Rabbi Aryeh Klapper on Halchic Requirements for the Mentally Ill

Rabbi Aryeh Klapper is Dean of the Center for Modern Torah Leadership, Rosh Beit Midrash of its Summer Beit Midrash Program and a member of the Boston Beit Din.Rabbi Klapper is a widely published author in prestigious Hebrew and English journals. He is frequently consulted on issues of Jewish law from representatives of all streams of Judaism and responds from an explicit and uncompromised Orthodox stance.In this Shiur, given in late 2017 at Yeshivat Eretz HaTzvi in Yerushalayim -Rabbi Klapper tackles the Halachic issues and responsibilities of seniors dealing with various stages of dementia, sufferers of manic depression, people dealing with extreme paranoia, individuals with antiscocial personality disorder, persons with autism,and down syndrome children.Drawing from actual shailos asked to him,Rabbi Klapper explores whether the Megilah can be read with a Bracha to the Alzheimer afflicted Holocaust survivor,or whether the young woman who was deathly certain the whole Shul was out to strangle her had fulfilled her responsibility to hear Shofar.He also shines a legalistic lens on the common practice of having Bar Mitzvah celebrations replete with Brachos on the Torah for developmentally disabled children who had reached the age of majority.Beginning with an exploration of the concept of "Gadol HaMetzuvah VeOseh....",and the emphatic articulation of Rav Aharon Lichtenstein on the seminal importance that Judaism assigns to being in a relationship to a Commander,touching on the comments of Tosfos in Kedushin who introduces the idea of the "transgressive thrill" that only effects ones who have the obligation,the Rabbi then leads his engaged listeners into asking for themselves if they are comfortable with solutions like those proposed by Rav Chaim Pinchas Scheinberg,that encourage society to support Halachic behavior for these persons due to the principle of Kavod HaBrios,while leaving them in truth without any real obligations.Working off the Eretz HaTzvi Yeshiva students' responses,Rabbi Klapper suggests a framework for creating a Rabbinic Chiyuv for society's sake ,modeled on the Torah's own exemptions for women in Mitzvos aseh She Hazman Grama for the better of the home foundation.He finds precedent for this in the position of Tosfos in Megillah 24 who writes in regards to Rebbe Yehuda Bar illai's opinion that ואפילו נסתמא משנולד מכל מקום חייב הוא מדבנן שלא יהא כנכרי ולא יהא נוהג בו דת יהודי כללHe introduces the ingenious question of Rav Mordechai Feinstein(Rav Moshe's brother)of how someone who is exempt from Mitzvos,can still be bound by the Lo Sosur exhortation from God to follow the legislation enacted by the Rabbis,and leads the class in reading and appreciating the brilliant answer offered that has such consequence.As he approaches the solutions to the thorny problems laid out,Rabbi Klapper treats the Talmidim to quicksilver flashes of the formulations of the Minchas Chinuch in regards to a Child's obligations concerning his inherited slaves circumcision in order to take part in the eating of the Paschal Lamb,and Rav Yaakov Chagiz's logical path in sanctioning the murder of a Shoteh who is Patur in Mitzvos.He concludes with an alternative of the standard text in Rosh haShana 28 preserved by Rashi,of one who blows Shofar to exorcise a demon,where the obligation is fulfilled,despite the clear mental distress the Tokea is enveloped in-which should exclude any level of discharging his Mitzvah .Using a principle put forth by Rav Betzalel Zev Shafran that distinguishes between one overwhelmed completely by mental illness to one who evinces insight into their situation,and struggle to fulfill commandments despite the "Shed" that hounds them,Rabbi Klapper leaves his audience with the tools to navigate this extremely important and in many ways uncharted area of Jewish Law.The Yeshiva of Newark @IDT is proud to partner with Rabbi Klapper to help spread his scholarly thoughtful ideas and Halachic insight to as wide an audience as possible .Please visithttp://www.torahleadership.org/for many more articles and audio classes from Rav Klapper and to find out about his Summer programs as well as Rabbi Klapper's own podcast sitehttps://anchor.fm/aryeh-klapper.Please leave us a review or email us at [email protected] more information on this podcast visityeshivaofnewark.jewishpodcasts.org See acast.com/privacy for privacy and opt-out information. This podcast has been graciously sponsored by JewishPodcasts.fm. There is much overhead to maintain this service so please help us continue our goal of helping Jewish lecturers become podcasters and support us with a donation: https://thechesedfund.com/jewishpodcasts/donate