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Crimes of the Mentally Ill

How does the torah view a person (Jew) with mental illness that does a horrible crime? Can or should we have rachmonus on such a Jew? This is very pertinent question after the events of last week that took place in Brooklyn. Please help us with an answer.

Answer:

If a baby were to somehow commit a "terrible crime," such as causing death by pulling a cord and causing a heavy item to fall on the head of another baby, we would not feel anger and indignation at the baby, but rather direct our anger at whoever permitted the incident to take place.

The same is true for the mentally ill, who cannot take responsibility for themselves, and are the responsibility of the community.

However, this can only apply to somebody who is considered a true shoteh in halachah, for which there are specific signs (see Chagigah 3b). According to some authorities, a person can be considered a shoteh even without the specific indications mentioned in the Gemara (see Rambam, Laws of Eidus 9:9; however, see Beis Yosef, Even Ha-Ezer 119, citing from Maharik and others; see also Iggros Moshe, Orach Chaim Vol. 1, no. 55, sec. 2).

Either way, this cannot be applied to an adult who is in control of his actions, and idiosyncrasies, childhood traumas, and various syndromes (such as ADHD and so on), don't render a person a shoteh. I don't believe the issue has any bearing on the Brooklyn tragedy.

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