ABSTRACT
Jewish law has always responded to changes in society, and area of women’s roles ought to be no exception to dynamic feature of halakhah. Elon D. P. observed that nexus between evidence of a crime and issue of an order restraining freedom of movement is found early on in the sources of Jewish law. Elon J. observed that the fundamental issue in the present case was the striking of the correct balance between the deprivation of the prisoner’s liberty, which is the essence of imprisonment, and his fundamental right to engage in marital relations on a regular basis. In supporting the majority decision, Elon D. P. observed that the aims of the Protection of Privacy Law were outlined in its preamble, and that they clearly supported the narrow interpretation of “any other harassment”. Preservation of domestic privacy was the key to the special spiritual distinction conferred upon the Israelites by God.
