By Rabbi Yair Hoffman for 5tjt.com
THE FLU
Last year, five children in New York City died from the flu.
Yesterday, New York State’s highest court did something about it.
THE LAW
The Court of Appeals ruled that the city Board of Health and the Health Department can certainly make annual flu vaccines mandatory for children in city-regulated day cares and preschools. The Court of Appeals consists of seven judges – the Chief Judge and six associate judges. They are appointed by the Governor and confirmed by the State Senate to 14-year terms.
This reverses previous lower court rulings which were sought by five anti-vaxxer activists.
Way back in December of 2013, New York City’s Board of Health adopted a rule that all children from six months to the age of five must get a flu shot before December 31 each year and that the parents (or guardians) must show proof that they got it.
Associate Judge Leslie Stein wrote the 25 page opinion for the court.
The Court of Appeals Chief Judge Janet DiFiore also joined in the ruling, as did associate judges, Jenny Rivera, Eugene Fahey, Michael Garcia, Rowan Wilson and Paul Feinman.
In short, it was unanimous.
Dr. Mary Bassett, the City Health Commissioner, hailed the decision as improving safety for the 150,000 children who would be affected. The Health Department said the mandate would be effective immediately.
“Vaccines save lives and are an effective public health tool to prevent the spread of disease,” Dr. Bassett remarked in a statement she released. “The severity of this past influenza season reminds us of how deadly influenza can be.”
THE HALACHA
The fact is that Gedolei HaPoskim have encouraged vaccinations and have even labelled them obligatory (See Psak of Rav Zalman Nechemia Goldberg Shlita – Rav Shlomo Zalman Auerbach zatzal’s son-in-law). Rav Elyashiv zatzal had labelled this along with the Alternative Medicine movement dangerous to Klal Yisroel. Gedolim have written that where there is concern for an epidemic, vaccination is obligatory. (See Minchas Tzvi, siman 9, and Rabbi Eliezer Yehudah Waldenberg, zt’l, in Tzitz Eliezer, and Rav Yitzchok Zilberstein, shlita).
In Teves of 5745 (winter 1984–1985), the Steipler Gaon was asked about a case where the measles vaccine was apparently problematic. He advised them to make sure that the next batch was problem-free and instructed them to take the vaccine (Orchos Rabbeinu, p. 350).
Rav Shlomo Zalman Auerbach, zt’l (Shulchan Shlomo 329:1, 2) writes that if from a sociological perspective people are not rushing to get the vaccination as soon as possible, then it is not considered enough of a danger to warrant Shabbos violation in getting the vaccine. He writes that this is the case even if there is an actual danger. We see clearly that his view is that one should definitely be vaccinated. This was also the view of Rav Shmuel Auerbach zt”l.
THE SHEER NUMBER OF MITZVOS INVOLVED IN VACCINATING
The overwhelming percentage of Rabbonim and Poskim would tell you (but check yourself) that vaccinations involve the fulfillment of a number of Torah mitzvos, aside from the basic mitzvah of v’nishmartem me’od benafshosaichem. We should also make our best efforts not to allow misinformation and fraud to affect crucial decisions in our lives.
Hashavas Aveidah. The verse in Parashas Ki Seitzei (Devarim 22:2) discusses the mitzvah of hashavas aveidah, returning a lost object, with the words, “V’hasheivoso lo,” “and you shall return it to him.” The Gemara in Sanhedrin (73a), however, includes within its understanding of these words the obligation of returning “his own life to him as well.” For example, if thieves are threatening to pounce upon him, there is an obligation of “V’hasheivoso lo.” In other words, this verse is the source for the mitzvah of saving someone’s life. It is highly probable that it is to this general mitzvah that the Shulchan Aruch refers in Shulchan Aruch Orach Chaim 325. This is certainly the case with vaccinations, because vaccinations save lives.
‘Dam Rayacha – Thy Brother’s Blood.’ There is a negative mitzvah of not standing idly by your brother’s blood— “Lo sa’amod al dam rei’echa” (Vayikra 19:16). This is mentioned in Shulchan Aruch (C.M. 426:1) and in the Rambam. When people get sick and chance death because of our inaction, we are violating the commandment of “Lo sa’amod al dam rei’echa.”
‘Lo Suchal L’hisalem.’ There is yet another negative commandment associated with the positive commandment of hashavas aveidah, and that is the verse in Devarim (22:3), “You cannot shut your eyes to it.” This verse comes directly after the mitzvah of hashavas aveidah. The Netziv, Rabbi Naftali Tzvi Yehudah Berlin, in his HeEmek She’eilah, refers to this mitzvah as well.
‘V’chai Achicha Imach.’ The She’iltos (She’ilta #37), based upon the Gemara in Bava Metzia 62a, understands the words in Vayikra (25:36), “v’chai achicha imach,” “and your brother shall live with you,” to indicate an obligation to save others with you. The Netziv in his HeEmek She’eilah understands it as a full-fledged obligation according to all opinions. He writes that one must exert every effort to save his friend’s life, until it becomes a matter of pikuach nefesh for himself. The Netziv’s position would certainly advocate that vaccinations are obligatory, even if it involves a slight danger—which in modern times has been virtually eliminated.
‘V’ahavta L’rei’acha Kamocha.’ The Ramban, in Toras HaAdam Sha’ar HaSakanah (pp. 42–43), understands the verse of “And love thy neighbor as yourself” as a directive to save our peers from medical danger as well. We thus have a total of six Torah mitzvos involved in vaccinating our children.
VIEW OF SOME RABBIS
What about the rabbinic views that there may be substance to the anti-vaxxer view? Carefully researching the data behind a halachic question can be daunting at times. Occasionally, though rarely, the background information behind a question may not be sufficiently researched because the Posek relied upon someone else, who did not properly weigh the issue or evidence. This is clearly the case regarding vaccinations.
In recent years, we have seen this happen when some Poskim have reversed their rulings on the proper berachah for cashews; whether bran is considered animal food; and whether people can distinguish between pasteurized and unpasteurized wine. Our leading Gedolim in Eretz Yisroel have supported vaccinations and even if some Rabbis negate this idea – we must still follow the opinions of Gedolei Torah (speak to Rav Dovid Morgenstern shlita about Rav Elyashiv’s unequivocal view) particularly here when their view concurs with that of the medical world.
Leading Gedolim with whom this author has consulted in recent months—Rav Chaim Kanievsky, shlita, and a leading Gadol in the United States—have said that when someone has done the research and is sure that the background information behind a p’sak is faulty, there is an obligation to respectfully publicize the correct information – which is what is being attempted here in this article.
The Lakewood email further states that the coalition, “will also be available to help non-vaccinating parents in Lakewood in any area we feel we can, as well as to provide support of ‘strength in numbers’..”
HOW DID THIS BEGIN?
The very existence of this email points to the inroads of cultural influences that the world-wide Anti-Vaccination Movement has made even in some of our Torah communities.
How did all of this madness begin?
In 1998, a now de-licensed British physician named Andrew Wakefield released a paper claiming to have linked the measles, mumps, and rubella (MMR) vaccine to the onset of autism. Later it was revealed that he had secretly received over $700,000 in fees for his views from a lawyer wishing to file lawsuits.
Since then, no other scientist was ever able to match Wakefield’s findings. In 2010, an ethics review board found that Wakefield had falsified the data in his report. The paper was retracted and Wakefield’s medical license was revoked.
CONCLUSION
The Torah community and its organizations should welcome and hail this ruling as one that saves lives. Chief Judge Janet DiFiore has saved the lives of our children from those who unwittingly have tried to hurt them. We should thank the court of appeals for its wisdom in enforcing this life-saving measure.
The author can be reached at [email protected]
Join the official YWN WhatsApp status
21 Responses
Please clarify the following sentences from the article above:
“The fact is that Gedolei HaPoskim have encouraged vaccinations and have even labelled them obligatory.
Rav Elyashiv zatzal had labelled this along with the Alternative Medicine movement dangerous to Klal Yisroel.”
What is the word “this” referring to?
What (along with alternative medicine) did Rav Elyashiv label dangerous?
I’m afraid that the lack of clarity may lead people to draw the wrong conclusions.
Seriously: “and a leading Gadol in the United States […] there is an obligation to respectfully publicize the correct information”
Publicize, but you cant mention names?
“the Steipler Gaon was asked about a case where the measles vaccine was apparently problematic. He advised them to make sure that the next batch was problem-free and instructed them to take the vaccine (Orchos Rabbeinu, p. 350).”
It appears that the Steipler Gaon was concerned with the safety of vaccines, because he understood that vaccines are not problem-free. The MMR and many other vaccines are filled with toxins that are detrimental to infants, children, and adults. There are many independent studies that prove this. In addition, the vaccine schedule has quadrupled since the early 70s. Why? No one questions this. Below is the CDC’s response to “How effective will flu vaccines be this season?”
“Influenza vaccine effectiveness (VE) can vary from season to season and among different age and risk groups and even by vaccine type. How well the vaccine works can depend in part on the match between the vaccine viruses used to produce vaccine and circulating viruses that season. It’s not possible to predict in advance what flu viruses will predominate.” So the CDC can’t even answer the question. They are like shooting in the dark, and we are their guinea pigs. There are many cases of people who have gotten very sick from the virus, such as paralysis, and Guillian Barre Syndrome. I would rather get the virus,C”V, then inject toxins in my body.
Comparing the flu vaccine with polio vaccine is nonsense.
The flu vaccine simply doesn’t work. Unlike the rest of the vaccines which almost fully eradicated measles and polio, the flu vaccine is mostly worthless
Thank you for clarifying this again. Five dead children is five too many, and the anti-vaxxers will find out that there is blood on their hands when they arrive at the Beis Din shel Ma’alah.
It is important to publicize that it is a miztvah aseh to vaccinate one’s children (and oneself when appropriate) and a violation of halacha to not vaccinate.
The anti-vaxxer movement is not new. It is almost two hundred years old and dates back to when smallpox vaccination was first done. Wakefield was just the most recent excuse. The number of lives saved by vaccination is almost beyond count, and we should listen to the Gedolim who rule that we do it.
Yashir koach.
Today, the government/courts/BOH forces vaccinations. Tomorrow they ban Bris Mila and Shechita. They’ve already passed toaiva “marriage” into law. Nothing to celebrate. Be careful what you ask for.
To Midwest 2:
And the numbers of lives damaged by neurological and autoimmune diseases by vaccination is very much beyond count. According to the National Vaccine Information Center, “According to the American Academy of Allergy, Asthma and Immunology (AAAAI), the autoimmune disease, asthma, is now “the most common disorder in children and adolescents, affecting nearly five million children under the age of 18, including an estimated 1.3 million children under the age of five. Fifty to 80 percent of children affected with asthma develop symptoms before they are five years old.”
” According to Sears and Thompson (1998), a 1990 survey of 2,400 practicing physicians showed there were about two million patient visits associated with the diagnoses of ADD and by 1994, it had increased to 4.7 million, with 90 percent of the visits resulting in drug therapy. By 1995, there were 1.5 million children taking Ritalin and in a recent study (Zito, JAMA) it was reported that the number of two to four year olds taking prescription drugs like Ritalin and Prozac rose 50 percent between 1991 and 1995.”
Before the MMR vaccine was introduced in 1971, it use to be a ratio of 1 in 10,000 children who developed austim. Today, the rise in autism cases surged to 1 in 50.
Michali
The reason why diagnosis has risen is because there are better understanding of Autism and ADD. In the 80’s I suffered through school because there was no diagnosis. You don’t want to give all the vaccines fine but the major ones are needed.
Now you also talk about autoimmune diseases. Stop keeping your houses perfectly clean and your children in a sterile environment. Let them run around barefoot outside and eat dirt. when it starts to rain have them put on old clothes and jump in the mud. That’s something you don’t see anymore. There bodies have nothing to fight with since houses are bleached down and people are using sanitizer right and left. Let your body learn what a real germ is and not a fake one.
I have to take the side of Miriam377 over michali hands-down. But there is so much more to add. Such as all the new chemicals that are introduced daily. Such things as perfumes/colognes and the like with new artificial chemcials. Those are things clearly not required in any sense, yet inundate our lives whether we like it or not every time we go into a crowd (even a small gathering) of people. There is general air-pollution such as the chemicals used to clean large apartments (and the poisons introduced in underground parking) and detergents for clothes in these crowded apartment complexes are poured into the air outside. And so forth.
Midwest2 u are just plain stupid ignorant AND lacking any inkling of emunah in u! Hashem put illness in the world, does anyone really think we’re/drs are gonna fight against hashem to eradicate them? Well that is precisely what they are trying to do, they want to eradicate illness, well I have news for u, it ain’t happening, hashem is bigger than all of us, but yes there is such a thing as protecting ur health and doing anything u can to prevent illness, but u really think this is what hashem meant with protecting urself? By putting other dangerous stuff into ur body?? How can they force parents to vaccinate if they dont like what’s in the vaccines?? What hashem meant with protecting ur health he meant eat healthy (the foods he created especially for our health) exercise, and making sure our immune is strong enough to fight any disease!! Baruch hashem they came out with an amazing thing known as vaccines FOR PEOPLE WHO NEED IT! Like invalids, people with lung disease etc.. who’s body cant fight these illnesses, THEY r the ones who need the vaccines!! My family or I bh never got sick with any of those illnesses, never got the flu bh, because I dont run to give my kids medication the min they complain or get fever! These days no one is allowing their bodies to fight and get strong for when something bigger comes along cv, keep stuffing tylenol and vaccinating and then when they do get something major their bodies dont have the means to fight cv!! What r we doing to our bodies? I’ve seen it personally the people I know who r always so careful, sterilize everything that falls on the floor, wash ur hands million times a day etc….those r the ones who constantly have colds n get sick n they dont understand why! “Im so careful with germs”…newsflash they’re not allowing their bodies to get strong! And bh for vaccines when there was an outbreak of illnesses, my mother suffered from polio and I’m the first one to tell u bh they came out with vaccine for it, but in this day and age where polio is unheard of, why give that to my kids?? People, instead of listening to what PAID drs r saying, (yes I’m first hand witness to a dr admitting that they get paid for pushing this stuff, I promise u they’re NOT concerned for ur health, 1 inkling is if we’re always healthy we wont be going to them n there goes their career. drs only know what they learned in school, the rest they find out when its pushed in their faces via law, 1 dr told me they get awarded by medicine companies to sell a certain amount within an allotted time, with money or a vacation, of course they push it! Ever wondered why suddenly an ear infection doesn’t need antibiotics anymore? Oh suddenly it’s not dangerous?) and start doing research, find out what hashem created this world for, what He wants of us. And ull see the amazing wonders He prepared for us on this world. And cv should someone need it, bh its all available to us. I think this world was just blinded by the money making medical world and that’s all everyone sees unfortunately.
“there is an obligation to respectfully publicize the correct information – which is what is being attempted here in this article.” A biased one-sided attempt – any article that doesn’t discuss the risk/benefit ratio of vaccines is misinforming and misleading. A halachic article that extrapolates from statements made by gedolim and generalizes psakim of gedolim made to individuals is misleading. Vaccines have had a questionable history before Wakefield (the Wakefields results were questioned not discredited) and incidents of vaccine damage continue to rise (that is why the National Vaccine Information Council exists) You don’t have to have a Ph.D. to examine both sides of the issue and make an informed decision. And anyone who tells you to put your trust in societal practices and follow in ignorance does not have your child’s best interest in mind. As an experimental psychologist who has worked in the field of developmental disabilities for over 2 decades, it is clear that the autism epidemic has environmental causes and is not due to better diagnosis (BTW, it was 1 out of 75,000 in 1991, less than 3 decades ago). Do your research, ask questions, ask to see the leaflets of the substances being injected into your child’s body – make informed decisions – YOU are your child’s best advocate.
FYI, there was a pilot comparative study done in 2017 on the health of vaccinated and unvaccinated children between 6 to 12 years old. In this study, it mentions the belief that the increase in neurodevelopmental diseases in recent decades has been due to more awareness of these diseases. But it goes to say that this factor does not account for the increases in these diseases since the introduction of the MMR and DTap vaccines. There is a need for more studies to determine whether environmental factors such as vaccines are the cause of this increase due to the fact that the Vaccine Injury Compensation program has paid more than $3.2 billion for vaccine injuries since its inception in 1986. This special fund was a direct result of a law passed in 1986 that gave pharmaceutical companies total legal immunity from being sued for injuries and deaths related to vaccines. So how safe are these vaccines?? More studies must be done for the safety of our children.
I agree. However, there is a big difference between ingesting or being exposed to chemicals than being directly injected with chemicals into our bloodstreams. For example, Thimerasol is a vaccine preservative in Flu vaccines and a nuerotoxin. When ingested, most of the mercury in tuna does not enter the body, but passes out into the stool. However, when injected the mercury is metabolized into a chemical called methylmercury, which bypasses the liver where it can be filtered and instead is absorbed by the tissue and organs. So if the Flu vaccine is so safe, why is it that the CDC allows thimerasol in the flu vaccine knowing its toxicity. Even the FDA in 2003 has admitted that the safety of thimerasol as a preservative has not been established.
I tried to respond to this article but Yeshiva world censored me and did not publish my comment. This is similar to Shadow Banning being carried out by the Twitter,Facebook and Google against opinions they do not like. Similarly Amazon uses it’s Terms Of Service – TOS – to block sellers who they do not like and restrict competition and free market capitalism due to the strength of their monopoly. The time will come when you as a buyer or seller will not be able to buy and sell on Amazon if you do not mesh with their political view. This is already happening in China with the new social credit system coupled with AI and facial recognition technology. If you jay walk in china you become banned from trains and plains. Of course if you talk against the Chinese government, you are likely setting yourself up to be a live organ donor without anesthetic. If you think mandatory / compulsory vaccination and the suppression of opposition to it is not a slippery slope to totalitarian Chinese style rule, than why not get a jump on the ball and move yourself to China now.
In Russia, where I grew up, there were no vaccinations & so ALL of us had ALL of the childhood infectious diseases.
We’d get sick, stay home & then come back to school. It was a fact of life & nobody was afraid of those diseases.
I came to this country to have freedom of choice including this issue as well. Parents should give consent to vaccinations just like they give consent to any other medical procedure considered for their kids.
It drives me nuts when people trot out Andrew Wakefield in an effort to discredit questioning vaccines. When I did my initial research on vaccines, it was because all my friends’ kids were getting horribly sick from their MMR vaccines, and my own son had had very severe reactions to his DPT shots. After all the reading I did–BEFORE Wakefield’s study came out, BEFORE there was internet (I looked at microfiche at the public library!), and INCLUDING pro-vaccine mainstream medical publications such as JAMA and APA–I could not in good conscience proceed with vaccinations. This had nothing to do with Wakefield and everything to do with the fact that the research on vaccines is simply insufficient to this day to prove that the benefits outweigh the risks. Make your own decision on what to do for your own family, but don’t wave the Wakefield flag when you go accusing anti-vaxers of irresponsibility. I guarantee you I’ve done more research on this than most pro-vaxers have ever done.
Pro-vacciners have only two arguments: “Wakefield” & “blood on our hands”.
The flu shot isn’t great, but it prevents the flu better than placebo. Look it up.
The flu probably won’t kill your healthy 9 year old daughter, but it might very well kill her Chumash teacher if she’s pregnant. And it might very well kill her grandmother if she’s over 65.
A friend of mine came from Russia when she was a little girl. She remembers that in Russia allergies were unheard of. Once she moved to America, she started exhibiting allergies after she was administered vaccines. Also, there are studies that show that certain Amish communities who do not vaccinate children are much healthier than children outside of their communities. They rarely get autism, heart disease or cancer. I would suggest parents to do their research before they decide to expose their children to vaccines.
Seriously lib? That’s ur only argument?
I challenge Yair Hoffman, if he exists to public debate. What’s the big deal, to write articles in one sided forum.