ABSTRACT
This chapter explores the classic talmudic source for the doctrine of self-help, and rulings on self-help by the post-talmudic authorities. Every legal system addresses the issue of self-help. The universality of self-help rests on the recognition that there are occasions when recourse to the courts cannot be expected. A hybrid position is also conceivable: recourse to self-help may be efficacious from the victim’s perspective, and may even be legally acceptable, but the action itself might nonetheless constitute a felony. The relationship between recognition of self-help and the presence of a strong central authority may be reflected in the talmudic sources. More generally, the institution of self-help is useful in explicating the halakhic approach to the dilemma of individual rights versus the public interest. The chapter presents a detailed analysis of how self-help plays out with respect to the three motivations for recourse to self-help in tort law: abatement of nuisances; restoring the status quo ante; and levying a distraint.
