Religious Milestones and Down syndrome

May 31, 2007 on 2:01 am | In Uncategorized | No Comments

In order to properly address the issue of a Bar Mitzvah for a child who is mentally retarded or has Down syndrome let us examine the Torah sources. Most halacha agrees that a child who has Down syndrome is most likely exempt from the Mitzvahs. However in order to examine this closer we need to decide what is the intent of this decision and what is the rationale behind them.

Even a minor, under the age of Bar Mitzvah, is allowed to be called up to the Torah. This provided that he understands to whom he is addressing his blessings. (Shulchan Aruch, Ora Chaim 282:3 – According to R. Karo “where a minor who can be counted as one of the mezuman [one of the quorum of three] for Birkas Hamazon).

The comparison between a minor in this case and a mentally retarded person who has achieved Bar Mitzvah is the source of this measure of acceptance.

Now this could serve as a double edge sword in terms of qualifying a mentally retarded person since if he cannot pass this simple test then in theory he would not be allowed to participate. That is strictly speaking the law. However, there is the spirit of the law as well that needs to be taken into consideration.

A person who cannot decide which direction is east towards Jerusalem is none-the-less obligated to daven.

In order for persons with handicap, both mental and physical, to become fully accepted in society we need to change direction.

First we need to develop acceptance and eliminate the dependency on the society at large to instill a sense of individual autonomy.

This must begin with the handicapable people themselves. They must resist the freight and flight reaction which fosters a sense of inferiority and weakness.

In order to escape the prison of disability we must allow ourselves into their lives. We must look beyond the differences for the similarities of Tzelem Elokim.

In the Image of G-d is an interesting if not baffling concept when discussed in the context of handicap and disability. If we are in the Image of G-d and the person with a disability is also in the same mold then what is our common denominator.

Is it indeed the ability to accept that which is difficult to accept? Is it the ability to be humble whether it is imposed or demonstrated to us? Is it the ability to mark the milestones in our lives merely because that is what we are supposed to do?

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