BY
Part 2
“you didn’t answer many of my kashyos on חבלה which is fine”
I missed them!
ITs not fine, I would never just ignore a question yet keep replying I think that isnt nice. I am sorry I left you waiting for an answer
(I don’t really understand your assessment “you didn’t answer many of my kashyos on חבלה which is fine. Just know that R Moshe (and re some of them, Tosfos, the חוות יאיר as well) who make these points as well. Not to answer Them is not so fine.”
The opposite is true, We are having a conversation. To just idnore Your question isnt nice. I’m not having a conversation with R’Moshe etc, I missed all the questions you think he posed to me, though I am flattered, that you view me as equipped to answer them.
I reread your posts looking for the question (and hoping that maybe maybe you had the honesty to answer my question opposed to you,)
I found them, they where aimed at RE not me, which is why I skipped them
Since you want me to address them, I am happy too.
note, I am not saying it is chavala so the question isnt on me. I can give possible answers but the short answer is “I Don;t know”
Ask the MAharit who held that way, ask R’ Shlomo Zalman who is quoted by Nishmas Avraham as saying it is Gezel (I don’t have it with me, he might answer your questions)
“A) the drosho from where it is assur is שפך דם האדם באדם.
The Torah clearly is calling this שפיכות דמים. Nu, so you will taana why does a husband get paid for חבלה? Not a particularly bothersome kashya. An eved who is killed also gives the owner a monetary compensation and there surely is no heter to kill an eved.”
There is no heter for chavala either. Calling it Chavala isnt a “heter” to abort. Malbin Pnei chaveiro b’rabim is also called “kei’lo shofech damim ” (wink wink) That doesnt mean it has all the rules of shefichas damim (Though iirc I think tosfos does take it literally that it is yaharog veal yaavor)
B) why do we need to come on to רודף when being mattir when the mothers life is in danger. The simple klal of פיקוח נפש דוחה כל התורה כולה would clearly apply to חבלה. Nor vus, it is רציחה which only has a heter through the unique vehicle of רודף.”
The minhas chinuch I quoted earlier asks this question he leaves it as Tzorech iyan, (note that therfore we say it is murder , he says explcitly that it is NOT murder, art least for Jews) You cant expect me to have a better answer than the minchas chinuch.
Again. I grant these arent satisfying answers, but as mentioned several tiems I Am NOT arguing abortion is muttar, nor that it is chavala. There are shitos that hols that way. MAreh makom ani loch,
any other questions?