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To subscribe to Jewishprudence and receive periodic updates about activities of the Beth Din of America, please enter your email address here:

To subscribe to Jewishprudence and receive periodic updates about activities of the Beth Din of America, please enter your email address here:

Employment Contracts and Covid-19

The ongoing pandemic has had far reaching economic ramifications. With so many contracts canceled or rendered unperformable, the pandemic has brought the halachic theory of contracts and risk allocation into the foreground. This article discusses an employer’s obligation to pay an employee for work that became unperformable during the pandemic.

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ZABLA Panels and Courts

Much has been written about the potential benefits and pitfalls of convening an ad hoc “ZABLA” panel whereby each litigant chooses one dayan (Jewish law judge), known as a borer (rabbinic arbitrator) and the two borerim in turn select a third dayan, typically referred to as the shalish (literally, “third”), to round out the rabbinic panel.

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Commercial Custom, Common Law & Contracts Impacted by COVID-19

Which secular law principles might a beis din apply in a contractual dispute arising out of COVID-19 and its related circumstances?  Our last post explained when and how minhag hasochrim – commercial custom – might be applied by a beis din when adjudicating contractual disputes.  In this post, we consider which of these secular law … Continue reading Commercial Custom, Common Law & Contracts Impacted by COVID-19

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COVID-19 and Cancelled Rental Contracts

The current novel coronavirus (COVID-19) pandemic has had and will continue to have far reaching economic ramifications.  Within our communities, there have been many cancelled travel plans, institutional dinners, simchos, and the like.  What does halacha say about a rental contract frustrated by a pandemic?  If someone put down a deposit for a Pesach rental … Continue reading COVID-19 and Cancelled Rental Contracts