[Avodah] Slavery in the Torah

[Rich Wolberg]

I found the following quite interesting in light of the legal definition of assault, which most people are unaware of.  An assault in the law does not involve any touching at all. Hence, the following piqued my interest: "The basic principle is as follows: anybody who strikes his chaver is over a lav in the Torah (and even if he raises hishand to his chaver, he is called a rasha)." [Avodah Volume 12, Number 85 (Slavery in the Torah, #17).]

In criminal law, just raising one's hand to someone in a threatening manner is an assault. If the person then follows through with physically striking the individual, it then becomes a battery.  The following is the definitive legal definition of Assault and Battery:

Two separate offenses against the person that when used in one expression may be defined as any unlawful and unpermitted touching of another. Assault is an act that creates an apprehension in another of an imminent, harmful, or offensive contact. The act consists of a threat of harm accompanied by an apparent, present ability to carry out the threat. Battery is a harmful or offensive touching of another.
The main distinction between the two offenses is the existence or nonexistence of a touching or contact. While contact is an essential element of battery, there must be an absence of contact for assault. Sometimes assault is defined loosely to include battery.

An "aggravated assault" would be a menacing gesture by means of a weapon. It is legally defined as the unlawful intent or attempt to injure or cause serious bodily harm to another. So if someone waved a gun or knife or baseball bat, etc. at you without contact, that would be an aggravated assault.  Once contact was made either by a bullet, knife, etc., the charge would be an aggravated or felonious assault and battery. 

Hence,  the above statement that  "...even if he raises his hand to his chaver, he is called a rasha," fits in perfectly with the legal definition of Assault.
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