[Avodah] Abuse and halachah

Doron Beckerman beck072 at gmail.com
Tue Jun 12 00:32:00 PDT 2012


>> It would be helpful if you said where the key OS actually is. <<

Naarah Besulah 1:9

>> Based only on what you said, I don't see it. The section you're looking
are dinim specific to a naarah besulah, so of course the focus is on
besulim. <<

Well, yes, that is what the Mishnah in Arachin is talking about.

Although, interestingly, the Chafetz Chaim in Chovas Hashemirah
(Introduction, 6)  says:
"The main thing is that a person should realize that the negative and
positive commandments which are linked to speech, are equivalent in ther
level with the negative and positive commandments which are linked to
action, and even more so. For instance, if one's Yetzer would tempt
someone, due to his wrath against another, to go and defame him in front of
other people and slander him, he should contemplate: Had the Yetzer tempted
him to go to a brothel, would he listen? He would certainly scold it, "Go
away from me! Stop tempting me with an Aveirah for which I would be
despised in Hashem's Eyes!" You should now, my brother, that the sin of
Hotzaas Shem Ra is worse, as it says in Arachin that one who speaks with
his mouth is worse than he who commits an act [since an Oneiss and Mefateh
need to give 50 Shekel, and a Motzee Shem Ra must give 100 besides the
lashes he incurs.]

>> But even so, it's not "all about besulim" -- you report it as being all
about indignity. In which case, in a world where besulim are considered
cheap compared to loss of autonomy, who knows if the same theory would
generate the same pesaq. What you write actually supports IMHO my
notion of change of umdenah. <<

I think that crosses the line from, to use the terminology of the
Bircas Avraham in Gittin, "Geder Hadin" - which provides clarity in
ramifications of said Din, and is valid, versus "Darshinan Taama Dikra"
which goes beyond, or limits, what the Passuk actually says, based on
Sevara, which lehalachah we may not do unless the reason is explicit in the
Passuk.
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