[Avodah] Rights in halakhah
T613K at aol.com
T613K at aol.com
Tue Feb 9 20:19:08 PST 2010
From: Micha Berger _micha at aishdas.org_ (mailto:micha at aishdas.org)
>> I dont believe that halakhah is based on a philosophy of rights.
However, there are specitic halakhos which clearly imply the existence
of a right.
Phrasing the issur of waking someone else up as "gezel shinah" implies
that a person owns an intangible right to sleep. Not just that I have a
duty to let you sleep if you wish to, but chazal articulate it in terms
usually used for property.
Similarly geneivas da'as.
The only other example I could think of is this right to select a kohein
to whom to give your terumah.
Can anyone else think of others? <<
--
Micha Berger
>>>>>
In the coming parsha, Mishpatim (Shmos 21:10), I believe a wife is granted
a right to s'eir, kesus and onah -- food, clothing and consort. (Or is it
possible that the husband has obligations but the wife does not have
rights? Surely that wouldn't make sense. It must be that his obligations = her
rights.)
--Toby Katz
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