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Q&A: Mental/Psychological Harm

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

Mental/Psychological Harm

Question

Is psychological harm classified as indirect causation in tort damages? It is important to note that in psychological harm there is a “change in the human body”; for example, in post-trauma there are hormones whose secretion increases/decreases in response to the trauma.
The question is about cases in which someone caused bodily harm from which psychological harm results, for example rape (even though it is not clear that the act of rape created physical injury). What is the law regarding the harm that results from the act of rape?
And what is the law regarding traumas caused by something external or indirect, for example a person who was locked in a dark stairwell (in a way for which the damager is responsible), or a small child who is shown a horror movie?

Answer

Greetings.
You have asked an important question, and it touches on several broad aspects of how psychological injuries are treated (for example, the permission to desecrate the Sabbath because of danger to life from a psychological cause, that is, concern for psychological harm. There are discussions in Igrot Moshe and Hatam Sofer about sending a psychiatric patient to a hospital that treats him but feeds him forbidden foods. Is it permitted to violate a prohibition in order to heal the mind? See also Rabbi Yisraeli’s article in Techumin 1 or 2 regarding spiritual danger to life, meaning desecrating the Sabbath to save a Jew from apostasy. He cites a dispute between Tosafot and Rashba as to whether this is more severe than physical danger to life or not, and this too can be analyzed at length). I do not have time to really get into all that, so I will address it here briefly.
First, I should preface that in my opinion the physiological aspects, so long as they are not noticeable, are irrelevant to the discussion (see also Rabbi Rabinovitch’s discussion in his well-known responsum in Siach Nachum about a magnetic card that opens doors. There he points out that changes in the world that are not noticeable are not considered changes for the purposes of Sabbath labor). Therefore, if we decide that psychological injury counts as injury, that would be true even if it has no organic source, and if not, then that would remain true even if it does have such a source.
On the matter itself, in the Talmud itself we find that it is permitted to desecrate the Sabbath because of a fear reaction of a woman giving birth or a child and the like. Admittedly, there the fright can lead to danger to life. But it seems to me that in the law of an eye ailment, for which one desecrates the Sabbath, Rashi and Rabbenu Tam disagree whether this is because of the concern for death (Rabbenu Tam) or because the eye has importance like life itself (Rashi). And according to Rashi’s view, there is strong reason to say that a significant injury to the mind is certainly no less severe than blindness in one eye. And if such an injury exempts a person from commandments (as an insane person), then seemingly one desecrates the Sabbath for him so that he may keep many Sabbaths, just as one would for a dangerous bodily injury.
However, all of this is on the conceptual level. But regarding damage and tort compensation, there is room to discuss it under the law of damage that is not externally evident, because medical expenses are only indirect causation, and one is exempt from them in human courts unless the damage is evident, in which case one of the five categories paid by an assailant is medical treatment. True, when the injury is evident in the person’s behavior, that would seemingly count as evident damage, but here we return to Rabbi Rabinovitch’s reasoning above. In practical terms, though, it seems to me that nowadays such damage is certainly completely evident, and is considered ordinary damage in every respect. Just as intellectual property in software is not nowadays considered something without substance. In these matters everything depends on the culture and the norms in our surroundings. And today there is clear recognition of psychological injury as injury in every respect.
But of course these matters require much fuller and more detailed clarification. 

Discussion on Answer

N G (2017-02-07)

Thank you very much for the quick answer.
In my opinion there is no connection between the permission to desecrate the Sabbath and the damager’s obligation to pay for his damages. Permission to desecrate the Sabbath in a case of danger to life does not create liability for damages. If a person injures another in a way that leaves the victim in a life-threatening condition, then of course it is permitted to desecrate the Sabbath for him, while the damager may still be exempt from paying.

Regarding the physiological aspects: in my opinion, evident damage is not determined by how its effect looks, but by whether there is a “change” in the injured party (the change has to cause monetary loss, otherwise it is not damaging). Therefore libation wine is damage that is not externally evident (because there is no real change in the wine; the change is legal-spiritual, not physical).

As for the matter itself, my question is whether when a person develops anxiety from seeing a murder, one must compensate him for that because there is a substantial change in the injured party (both physiologically and as evident in his behavior), or whether, since trauma is created in a person as a result of his experiences and background, one can say that the damager does not bear exclusive responsibility for the damage because the victim is also “to blame,” and therefore perhaps he can be exempted.

Michi (2017-02-07)

I also think there is no direct connection, and I wrote that too. But desecrating the Sabbath is an indication, or another context in which psychological damages should be discussed. That is why I brought it up.
As for whether the damage is evident, I already wrote in my remarks that internal physiology is not something evident. If there is something evident here, it is in the psychological symptoms.
When a person develops anxiety from a murder that was not committed against him, that is at most indirect causation. Like someone who sees a murder, panics, falls, and is injured.

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