[Avodah] Abuse and halachah

[Micha Berger]

On Tue, Jun 12, 2012 at 10:32:00AM +0300, Doron Beckerman wrote:
: 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.

But I'm arguing that the event in question violates multiple issurim,
and midinei nezeq he would have to pay. I only invokved taamei deqera
to show that the pasuq cares about psychological damage, the moral point.

And if one accepts that the deOraisa would require addressing
psychological damage, than the regular rules of hezeq would apply to
someone who is emotionally scarred. Whether through terror or through
abuse, it would make no difference -- except that in the latter case,
there is a 2nd deOraisa (oneis or mefateh) in addition.

You are assuming that this issur is instead of hezeq, whereas I'm arguing
it's a second law in addition to hezeq.

I'm also suggesting (notice the shift in verb: I'm arguing that
hezeq would apply in addition to paying an anusah, but I'm only
suggesting...) that the size of the damage is situational, and thus
may be far more crippling today than in a more brutal society with far
higher victim rates. (Such as the Roman or Sassanid empires or living
among Notzrim in the Yemei haBeinayim.)

Tir'u baTov!
-Micha

-- 
Micha Berger             I always give much away,
micha at aishdas.org        and so gather happiness instead of pleasure.
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