Equally Abled:

Jewish Perspectives on Disabilities

Hagalil USY

Fall Convention 2001

Prepared by

Ari S. Yares

Jesse Olitzky Michelle Rich

USY Regional President Director of Education and Youth Activities


Session 1

Text Study: And be a blessing?

Mishne Torah, Hilchot Brachot 10:12











One who sees... people with disfigured faces or limbs, recites the blessing, “Blessed are You, Lord our God, King of the universe, who makes people different.” One who sees a person who is blind or who is covered with sores and white pustules[1] [or similar ailments], recites the blessing, “Blessed are You, Lord our God, King of the universe, who is a righteous judge.” But if they were born that way [with the disability], one says, “...who makes people different.”

Mishnah, Sanhedrin 4:5









For this reason was man created alone, to teach you that anyone who destroys a single soul of Israel, scripture imputes [guilt] to him as though he had destroyed a complete world; and anyone who preserves a single soul of Israel, scripture ascribes [merit] to him as though he had preserved a complete world. Furthermore, [he was created alone] for the sake of peace among men, that one might not say to his fellow, my father was greater than your father.


Session 2

Text Study I: Biblical Figures and Their Disabilities

Moses

Exodus 4:1





But Moses spoke up and said, "What if they do not believe me and do not listen to me, but say: “The Lord did not appear to you?”?

Exodus 4:10-12









But Moses said to Adonai, "Please, O God, I have never been a man of words, either in times past or now that You have spoken to Your servant; I am slow of speech and slow of tongue." And God said to him, "Who gives man speech? Who makes him dumb or deaf, seeing or blind? Is it not I, God? Now go, and I will be with you as you speak and will instruct you what to say."

1. Why was Moses hesitant to act as a spokesperson for God?

2. Why does God insist that Moses act as God’s spokesperson despite his disability?

3. What does that tell us about God’s attitude towards the disabled?

4. In this text, Moses cites his poor speaking ability as a reason for him not to be God's chosen emissary. Are there any impediments that keep you from speaking as a leader?

5. The Hebrew text uses the term k'ved, lit., heavy mouth and heavy tongue, to describe Moses' manner of speaking. What issues or words weigh heavily upon our tongues, making it difficult for us to express them publicly?

6. How does knowing that Moses had an impairment compare to our secular concept of a spokesperson or a leader?

Miriam

Numbers 12:1-15































1. And Miriam and Aaron spoke against Moses because of the Kushite woman whom he had married; for he had married a Kushite woman. 2. And they said, Has the Lord indeed spoken only by Moses? Has he not spoken also by us? And the Lord heard it. 3. And the man Moses was very humble, more than any other men which were upon the face of the earth. 4. And the Lord spoke suddenly to Moses, and to Aaron, and to Miriam, Come out you three to the Tent of Meeting. And the three came out. 5. And the Lord came down in the pillar of the cloud, and stood in the door of the Tent, and called Aaron and Miriam; and they both came forth. 6. And he said, Hear now my words; If there is a prophet among you, I the Lord will make myself known to him in a vision, and will speak to him in a dream. 7. Not so with my servant Moses, for he is the trusted one in all my house. 8. With him I speak mouth to mouth, manifestly, and not in dark speech; and he behold the form of the Lord. Why then were you not afraid to speak against my servant Moses? 9. And the anger of the Lord was kindled against them; and he departed. 10. And the cloud departed from off the Tent; and, behold, Miriam had become leprous, white as snow; and Aaron looked upon Miriam, and, behold, she was leprous. 11. And Aaron said to Moses, Oh, my lord, I beg you, lay not the sin upon us, because we have done foolishly, and because we have sinned. 12. Let her not be as one dead, of whom the flesh is half consumed when he comes out of his mother's womb. 13. And Moses cried to the Lord, saying, Heal her now, O God, I beseech you. 14. And the Lord said to Moses, If her father had but spit in her face, should she not be ashamed seven days? Let her be shut out from the camp seven days, and after that let her be received in again. 15. And Miriam was shut out from the camp seven days; and the people journeyed not till Miriam was brought in again. 16. And afterward the people removed from Hazeroth, and camped in the wilderness of Paran.

1. What was Miriam’s disability? What caused it?

2. Was this punishment from God justified? Why did it take the form of a debilitating illness?

3. What was the community’s reaction? Why was she sent out from the camp?

Isaac

Genesis 27:1





When Isaac was old and his eyes were too dim too see, he called his older son Esau and said to him, “My son.” He answered, “Here I am.”

1. Based upon your knowledge of the story of Jacob and Esau, was Isaac’s blindness emotional or physical?

2. Was Jacob justified in later taking advantage of his father’s blindness?

3. Did Isaac have other issues besides being blind? Think about how old his parents were when he as born.

Genesis 21:2



Sarah conceived and bore a son to Abraham in his old age, at the set time of which God had spoken

1. We know today that children born to older parents have a higher risk of birth defects. Could this have been the case with Isaac?

2. Could Akaidat Yitzchak (the binding of Isaac) been an attempt by Abraham to get rid of a child with a defect?

Text Study II: The Big Kahunas

Leviticus 21:17-21











17. Speak to Aaron, saying, Whoever he is of your seed in their generations who has any blemish, let him not approach to offer the bread of his God. 18. For whichever man he is who has a blemish, he shall not approach; a blind man, or a lame, or he who has a flat nose, or any thing superfluous, 19. Or a man who is broken footed, or broken handed,

20. Or crook backed, or a dwarf, or who has a blemish in his eye, or is scurvy, or scabbed, or has his stones broken; 21. No man, of the seed of Aaron the priest, who has a blemish shall come close to offer the offerings of the Lord made by fire; he has a blemish; he shall not come near to offer the bread of his God.

A Halachic Dilemma: Can a deaf person have an aliyah?

Babylonian Talmud, Hagigah 2b

A person who is deaf and mute is not of sound mind.

Rashi’s Commentary on Babylonian Talmud, Hagigah 3b

A deaf person, a retarded person, and a minor [prior to bar mitzvah] cannot perform a religious duty on behalf of a group. This is the general principle: one who is not himself under obligation to perform a religious duty cannot perform it on behalf of a congregation.

Babylonian Talmud, Brachot 15a

If one recites the Shema without hearing what he say, he has fulfilled his obligation. Rabbi Jose says he has not fulfilled it.

Shulchan Aruch, Hilchot Kriyaat Shema 62:2

One must hear with one’s ears what one utters with one’s mouth, but if one did not hear, he still fulfills the obligation, as long as his lips utter [the words].

Responsum of Rabbi Aryeh L. Grossnass, Beit Din of London

And therefore according to the law in our case we can call a deaf individual to the Torah for his Bar Mitzvah, to recite the blessings and to read his Torah portion... Nevertheless with reading the Torah, whose entire obligation is the public study of the Torah even through it must be from the scroll, we do not require one’s hearing oneself. And as for the blessings for the Torah, he can also recite them even though from the outset he should be able to hear himself, yet since the Torah blessing is mainly for the honor of the congregation, he might not even to fulfill their obligation, but simply recite the blessing for his own reading. And, regarding his obligation, since he cannot possibly hear, it as if he fulfilled it after the fact although he could not hear himself. Even if we say that the congregation must fulfill their obligation by hearing the blessing, certainly they can do this with the others who come up.


Scenarios: You Be the Judge

Scenario 1

A woman is married to someone who has been committed to a mental institution. They were married for several years before his disability became obvious. Since a man must be mentally competent to grant a divorce, can the woman obtain a divorce according to Jewish law?

Scenario 2

A fifteen-year-old boy, blind from birth, read a haftorah for his Bar Mitzvah from Braille. He now wants to learn how to read the Torah. May he read Torah from Braille?

Scenario 3

A woman, now converting to Judaism, wants her 16-year-old son to be converted, as well. The boy has Down*s Syndrome, and the intellectual capacity of a five year old. Can the boy be converted, assuming a conversion requires one*s consent and knowledge?

Scenario 4

May a seeing—eye dog be brought into a sanctuary or onto the bimah?

Session 3

Jewish Communal Responsibility: Am I My Brother’s Keeper?

Genesis 4:9





Cain said to his brother Abel... and when they were in the field, Cain set upon his brother Abel and killed him. The Lord said to Cain, “Where is your brother Abel?” And he said, “I do not know. Am I my brother’s keeper?”

Deutoronomy 22:8





When you build a new house, you shall make a parapet for your roof, so that you do not bring bloodguilt on your house if anyone should fall from it.

1


Leviticus 19:14



You shall not insult the deaf, or put a stumbling block before the blind. You shall fear your God: I am the Lord.

Pirkei Avot, 1:14





[Hillel] said, “If I am not for myself, who will be for me? And if I am only for myself, what am I? And if not now when?”

Pirkei Avot, 2:5



Hillel said, “Do not separate yourself from the community.”

THE FRIEMBLY BOG

Once ubom a tmle there was a friembi dab!. His name saw Jake. Jake belombeb to Bavig and Bhte. Davib and Beth aar tins. They ar nime yrse dol.

On e tome Jak went dow to the cellra. H was a ducket of soab. The tins wer doing to wsah the car. He liked some saop buddies out fo the ducket. When he darked, dig dubbles ca me out of his muth!

Last sum mre Jak founb a frenb. His frien sqw a tac.named Freb. They blayde all bay. They nar aroumb and aroumbb tye yarb. Jake chased the tac ub to tre. Freb climded up easily. Jake triob t and trieb dut ehe slib back bown!


Synagogue Accessibility Checklist

Think of your synagogue. Just how accessible is it? Perhaps the following checklist, will prove helpful in your evaluation:

An accessible congregation is one that has overcome three barriers:

1. The physical or architectural barriers that make it difficult for persons with handicaps to enter;

2. The communication barriers in sight, sound and understanding which impede the communication of the message and inhibit participation;

3. The attitudinal barriers that make persons with handicaps feel unwelcome.

Put a check—mark next to each item the synagogue has; work toward having a check—mark for the entire list.

Approach

1. Parking spaces marked “Reserved for the Disabled.” Spaces should be 12 feet wide to open door; no loose gravel.

2. Level approach to the synagogue— sidewalk to curb or curb ramps to street.

3. Ramps where there is a change in grade level and/or steps at some entrances.

a. Ramps where steps are unavoidable. Multi—level buildings are barricades for some disabled unless modifications are made.

b. Non—slip surface material, not heavy carpet.

c. Minimum ramp width of 32 inches.

d. Rise of no more than one foot for 12 feet of ramp

4. Handrails 32-38 inches wide, 30-32 inches high.

a. At inside/outside ramps.

b. At inside/outside steps, including steps to the bimah.

c. In traffic halls.

d. In washrooms and toilets.

Doors

1. Entry doors 36-38 inches wide - at least one door.

2. Inside doors 30-32 inches clear opening.

3. Doors swing without conflict with wheelchairs. It is easier to open a door inward.

4. Vertical door handles or horizontal door bars, rather than slippery round knobs.

5. Blunt doorsills

6. Sliding doors with recessed lower channel. These are even better for wheelchairs than some swinging doors.

Corridors

1. At least 36 inches wide. It takes at least 54 inches. It takes turn a wheelchair.

2. Nonskid floors.

Sanctuary

1. Accommodations for those on crutches or with walkers. One or two rows or seats or pews 32 inches apart.

2. Accommodations for wheelchairs by removing a few rows of seats near the front, allowing space to maneuver comfortably.

3. Nonskid, nonglare floors.

4. Padded seats for some pews, or seat pads that can be handed out.

Rest Rooms

1. Entry 30—32 inches wide.

2. At least one stall 5 feet deep in the Men*s and Women*s Rooms, wide enough for a wheelchair 38 inches wide; and slide curtain or door that swings out.

3. Grab bars in the toilet seat stall, 30 inches high, extending 24 inches from midway of the commode; in the urinal stall, the bar fixed vertically to stabilize one on crutches.

4. One washbasin 30 inches high for wheelchairs.