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From: Russell Hendel <rhendel@saber.towson.edu>
Date: Mon, 4 Sep 2000 13:01:54 -0400 (EDT)
Subject: RE: The meaning of the evil eye

Chaim Shapiro re-asks in Volume 33 Number 32 about the "meaning of
'the evil eye'" a concept that occurs here and there in Jewish law and
is used as a justification for prohibiting certain practices. I, in fact
have given a very simple rational explanation of this concept: It has
been published on the email group Torah Forum (and I believe on Mail Jewish
also).

Quite simply and succinctly 'evil eye' is a form of DAMAGE. There are
4 forms of prohibited damages: (a) PERSONAL DAMAMGE: It is prohibited for me
to eg break my friends hand (EVEN if he gives me permission(Rambam Damages5:11)
(b)PROPERTY DAMAMGE: It is prohibited for me to eg break my friends windows
UNLESS he asks me to in a particular case (Rambam Damages 5:12). As the
Rambam indictes in both these cases there is a requirement to pay for
any damages caused.

(c) PRIVACY DAMAGE: eg It is prohibited for me to open a window facing my
neighbors courtyard. However if the window was already there (when I bought
the house) I can use it. Similarly if I "acquire" permission I can use it.
Finally, if I do open such a window, then, although my neighbor can force me
to close it(because I 'damage his privacy') nevertheless there is no
requirement for me to compensate him for the privacy damage caused (eg Rambam
Neighbors chapters 3,7).

(d) EVIL EYE DAMAGE: My basic thesis is that 'evil eye' refers to specific
situations where a person is excessively brought into the communal eye.It is
stressful to be placed in the public eye. My suggestion is that The damage
caused by the 'public eye' damages is called 'evil eyes'. One simple
example might be 'giving a father and son an aliyah one after the other'.
Such consecutive aliyahs makes this father-son the 'talk of the shule' &
hence is classified as 'evil eye'.  Similarly telling everyone you are
pregnant before it is noticeable brings you into the 'public eye' and is
classified as 'evil eye'.

The above explanation is both rational and halachic and does not require
reference to hidden forces of uncleanliness. I therefore think it has
positive value and can illuminate many sources.

Russell Jay Hendel; Phd ASA
Dept of Math; Towson Univ
Moderator Rashi is Simple
http://www.RashiYomi.Com