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Q&A: A Claim for Compensation Over Isolation

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

A Claim for Compensation Over Isolation

Question

What does the Rabbi think of Rabbi Yaakov Ariel’s ruling, which says that one should demand from a teacher who was not vaccinated and caused students to be placed in isolation

 

compensation under the categories of lost time and pain and suffering?

https://www.yeshiva.org.il/ask/127118

Answer

There is definitely room for that, although it is not really compelled (questions of indirect causation, as against the principle that a person is always considered forewarned and liable).

Discussion on Answer

Copenhagen Interpretation (2021-03-01)

What is the teacher guilty of, if the state is putting them under house arrest through no fault of their own, like the worst dictatorships? According to all the studies, corona is much less dangerous to children than the flu. Let them sue whoever is putting them there.

The Final Decisor (2021-03-02)

His ruling causes far greater suffering.
All the more so since this is a ruling issued maliciously, with the aim of causing suffering, and knowingly.

By contrast, the despicable ruling aside, the teacher who infected others was simply infected by someone else unknowingly and infected others unknowingly. For that, the responsibility lies with the decision-makers and the public leaders in the state.

Copenhagen Interpretation (2021-03-02)

Over the course of life, all kinds of pathogens enter and leave people’s bodies endlessly. For that purpose, the Creator bestowed on man (or billions of years of evolution, if you prefer) an immune system designed to attack them and clear them out. SARS-CoV-2 is one of the viruses that a normal immune system is built to deal with successfully. What is the proof? Despite a high infection coefficient, there is no plague (no excess mortality).

As long as the existence has not been proven of a pathogen that a healthy immune system is not built to cope with, responsibility cannot be imposed on a person who behaves in a normal human way—such as talking, giving classes, walking in the street, or sitting at a concert—for infecting others. That is the normal situation. A person is not supposed to check himself every moment in case he has some virus that another person’s immune system is incapable of handling.

If someone knows that his immune system is not in good shape, he should take measures intended to strengthen it (good levels of vitamin D in the blood, exercise, proper nutrition, and the like), or in more serious cases, actions meant to reduce the chances of infection, such as hydroxychloroquine once a week or quinine as prevention, or even some level of time-limited social distancing (if at all, since a poor mental state that may result from such distancing weakens the immune system drastically according to studies, and the opposite as well)—and not impose restrictions on those who behave in a normal human way.

In the end, this is even more beneficial to those with weakened immune systems, since without coercive mechanisms intended to suppress healthy social activity, immune balance is achieved more quickly in the population, there is less chance of mutations, and the period during which such people are exposed to infection is reduced.

השאר תגובה

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