CCAR RESPONSA
American Reform Responsa
67. Mental Competency of a Convert
(1979)
QUESTION: A prospective convert appears to be mentally unbalanced (paranoid), therefore, his understanding of Judaism is limited. Shall we accept or reject such a convert? (Elizabeth Levine, Congregation Beth-El, Fort Worth, Texas)
ANSWER: Conversion to Judaism is a major religious step which cannot be taken lightly; this act has legal (halachic) implications. It is clear that Jewish law mandates that anyone acting in a legal capacity must be mentally competent (Git. 23a; Yad, Hil. Edut 9.9; Shulchan Aruch, Choshen Mishpat 188.2). The tradition also demands that any individual engaged in a religious act, especially initially (lechatechila) must be completely mentally competent (Mishna 18, Rosh Hashana 8; Meg. 2.4; Chag. 1.1; Men. 9.8; Git. 2.5, etc.). The mentally incompetent and those with other deficiencies could not engage in a valid religious act. If certain kinds of ritual acts had been done by someone mentally incompetent and performed properly, then they were considered acceptable bedi-avad.
The Talmudic authorities and the Rabbinic authorities subsequently struggled to achieve a proper definition of mental incompetence and found it as difficult as we in modern times. They, of course, pointed to a variety of strange behavior (Chag. 3b; Nid. 17a; Shulchan Aruch, Yoreh De-a 1.5). Ultimately, this was left to the insight of the presiding judge (Yad, Hil. Edut 9.9; Hil. San. 2.1). These basic decisions were followed by the responsa as well (Isaac b. Sheshet, Responsa, #468; Rashbam, Responsa, vol. 2, no. 1, etc.), and were not modified in any substantial manner.
The Rabbinic injunction that conversion be carried out before a Beit Din which shall consist of three members (Yev. 46b) makes it clear that this act, although basically religious in nature, is a legal transaction. Therefore, all of the above statements would be applicable. A person who proved to be mentally incompetent, but had been converted to Judaism, is accepted bedi-avad, but certainly not lechatechila.
As a complete understanding of all aspects of Juda ism is necessary for a sincere and complete conversion, such prospective converts must be of sound mind and mentally competent. We cannot accept individuals who do not meet these prerequisites.
Walter Jacob
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