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ever, we made the argument that this young woman should not be
viewed as a shotah solely on account of her suicide attempt since her
speech is otherwise reasoned and coherent.
This should be reconsidered in light of the comments of the Toras
Gittin (121, Biurim 5) in explaining the gemara in Chagiga (3b): “The
Rabannan learned, Who is a shoteh? [Rashi explains: “Who is the
shoteh mentioned in general, who is exempt from mitzvos and from
punishments and whose acquisitions and sales are invalid?] – a person
who goes out alone at night, who stays overnight in a cemetery, who
tears his clothes and who loses everything that is given to him.” The
Toras Gittin explains that the gemara is not referring an individual
who goes about unclothed, who breaks utensils and throws stones,
for the above signs are unnecessary for determining his imbecility,
as explained in the Rambam. (Hilchos Eidus 9:9) Rather, the gemara
refers to a person who in all other respects behaves normally but who
has displayed one of these types of behavior on three occasions – here
Chazal determine that such a person is considered a shoteh.
In light of this maybe we should consider the young woman as “a
shotah” who destroys the most precious thing she has been given –
her life. In consequence, it will be permissible to kill the fetus that is
aggravating her illness that could result in her death, for the fetus is
considered a rodef. Just as we find in the Magen Avraham and the Pri
Megadim (Orach Chaim 554:8),“A mentally impaired individual who
is improving daily should not fast on Yom Kippur if fasting will be
dangerous and there is concern that he might relapse into his former
state of idiocy,” we will allow the fetus to be killed in order to save the
young woman’s life.
Now in the responsa of the Beis Yitzchak (Even Ha’ezer 2,2) we
find:
“There was a case involving a married woman who became
deranged and spoke a lot. She went five nights without
sleeping. Sometimes she tore her robe; other times she went
about the house with her head uncovered and stood around
unclothed. When asked why she tore her clothes she replied
366 1 Medical-Halachic Responsa of Rav Zilberstein