Page 384 - EFI-RAV ZILBERSTIN_VOL 8.EFI-RAV ZILBERSTIN_VOL 8.1A
P. 384

Pg: 384 - 12-Front 21-10-31                                  12

                    considered a shoteh but is considered to be suffering from
                    the gandrifas condition, for a person is only considered a
                    shoteh after exhibiting imbecilic behaviors with no apparent
                    cause11. This woman however, who said explicitly that she
                    behaved as she did in her anguish over her husband having
                    left her and that she was seized with cramp [muscle spasm]
                    and that she then tore her clothing – which is sometimes
                    seen in this type of patient – is not considered a shotah.
                    Even though the gemara says that according to all opinions
                    a person who tears his clothing is a shoteh, this is only when
                    it cannot be attributed to any other cause.”

         The meaning of Rashi’s comments in Chagigah (above), have become
         clear to me in light of the Beis Yitzchak’s comments. Rashi explains
         that the gemara’s question, “Who is a shoteh?” relates to exemption
         from mitzvos and from punishment and to the invalidity of his
         transactions. One might wonder why Rashi omitted to list a shoteh’s
         disqualification from testifying, for a shoteh is disqualified to act as a
         witness. The answer is that going out alone at night – even without
         showing any other types of imbecilic behavior – suffices for disquali-
         fying a person to serve as a witness. Even if we attribute his nocturnal
         wanderings to the gandrifas condition this is sufficient reason to
         refuse to accept his testimony, for we only accept testimony from a
         witness whose mind is quite clear and even though a sufferer from
         gandrifas is not considered a shoteh neither is he considered as having
         a clear mind.12

           11.	 The Beis Yitzchak writes further that there is a case where a person will be
                considered a shoteh even when there is cause for his behavior; this is when his
                brain ventricles have been damaged, as in the disease kordaikos, mentioned in the
                seventh chap. of Gittin. The Rambam explains (ibid.) that this condition results
                from the ventricles becoming filled with blood, causing the patient to become
                incoherent and that it is related to epilepsy. See Darcei Teshuvah, Yoreh De’ah
                1:155 and Teshuvos Chasam Sofer, Yoreh De’ah #7.

           12.	 See too, our comments on this topic earlier, siman 204 (s.v. Now we shall ex-
                plain, #6), citing the Noda B’yehudah.

368  1  Medical-Halachic Responsa of Rav Zilberstein
   379   380   381   382   383   384   385   386   387   388   389