[Avodah] torture in halacha???

hankman hankman at bell.net
Tue May 15 11:09:54 PDT 2012


On 15/05/2012 1:52 PM, hankman wrote:
> Well what about cases where there is no “hitting,” but there is either physical or psychological pain, such as say, 1) sleep deprivation, 2) deprivation of food and water by a near starvation diet, 3) being forced to stand all day, 4) getting a little more physical, to be subjected to the much discussed water boarding, and I am sure we could dream up many others. What would these be considered if a father or rebbe tried them? I think most would think them highly abusive and asur but there is no “hitting” involved.

RZS wrote:
Either they are assault and therefore assur unless there's a specific
heter for them, or they are muttar, or there is some as-yet-unnamed
issur; but before discussing the parameters and limits of that issur
we must first establish that it exists. Simply saying that "I don't
like it" is irrelevant.

CM responds:
I thought that was the point of the kalvechomer, for cases such as these. You are mixing the english (legal term) term assualt with haka’a which of course are not the same. While these probably qualify for assault, they are  not haka’a, but they probably are tzar balei chayim.

Kol tuv
Chaim Manaster
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