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Tzohar Rabbis: A Deaf Person has a Chiyuv in Mitzvos


stavAs Shabbos Vayeishev approaches, marked by many in Israel as “Shabbos Accessibility”, the Tzohar Rabbonim organization has announced a psak halacha pertaining to deaf Jews. The psak says that in our times, a deaf person has the same obligation to fulfill mitzvos as anyone else, and may be counted to complete a minyan, to be a chazan, and get an aliyah.

“It is incumbent on each and every one of us to accept a deaf person and persons with disabilities as equal” reads the psak.

“חובה על כל אחד ואחד מאיתנו לקבל חירשים ובעלי לקויות כשווה בין שווים”.

Tzohar explains that accepted halacha states that since a deaf person cannot hear, he is not a ‘baal daas’ and therefore, not obligated in mitzvos.

Tzohar explains that in recent years, poskim have held many discussion regarding the deaf community vis-à-vis how to categorize one as ‘deaf’ since today, according to all, many are ‘baal daas’ as a result of treatments available today. Tzohar feels that one who hears and understands with the assistance of a hearing aid or cochlear implant is a ‘baal daas’ as anyone with regular hearing. Such a person may be a chazan too providing he is an acceptable level of speech. Hence, such a person can be a shaliach for reading the megillah, kiddush, havdalah and all other brachos where applicable.

Tzohar calls on rabbonim to speak to the public on the matter of accessibility for the disabled and increase awareness in this area and on other matters such as accommodating the disabled in shuls and even purchasing siddurim that are accessible.

Tzohar explains that in our communities today, there are many shuls that are not accessible and generally speaking, we do not pay attention to this because for us, this generally refers to people with crutches or in wheelchairs. However, there are many others who go unnoticed, who are unseen. Tzohar adds there are many other disability issues that are not addressed such as siddurim for the visually impaired. Tzohar hopes this coming Shabbos will serve to increase awareness nationwide.

(YWN – Israel Desk, Jerusalem)



5 Responses

  1. The headline is deceptive. They only paskened that one who can hear by means of hearing aids of a cochlear implant is a bar da’as, not someone who is functionally deaf.
    While Tzohar is not necessarily above disagreeing with the Gemara and Shulchan Aruch, this is not one of those cases.

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