[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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