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assume that a warning from the police, under beis din’s authorization,
will likely be effective. This way, they won’t take the child away from
him and separate them. However, if it appears to beis din that a warn-
ing will not help, the child should be distanced from his father’s home
and should be placed with an appropriate foster family [but under
no circumstances should he be put up for adoption which involves a
possible transgression of “stealing a person”].

However, there was a case of a woman who in a fit of anger threw
her child out of a window and miraculously, in Heaven’s kindness,
the child was saved. In such a case the woman is considered utterly
insane. Even if she exhibits no other indications of being a shotah she
is treated like an imbecile who loses everything he is given – because
there is no greater gift than a child. Even if she hasn’t established a
habit of doing this because it hasn’t happened three times the child
is still presumed to be in danger. This single occasion is grounds for
concern and the child should not be returned to his mother’s home.

ɳ Summary and Conclusions

1. When parents are agitated and are inept child raisers this
is not sufficient justification for taking children away from
their parents and putting them up for adoption. The limit
is when there is possible danger to the children’s lives.

2. Even behaviors such as stuttering and bed wetting etc. on a
child’s part which are evidence of some emotional damage,
may not justify putting the child up for adoption against
the parents’ wishes2.

3. In regard to the father who has already pushed his son sev-
eral times while holding a knife – apparently without any
intention of stabbing him – we may assume that a warning
by the police, under beis din’s directions will probably help.
If chas veshalom it won’t help, the child should be removed

2. It should be pointed out that adoptions carried out by Israel’s Ministry of Wel-
fare usually have the full consent of the biological parents.

236 1 Medical-Halachic Responsa of Rav Zilberstein