[Avodah] Abuse and halakhah

Micha Berger micha at aishdas.org
Mon Jun 11 06:52:17 PDT 2012


On Fri, Jun 08, 2012 at 12:46:13AM +0300, Doron Beckerman wrote:
: Not really. Pegam is the actual loss of value because she is not a
: besulah. According to the Rambam (Chovel Umazik 5:7), Raavad (ibid. 2;2),
: Shulchan Aruch (CM 420:7) and Rema (ibid. 8) Boshes is only paid if the
: act is done in front of others (or if it is a visible wound). So it isn't
: about the emotional devastation, it is about the shame of others knowing
: about it....

I'm claiming umdenah. There was a time when the greatest damage was that
no one would want to marry someone who was anusah. Today, the majority
of the damage lies elsewhere. (And again, I believe this is due to our
living among more civilized people, and not due to a change in awareness
alone.)

I think that we're only looking at one part of the issue -- the dinim of
oneis or mefateh. I would think (and if I were sure, I wouldn't have
pushed to have this thread launched) that the same more generic concept
of intangible hazeq that underlies hezeq re'iyah, would apply here too.

I also recommend chazering the exchange between RnCL and RDR in v26n61,
the first post at <http://www.aishdas.org/avodah/vol26/v26n061.shtml#06>.
I haven't yet integrated it with the above.

Tir'u baTov!
-Micha

-- 
Micha Berger             One who kills his inclination is as though he
micha at aishdas.org        brought an offering. But to bring an offering,
http://www.aishdas.org   you must know where to slaughter and what
Fax: (270) 514-1507      parts to offer.        - R' Simcha Zissel Ziv


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