[Avodah] Insanity

Daniel M. Israel dmi1 at cornell.edu
Thu Jul 14 23:28:40 PDT 2011


There's been some discussion of insanity pleas on Areivim.  I'm just wondering, is there any basis in halacha for such a plea?  In secular law the delicate line we tread is a realization that some of the more heinous crimes one can commit seem to require the perpetrator to be insane by definition, OTOH, we do see some people who are clearly so clinically impaired it is hard to hold them responsible for their actions.  We do have a Torah concept that one does not sin except in a spirit of "insanity", but is there a source to distinguish between the craziness that lies behind every sin and a level of impairment that might actually be considered extenuating circumstances?

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Daniel M. Israel
President, Kol BeRamah Torah Learning Center
daniel at kolberamah.org






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