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Enos fence

שו”תCategory: HalachaEnos fence
asked 6 months ago

Hello Rabbi Michael,
A question occurred to me: Can distress related to the psychological side of a particular person be considered rape, which would exempt him from certain laws?
Let’s take for example a person who lives in a town and has a serious phobia of dogs stemming from a childhood trauma. Every time he sees a dog, no matter how tame, he becomes paralyzed with anxiety and does everything he can to get away from the area.
Now let’s assume that the same person has only one and only access path to the synagogue, and on the side of the path is a fenced yard with a dog that barks at passersby. Most people just don’t get excited about this dog and move on, but every time the same person approaches this dog, he is seized with anxiety and panic, becomes paralyzed and does everything to turn around and not approach this path.
In light of the above description, would that person be considered a rapist and be exempt from praying in the synagogue and reading the Torah? Overall, this phobia causes him extreme discomfort; there is nothing physical that prevents him from crossing this path.
I know this is a very general and broad question, and it is difficult to give precise definitions, and each case will be judged on its own merits. But my question is whether, in principle, it would be possible to treat psychological distress as rape in terms of halakhic law.


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מיכי Staff answered 6 months ago
Why not? Not necessarily rape, but a time of stress or distress. In every case, one must examine how much stress is needed to get rid of her, and examine whether this psychological stress meets the criteria.

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