Halachot Related to Coronavirus/COVID-19 Pandemic: Difference between revisions
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Halachot Related to Coronavirus/COVID-19 Pandemic (view source)
Revision as of 20:02, 17 April 2020
, 17 April 2020→Laid off Workers and Cancelled Contracts Because of Corona
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==Laid off Workers and Cancelled Contracts 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. [https://businesshalacha.com/en/business-weekly/archive/545 Rabbi Orlian on the Business Halacha Weekly (Shabbos Hagadol 5780)] writes that basically the one cancelling doesn't have to pay and there is a case to be made for a refund, however, one should compromise. | ||
*Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</ref> | *Rav Asher Weiss (Zoom Conference, March 22 2020, 11am, min 21-25) thought that one should compromise and give the workers who aren't working 30% of their pay. This applies Jewish and non-Jewish workers. This is based on the Rama and Sama CM 221. As for the day schools and daycares that are closed and not providing services one theoretically should be exempt. Since it might be devastating to the schools one needs to wait until the government makes a decision. Either way, we should wait until there is a major decision from the government or authorities and follow that. Until then for the schools we should pay so that the teachers can have a salary for their [[parnasa]].</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> | #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> | ||
