https://www.beineinu.org/chizuq-inspiration/gedolim-say/1892-mitzvos-and-special-needs
With regard to Jewish retarded -- parenthetically, I prefer some such term as "special" people, not simply as a euphemism, but because it would more accurately reflect their situation, especially in view of the fact that in many cases the retardation is limited to the capacity to absorb and assimilate knowledge, while in other areas they may be quite normal or even above average -- the Jewish identity factor is even more important, not only per se but also for its therapeutic value. The actual practice of Mitzvos in the everyday life provides a tangible way by which these special people of all ages can, despite their handicap, identify with their families and with other fellow Jews in their surroundings, and generally keep in touch with reality. Even if mentally they may not fully grasp the meaning of these rituals, subconsciously they are bound to feel at home in such an environment, and in many cases could participate in such activities also on the conscious level.
Dramatic Ruling from Rav Yitzchak Zilberstein on Special Needs Children: “One Cannot Rely on Doctors Alone”
ReplyDeletehttps://matzav.com/dramatic-ruling-from-rav-yitzchak-zilberstein-on-special-needs-children-one-cannot-rely-on-doctors-alone/
A widely accepted assumption in recent years has been that any child diagnosed by medical professionals as a “special needs” child is automatically considered a shoteh (halachically exempt from mitzvos). That belief has now been directly challenged by a significant new ruling from one of the leading poskim, Rav Yitzchak Zilberstein.
In a detailed conversation with Rabbi Yehuda Aryeh Goldknopf, director of the P’tachiyah organization, who sought halachic guidance on various matters related to children with special needs, Rav Zilberstein addressed a critical question: Who is truly considered a shoteh according to halacha?
Rav Zilberstein clarified that medical labels, often assigned by health clinics or social services, do not automatically determine halachic status. Many children, despite developmental challenges, possess intelligence and understanding sufficient to obligate them in mitzvos.
He warned that modern definitions—shaped by foreign psychological and educational systems in countries such as England, Romania, and Hungary—can misrepresent a child’s actual abilities. According to halacha, what matters is not a medical diagnosis, but a clear assessment of the child’s comprehension.
Rav Zilberstein then shared a specific case brought before him: A father approached with concerns about his 13-year-old son, who had been labeled as developmentally limited. The father asked whether the boy was halachically obligated in mitzvos. Rav Zilberstein decided to evaluate the boy himself with a few straightforward but telling questions.
First, he asked the child about shofar—did he know when it is blown? The boy replied that it is blown on Rosh Hashanah and described the Yom Tov. Then the rav asked about money: Could the boy buy ice cream and understand receiving change? The boy demonstrated that he grasped the concept of buying and giving change.
Based on this, Rav Zilberstein ruled that according to Torah law, a child who understands such basic matters is considered a bar daas, someone with halachic awareness. He is obligated in mitzvos and is even halachically eligible to perform kiddushin. “Anyone who rules otherwise based solely on foreign criteria is mistaken—not the child,” Rav Zilberstein emphasized.
He strongly stated that each case must be evaluated individually, using halachic standards—not secular medical definitions. Rav Yosef Shalom Elyashiv zt”l, he said, had supported this method of evaluation and had encouraged that the Torah’s true view be publicized to counter the secular influences affecting the religious community.
Rav Zilberstein declared that it is halacha—not medicine or secular psychology—that determines a person’s status. Parents who are unsure whether their child meets the halachic definition of a shoteh, he said, must seek guidance from their rabbonim or consult with a gadol b’Yisroel for a proper ruling.
{Matzav.com Israel}
https://judaism.stackexchange.com/questions/9898/does-down-syndrome-make-one-a-shoteh/9899#9899
DeleteI am not aware that this is a significant issue - contrary to what is stated in article. Does anyone know of cases where people don't allow a special needs child to do mitzvos?
DeleteThe issue isn't about ALLOWING a special needs child to do mitzvos. It's about how much is a parent obligated in TEACHING him to do mitzvos and/or ENABLING him to do mitzvos. There's also a halachic issue about acts of acquisition/selling that he may do. Also, if he was מקדש a woman, does she become an אשת איש?
DeleteIs there a Halachic obligation of Chinuch, despite the medical establishment's designation?
DeleteAre his actions legally binding, despite the medical establishment's designation?