[Avodah] self defense against rape or assault

[Zev Sero]

On 28/08/2013 10:17 AM, Kenneth Miller wrote:

> I was referring to a situation where the attacker shows no signs of stopping, and the victim is unable to escape. If the thought of using deadly force even enters the victim's mind, then he is most likely already past the point where deadly force would be unjustified or inexcusable. The victim must not be made to waste time calculating the least objectionable option. Chayecha kodem.

I think that's why the question was posed as it was, as more theoretical
than practical.  Suppose one *could* know -- "as clear as  the day" -- that
the beating one is suffering (or about to suffer) would not result in death.
In principle, would one have to submit to it rather than use deadly force
in ones defence, or (as the civil law of the nations among whom most of us
live provides) may one use deadly force to defend oneself even merely from
grievous bodily harm?

Bear in mind that the example Chazal give for the case where the Torah says
one may not kill a burglar is also a remote hypothetical.  What Chazal are
saying is that in practice one may always kill a burglar, but in principle,
if one were to know "as clear as the day" that he would never try to kill
one, then one may not kill him, and if it's not possible to prevent him from
stealing without using deadly force then one must simply let him steal.  So
the question posed here was whether the same applies to a severe beating or
rape rather than theft; in principle, must one submit to these rather than
use deadly force, and the heter for using deadly force in practise is that
one is afraid for ones life, or may one use deadly force even without such a
fear.


-- 
Zev Sero               A citizen may not be required to offer a 'good and
zev at sero.name          substantial reason' why he should be permitted to
                        exercise his rights. The right's existence is all
                        the reason he needs.
                            - Judge Benson E. Legg, Woollard v. Sheridan