[Avodah] defense against rape or assault
Zev Sero
zev at sero.name
Mon Sep 2 12:57:07 PDT 2013
On 2/09/2013 3:45 PM, Kenneth Miller wrote:
> 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?"
But where you know for sure that there is no pikuach nefesh, you can't break
Shabbos....except that you actually can, for a sakanas eiver. We *call* it
"pikuach nefesh", even though it's not, and we allow it to override Shabbos.
That's why I suggested that the same *might* be true in the case of self-
defense. By analogy to Shabbos, perhaps one might defend oneself from a
mere sakanas eiver, even if it's "clear as day" that there's no danger to
actual life.
--
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
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