As one who spent his professional career as a physician caring for the hearing impaired this Sugya presents issues for me.
Until 100 years ago it was a commonly held notion that a deaf-mute was mentally incompetent and committed for life to an INSANE ASYLUM.
Hearing impairment can be treated with a variety of approaches depending on the type... cleaning out wax , hearing aids , cochlear implants, sign language, lip reading and combinations.
I have no issue with the Torah's standards set for the performance of mitzvot. My objection is the reference to the Deaf-mute and mental incompetence.
It is interesting to me that my sensitivity may be related to my professional experience but it is concerning that this issue is a non issue to my Torah Teachers and learning partners.
I accept the "It is because it is" approach, but object to the response "it is because it is" without an interest in introducing modern concepts to better understand the Torah Concepts.
Thank you,
Dr. Mark May
Dear Dr. May,
When approaching the Sugya of 'Da'as', we must keep in mind that we are not discussing the subject of intellectual acuity. For example, I am sure you are familiar with minors that boast remarkable intellectual prowess. The Gemara in Avodah Zarah 56b speaks about a 6-year old who knew the laws of Avodah Zarah so well that the Chachamim would advise with him regarding Halachic issues. Nonetheless, Chazal tell us that even child prodigies lack the quality known as 'Da'as' and therefore they cannot be punished in court, they are exempt from Mitzvos, they cannot make Kinyanim etc.
Chazal do not say that a Cheresh is mentally deficient. Rather, they tell us that he lacks Da'as, just like a very intelligent youngster.
It is impossible for us to define and measure the quality called Da'as, as an IQ test or anything of the sort will not help, as mentioned above. (Perhaps it is some spiritual quality altogether.) Therefore we cannot second-guess Chazal, who teach us that a Cheresh lacks it. The source for their information was not hands-on observation, but rather extrapolations and exegetical inferences from verses in the Torah, and a Mesorah stretching back to Har Sinai.
b'Yedidus,
Yonasan Sigler