[Avodah] defense against rape or assault

Kenneth Miller kennethgmiller at juno.com
Mon Sep 2 12:45:10 PDT 2013


R' Mordechai Cohen wrote:
> The question asked to me was practical
> However, my post to Avodah was intended to cover the halacha
> from  both theoretical and practical viewpoints.

Sorry, I just don't see the difference. It's like asking, "I know that Safek Pikuach Nefesh is doche Shabbos on a practical level, but does the theoretical viewpoint also see it that way?"

Unless I'm mistaken, the heter for *safek* pikuach nefesh is not based on a specific pasuk or a special limud. Rather, it is a clarification of what the general category of "sakanah" entails. In other words, we need to understand the concept of "danger" better.

As I see it, the idea of a "possible danger" is almost silly. If one "might" be in danger, then he *is* in danger. The very concept of danger means that something *might* happen. To say that it "might might" happen is beyond my vocabulary or comprehension.

(This is not to exclude the idea of a *future* danger. For example, one might have a minor illness which is very clearly minor right now, although it might develop into a major ilness later. The idea of a negligible danger is also important, such as the attacker who was "merely" teasing or bullying, which I mentioned in my previous post. These distinctions are important, lest we fear to get out of bed in the morning.)

Following this train of thought, to ask about a "theoretical" danger escapes me. A danger is a danger. Whether it is theoretical or practical is irrelevant. And whether the rodef is an illness, or a mugger, or a rapist, is irrelevant. If you're in danger, you must do whatever you can to escape, up to and including deadly force.

May none of us ever be in such situations.

Akiva Miller
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