[Avodah] self defense against rape or assault / stand your ground

M Cohen mcohen at touchlogic.com
Tue Aug 27 06:07:08 PDT 2013


I was asked if one halachically allowed to kill an attacker to save yourself
from being raped or beaten?

(rape question is where the victim is not married and the posukim of na'arah
m'orasah don't apply)

 

Rape vs assault / Attacker is J vs nJ / Bah b'machteres

 

nJewish attacker

If the attacker is a nJ and actually strikes, then it would appear they are
chayav misah and one could kill them (because nJ who hits a Jew is chayav
misah)

Also, if they may kill you then it would appear that one could kill them
because it is no worse than Bah b'machteres

My question is one allowed to preemptively kill to save yourself where it's
a clear case of only rape or assault?

 

Jewish attacker

If the attacker is a Jew and they may kill, you then it would appear that
one could kill them because it is no worse than Bah b'machteres

My question is one allowed (preemptively or even after the assault has
begun) to kill them to save yourself where it's a clear case of only rape or
assault?

 

Perhaps this is only theoretical because practically (except for father on
child) one can assume that they may try to kill as per Bah b'machteres?

 

Mordechai cohen

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