a societal or national crisis the employees should continue to be paid by the employers according to many opinions or at least they should make a compromise.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]. Mordechai b"m 343 writes that if there's a decree in the town that the teachers can't teach the teachers should still be paid. Rama C.M. 321:1 cites this Mordechai and applies it to any worker in 334:1. The Sama 334:2 argues with the Mordechai and holds that since the employee can't work and both aren't at fault and both couldn't foresee this the employer is exempt. Netivot 334:1 limits the idea of the Mordechai to a teacher and not other employers since a teacher is paid for sachar betela (see [[Laws_of_Learning_Torah#Taking_Money_for_Learning_and_Teaching_Torah]]). Shach 334 holds that this opinion of the Mordechai only applies if majority of the town ran away because of a crisis but if only a minority runs away then the employee isn't entitled to payment. Aruch Hashulchan 334:10 has another approach. If the situation prevents the worker from working then he is entitled to pay but if he runs away then he isn't. Rabbi Zylberman explained from Mishpat Poalim we think that this is a case of Hamotzei Mchavero Alav Harayah, whoever is holding onto the money can claim that he is exempt from paying or returning the money. Rav Asher Weiss in Minchat Asher 2:106 says that they should make a compromise, and Rav Bleich ([https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_XIV_The_Intifada_and_the_Gulf_War.35?lang=bi&with=all&lang2=en Contemporary Halachic Problems v. 4]) thinks that we follow the Rama. Once the Chatom Sofer had a case in his town and he felt that they should pay but he couldn't force everyone to pay it so he told them to pay half. Rav Yona Reiss had a case where they made a compromise.  
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#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref>
#This applies to contractors for cancelled events as well.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/949287/rabbi-michoel-zylberman/coronavirus-and-laid-off-employees/ Rabbi Zylberman on yutorah]</ref>
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref>
#If someone rented out an apartment to someone and then he wants to retract because of a concern that the potential tenants have the virus, some say that it is forbidden to back out of the contract.<ref>[http://kol-barama.co.il/item/%D7%A4%D7%99%D7%A7%D7%95%D7%97-%D7%A0%D7%A4%D7%A9-%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94-%D7%A2%D7%A4%D7%99-%D7%94%D7%94%D7%9C%D7%9B%D7%94/ Rav Yakov Sinai] based on Rama in teshuva, Shach CM 312 and other sources</ref>
==Yeshiva Tuition==
See previous section about the background for this question.
# Even though the question of whether a person should pay tuition while it is closed is subject to debate a person should make sure to pay in full as the yeshivot do not have enough money and it is critical to do tzedaka at this time in order to save ourselves.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951789/rabbi-hershel-schachter/piskei-corona-27-the-importance-of-tzedaka-and-chesed/ Rav Schachter (Piskei Corona #27)</ref>


==[[Bikur Cholim]]==
==[[Bikur Cholim]]==