[Avodah] torture in halacha???

[Micha Berger]

On Mon, May 21, 2012 at 07:33:33PM -0400, David Riceman wrote:
> RMB:
>> But still, it would be absurd to think one may impose tzaar on a
>> person in a situation where it would be assur to do so to an animal.

> The Havoth Yair says that very absurdity in the last paragraph of Siman  
> 191 (cited recently by RCM) on the cogent grounds that a person can  
> understand the reason for the pain but the animal cannot.

I don't see the CY as disagreeing with what I wrote as much as spelling
out a nuance I hadn't:
There are situation where one may cause more physical pain to a human
being than to an animal in the same situation, or can cause physical
pain at all to a person where one couldn't to an animal, simply because
the person could understand your justification and therefore is less
mitzta'er.

But that only works if the person actually is capable of hearing your
reason and "leisovei daateih uleqabeil mei'avah asher yeia'ara lo". I
don't see how his exception to the qv"ch's reasoning would apply to
torture.

Tir'u baTov!
-Micha

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Micha Berger             Today is the 45th day, which is
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