[Avodah] Abuse and Halakhah

[Doron Beckerman]

> >> It's an attack, and therefore I would think there would be all 5
> payments. <<

It is a Mishnah in Kesuvos 39a.

> >> Nezeq is the loss of besulim. But I think in today's world, tzaar,
> boshes and ripui would be far greater. <<

I don't think one would pay for psychological tza'ar, since you only pay
for tza'ar bish'as maaseh. In fact, the Gemara's opening question by Oness
- "Tza'ar Demai" - and the entire ensuing discussion, is very much part of
what I am talking about regarding Chazal not expressing the psychological
trauma involved. I'm not sure about ripui, since it is glaringly omitted
among the payments in the Mishnah there, see Shittah Mekubetzes who notes
this, stating that it is different than other chabalah, without comment. I
don't know why, though. If the reason is because she'll have the same ripui
issues after marriage, then it wouldn't apply here.

Boshes, yes. Very much so. See Teshuvos Binyamin Zev 142 about a girl who
was assaulted and *died* of shame. He demands resitution for Boshes to the
Mishpachah as well. But, by the same token, in the context of Boshes the
Shulchan Aruch speaks of Biyush Bedevarim and how awful and terrible it is,
and Motzee Shem Ra that much worse, and Ain Lo Chelek LaOlam Haba if done
in public etc.

But all this doesn't really get around the issue - when Hashem, so to
speak,had a chance to express His views on Chumras HaAveirah per se (which
is what the Mishnah in Arachin is talking about - Lo Nechtam Gzar Dinam
Bamidbar Ella Al Lashon Hara), He banged the table harder on Hotza'as Shem
Ra.