Tuesday, August 11, 2020

New coronavirus restrictions include relaxed rules for workplaces and other restrictions and Maybe G-d is an essential Service and EU Pouring Millions into Illegal Arab Construction in Area C While Bibi, Gantz, Stand Idly By David Israel and Foie Gras Gets Glatt Kosher Stamp By JNS News Service and If Social Media Wants to Play Doctor, They Should Prepare To Be Sued for Malpractice and stop using the term Anti-semitism by Hanoch Rubel

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Put G-d back into the headlines

PUT GOD BACK INTO THE HEADLINES

In legal usage throughout the English-speaking world, an act of God is a natural hazard outside human control, such as an earthquake or tsunami, for which no person can be held responsible.

By contrast, other extraordinary man-made or political events are deemed force majeure.

Contract law

In the law of contracts, an act of God may be interpreted as an implied defense under the rule of impossibility or impracticability. If so, the promise is discharged because of unforeseen occurrences, which were unavoidable and would result in insurmountable delay, expense, or other material breaches.

Under the English common law, contractual obligations were deemed sacrosanct, so failure to honor a contract could lead to an order for specific performance or internment in a debtor's prison. In 1863, this harsh rule was softened by the case of Taylor v Caldwell which introduced the doctrine of frustration of contract, which provided that "where a contract becomes impossible to perform and neither party is at fault, both parties may be excused their obligations". In this case, a music hall was burned down by the act of God before a contract of hire could be fulfilled, and the court deemed the contract frustrated.

In other contracts, such as indemnification, an act of God may be no excuse, and in fact, may be the central risk assumed by the promisor—e.g., flood insurance or crop insurance—the only variables being the timing and extent of the damage. In many cases, failure by way of ignoring obvious risks due to "natural phenomena" will not be sufficient to excuse the performance of the obligation, even if the events are relatively rare: e.g., the year 2000 problem in computers. Under the Uniform Commercial Code, 2-615, failure to deliver goods sold may be excused by an "act of God" if the absence of such an act was a "basic assumption" of the contract, and the act has made the delivery "commercially impracticable".

Such events are possibly threatening the legal status of acts of God and may establish liabilities where none existed until now. Another issue in the law of contracts is whether the terms of contracts be complied upon in the case of an epidemic As we are facing now.

As a general principle of an act of God, an epidemic can be classified as an act of God if the epidemic was unforeseeable and renders the promise discharged if the promisor cannot avoid the effect of the epidemic by the exercise of reasonable prudence, diligence, and care, or by the use of those means which the situation renders reasonable to employ.

The phrase "act of God" is sometimes used to attribute an event to divine intervention. Often it is used in conjunction with a natural disaster or tragic event. A miracle, by contrast, is often considered a fortuitous event attributed to divine intervention. Some consider it separate from acts of nature and is related to fate or destiny.

When small business owners began to submit claims for economic losses due to the Pandemic of 2020, their claims were denied. Read your policy, was the response from their insurance companies. Your policy does not cover Acts of God.

Do Insurance Companies know something we don't know?

How do we know that God has not heard His children and, perhaps, has responded, instead, by snail mail?

In the last few weeks, the daily headlines have screamed of death by disease. But, consider what has not happened, as well.

There have not been any reports of mass shootings in schools, because the schools are closed.

There have not been any reports of attacks on houses of worship, because the houses of worship are closed.

Grocery workers have received raises in wages without going out on strike.

The price of gasoline has declined.

Ask yourself. If both churches and casinos are closed at the same time, something must be going on.

Maybe God has heard our prayers.

Maybe God is an essential service.

I am suggesting that the CEO of our souls has a place to play in our daily details. As we make our adjustments to the New Normal, we must be open to realities of the "Acts of God."

Yehuda Lave is an author, journalist, psychologist, rabbi, spiritual teacher, and coach, with degrees in business, psychology and Jewish Law. He works with people from all walks of life and helps them in their search for greater happiness, meaning, business advice on saving money, and spiritual engagement. Now also a Blogger on the Times of Israel. Look for my column

Love Yehuda Lave

Yehuda Lave, Spiritual Advisor and Counselor

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Stop using the word Anti-semitism by Hanoch Rubel

Destroying the evil of antisemitism: If we desire to live in a post-racial world, why do we persist in using a term invented to racialize the Jew as the basis for defining hatred against Jews?

Kabbalistic mysticism teaches that evil cannot be destroyed until it recognizes itself as evil and allows itself to be transformed into goodness. My question is how can the evil of antisemitism ever recognize itself when it is misnamed? The term antisemitism, hatred of all things Jewish, was invented in the 1880s by a German, Jew-hating journalist-sociologist, Wilhelm Marr, to serve two purposes:  to add a new layer upon traditional religious Christian hatred of Jews, Marr sought to create a scientific-racial basis to uniquely justify the hatred of Jews. Secondly, he wanted to create a term to serve as a euphemism to 'soften' the very idea of hating Jews.

Inexplicably, Jews allow our enemies to create the vocabulary for describing their hatred. Indeed, we have even created a veritable 'industry' to study antisemitism. Ironically, we are doing the same thing today, adopting the vocabulary of our enemies to define Israel as an 'annexer' and Jews as 'occupiers' in our own land, when our goal is to establish sovereignty to the land of Israel that is already ours.

When we misname evil and use terms such as antisemitism, occupation, annexation, etc., the evil of hatred cannot identify itself. Its' identity is unclear and evil cannot transform itself into goodness. For those who doubt the power of spirituality and,mysticism, I ask why has there been no material solution for ending the world's oldest, most enduring hatred? Surely, for people of good-will, and especially haters of Jews, we must look for an alternative, i.e. a spiritual solution to defeat the evil of hatred against Jews.

Moreover, it should be the Jew who controls the language used against us that is designed solely to obfuscate the truth. Antisemistm = HATE. Those who hate Jews, for all their sordid reasons; Nazis, communists, secularists, Islamists, Christians,BLM, gender deniers, radical feminists, Hamas, Hezbollah, etc., should know that when they look into a mirror, it is the ugly face of hate that is seen.

New coronavirus restrictions include relaxed rules for workplaces and other restrictions

No more than two passengers per car: Gov't passes new restrictions on
businesses, public areas, gatherings, general rules of conduct.

The Coronavirus Cabinet met on Sunday to approve new regulations on business activities, workplace attendance, public and private gatherings, as well as general rules of conduct in light of the continued spread of the coronavirus in the country.

The new measures will apply once the previous set of emergency regulations expires on Tuesday of this week.

The new regulations stipulate the following:

  • Individuals are to maintain a distance of at least two meters in the public sphere.
  • A ban on gatherings in public spaces; in private spaces and businesses – a limit of 20 people in open areas and 10 people in enclosed spaces.
  • The maximum number of passengers in private vehicles - two (in addition to the driver); if the vehicle has more than one row of seats, an additional passenger may be accommodated. If the passengers are from a single household, all those residing together may travel together.
  • Face masks must be worn in public, and signs must be posted in municipal facilities and recreational facilities indicating this requirement. Stores must refuse entry to customers without masks.
  • Each synagogue must appoint a person in charge of enforcing health directives.
  • In places where customers stand in line, places must be marked off in order to maintain social distancing. Transparent screens must separate customers from employees serving them.
  • Permissible occupancy in public areas or places of work: one person per seven square meters or in accordance with gathering limit (whichever is greater); restaurants or hotels: 35% occupancy according to number stipulated in the business license; group therapy in a welfare center - up to 15 participants; pools and mikvehs - one person per six square meters.
  • Deliveries must be deposited outside the door of their destination and not brought indoors by couriers.
  • In the event that a coronavirus-positive patient is found to have been in a public or business space, the Ministry of Health has authorized the closure of the space for the period of time necessary to disinfect the area and prevent further spread of the virus.
  • A blanket ban on the operation of: discos, bars and pubs, event halls (indoors and outdoors), recreational areas and amusement parks (including indoor ones), commercial jacuzzis.
  • Reopening of baby pools to be permitted.

These new regulations will enable cultural events to be held following consultation with the Director-General of the Ministry of Culture.

Workplaces that only admit employees will be permitted to accommodate more than 20 employees. Employees will be required to maintain health & safety guidelines to minimize the risk of contagion, and more exceptions to the rules will be granted in specific cases, in order to support the economy.

Rules that apply to workplaces:

A. Maintenance of social distancing directives.

B. Wearing face covering.

C. Use of personal equipment as far as possible.

D. Meetings of up to 50 participants to be permitted while adhering to Health Ministry guidelines.

If Social Media Wants to Play Doctor, They Should Prepare To Be Sued for Malpractice

Twitter and Facebook should not be restricting legitimate medical policy debate on their platforms.

By Adam Mill

Most people understand that the constitutional guarantee of free speech does not include falsely yelling "Fire!" in a crowded theater. A panicked mob can crush or trample weak and vulnerable people as the instinct to survive overtakes common decency. This maxim came to mind when Breitbart announced that Twitter and Facebook censored a press conference by actual doctors describing their life-saving lessons learned from treating actual COVID-19 patients.

Among the lessons discussed was the prophylactic use of a combination of hydroxychloroquine and other inexpensive therapies that seem to stop the dreaded disease from advancing to its deadly second phase. One doctor said she treated over 300 COVID-19 patients using the therapy. These patients included vulnerable patients with diabetes, heart conditions, and advanced age. She proudly announced she had not lost a single patient with the early intervention of this therapy. Additionally, COVID-19 failed to infect any member of her staff taking the therapy as a prophylactic measure. She warned that the misinformation about these therapies was causing people to die needlessly.

Another doctor spoke to the opening of schools. Young people, he said, are able to tolerate the virus very well. Opening schools poses little or no risk to children when compared to leaving them at home. Children are very unlikely to spread the disease to each other. And, astonishingly, a contract trace study revealed no example of a student infecting a teacher in the entire world.

A third doctor spoke to the public health effects of lockdowns. "Our suicide hotlines are up 600 percent," he said. He cited spousal abuse and alcohol abuse as two additional public health effects that the lockdowns have exacerbated. He recommended following the Swedish model of cautious reopenings of businesses and schools which yielded better results than the United Kingdom approach of a draconian lockdown. More people die under the UK model, he said.

According to Breitbart, Facebook justified censoring these doctors as follows, "We've removed this video for sharing false information about cures and treatments for COVID-19," Youtube and Twitter followed suit for alleged violations of the platforms' "COVID-19 policies."

Social media censorship of medical opinions is far more dangerous than the usual censorship of conservative political opinion. By censoring doctors, they're offering their own medical opinion to the public—that these cures won't work—and suggesting that it's "dangerous" to let patients (or other doctors!) hear the advice.

Are these censorship decisions being reviewed and approved by actual physicians? Because they're tantamount to playing doctor to the public.

If what these doctors say is true, then it is conceivable that patients who could have been saved by the advice will die. If what these doctors say isn't true, then the correct response is a rebuttal from properly-licensed physicians relying on the latest and best science (not censorship.) Indeed, Twitter expressly told Breitbart that the site's entire account would be limited because the video, "may pose a risk to people's health, including content that goes directly against guidance from authoritative sources of global and local public health information."

So not only is Twitter, which is not a medical provider, claiming that these actual doctors are wrong, Twitter is saying that patients following this advice could be at greater health risk. This is medical advice Twitter is offering to the general public. And if anyone dies as a result of this censorship, these social media giants will be responsible.

Social media should not be restricting legitimate medical policy debate on its platforms. It should not be permitting fearmongering while censoring advice from licensed doctors who actually have some demonstrated experience and claim success in fighting the disease.

A doctor who did this could be sued for malpractice. Why should these social media giants be immune from the same consequences?



EU Pouring Millions into Illegal Arab Construction in Area C While Bibi, Gantz, Stand Idly By By David Israel

Photo Credit: Amit Shabi/POOL

PM Benjamin Netanyahu and Alternate PM and DM Benny Gantz turn four blind eyes at the EU's violation of Israeli territories in Judea and Samaria.

The European Union and the Palestinian Authority on Tuesday launched another project financing illegal construction in the Palestinian Authority outposts in Area C, which according to the Oslo agreements are under full control of the State of Israel.

The assistance package will fund the completion of 16 projects in 15 illegal Arab outposts scattered throughout Area C, including the establishment of schools that help make those outposts permanent, paving new roads, building multi-purpose structures, digging water reservoirs, laying down pipelines, and building an electrical infrastructure.

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The total funds for this illegal program which violates decades-old deals with Israel reaches 15.2 million euros ($17.32 million).

"The European Union sees Area C as an integral part of the Occupied Palestinian Territories," said EU Representative Sven Con von Burgsdorff at the launch ceremony. "This position has been voiced for so many years and is translated into projects such as the one we are launching today. The EU's position in Area C is clear: we will not recognize changes in the pre-1967 borders, including in relation to Jerusalem, except for those agreed by both sides, and we do not recognize Israel's sovereignty over the territories occupied since 1967."

According to Regavim, the EU declaration describes the projects to be budgeted with the new funding as "humanitarian aid," but the construction and deployment of the infrastructure is carried out without seeking or obtaining the approval of the Civil Administration and the State of Israel – as required by law, including international law and the Oslo Accords on which the EU is a signatory…

Meir Deutsch, director general of Regavim, pointed out the hypocrisy of the EU statement which on the one hand, the EU claims that it condemns unilateral measures, and is willing to recognize only changes agreed on by both sides, while proudly funding projects that unilaterally create facts on the ground.

"Oddly enough, the EU is diverting the money of European taxpayers, in the midst of a global economic crisis as resulting from the coronavirus pandemic, in favor of creating new 'Palestinian villages' out of thin air, in strategic places in Judea and Samaria that were previously uninhabited," Deutsch said.

"If the Israeli government continues to turn a blind eye to blatant violations of international law in favor of the Palestinian Authority's wild takeover of the heart of the country, it will have a hard time convincing voters that it is a national or Zionist government. In fact, it will have a hard time convincing us."

And that, of course, is the correct takeaway from this report: the fact that the Netanyahu-Gantz government is turning a blind eye on these projects which are designed to wreck the plans for Israeli sovereignty over the settlements area. The Netanyahu-Gantz government is not only failing to fulfill its promise of sovereignty – everyone in Israel knew that dog wasn't hunting any time soon; it actually torpedoes the chances of a future, more able rightwing government to carry out the sovereignty move.


Foie Gras Gets Glatt Kosher Stamp

By JNS News Service

Photo Credit: Zsolt Demecs

Members of the rabbinic team at the ribbon-cutting ceremony at Csengele kosher slaughterhouse opening in Hungary, July 2020. Chief Ashkenazi Rabbi David Lau is at center; Chabad Rabbi Shlomo Köves of Hungary is second from right.

The Chief Rabbinical Council of Israel approved on Monday the importation of glatt-kosher certified foie gras to Israel—an item that has not been non-glatt-kosher in the past.

A member of the Chief Rabbinical Council, Rabbi Simcha Weiss, together with geese experts Professor Ari Z. Zivotofsky and Rabbi Roei Ginon from Chief Rabbinate, visited a slaughterhouse in Hungary last year operating under the EMIH‒Hungarian Jewish Community Association, headed by Chabad Rabbi Shlomo Köves, to closely monitor the process of fattening the birds.

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Upon his return to Israel, a team was set up in order to develop a program to allow the importation of goose-liver products with a glatt-kosher certification.

On Monday, the Rabbinical Council approved the committee's recommendations.

Csengele kosher slaughterhouse in Hungary has become the first (and for now, the only) to receive glatt-kosher certification for goose liver.

Importers of foie gras will now have to meet a number of new requirements in order for goose liver to be certified with as a glatt-kosher stamp, according to a document detailing the requirements developed by the Chief Rabbinical Council.

Among other things, it is required that the breeding and fattening farms be located within the same site.

The document also stipulates that food for the geese should minimize the chances of esophageal injury to the birds. For example, corn kernels should be prepared in such a way so that they would not retain any coarse and sharp edges, or contain any whole grains in the mix. It was also mandated that (force) feeding should be executed through a silicone tube without any sharp points.

The new regulations also call for supervisors to be made available to carry out inspections at the site of fattening and to closely monitor this process. In addition, slaughterhouses will have to be checked routinely by a mashgiach, a professional kashrut inspector.

Israel banned the local production of foie gras in 2003, and finally enforced that ban in 2006.

The Orthodox Union (OU) decided to stop certifying foie gras production in 2019, after the last local kosher producer shut down.

See you tomorrow bli neder

We need Moshiach now

Love Yehuda Lave

Yehuda Lave, Spirtiual Advisor and Counselor

Jerusalem, Jerusalem
 Israel

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