Unintentional attack on woman and its legal consequences according to Tanakh and Rabbinic literature: Historical and Sociological Perspectives Cover Image

Násilí na ženě a jeho následky podle Tanachu a rabínské literatury. Historické a sociologické perspektivy
Unintentional attack on woman and its legal consequences according to Tanakh and Rabbinic literature: Historical and Sociological Perspectives

Author(s): Marie Roubalova, ROMAN KRÁLIK, Miroslav Tvrdon, Hedviga Tkáčová, Patrik Maturkanič, Ľubomír Hlad
Subject(s): Jewish studies, Theology and Religion, Comparative Studies of Religion, History of Religion
Published by: VERBUM - vydavateľstvo Katolíckej univerzity v Ružomberku
Keywords: pregnant woman; legal consequences; Torat Moshe; perpetrator; compensation of the damages;

Summary/Abstract: Torat Moshe protects some of the weakest members of society - mothers and unborn children. It points out that death caused by the perpetrator is never an isolated issue. The death of one human being means the death of other potential human beings. The aim of the provision at hand, despite the wrongdoing committed by the perpetrator, was not (according to most rabbinic interpreters) to punish him (by killing or injuring), but only to compensate for the damage. The intention is to settle the imbalance in interpersonal relationships. Torat Moshe tries to prevent fights between men (brothers) by pointing out how terrible things can happen to them. The ambiguity of the Hebrew text Torat Moshe reinforces this goal, because although in practice the rabbis required only monetary compensation, the text is formulated so that the wrestler fears that his own life will be required for a failed life and his own body will be damaged for body damage. In addition, a court decision on an offender, however merciful, cannot affect the decision of heaven - the offender can still be punished by death (accidental immediate death, death before the age of fifty or sixty, etc.) regardless of the decision of the provincial court. Torat Moshe demands the same right for all: “You will have one right for both the guest and the natives. I am the LORD your God.”

  • Issue Year: XX/2021
  • Issue No: 2
  • Page Range: 82-106
  • Page Count: 25
  • Language: Czech