CCAR RESPONSA
New American Reform Responsa
43. Handicapped Access
QUESTION: My synagogue is interested in designing access to the building for the handicapped. We face unusual difficulties because of our landmarks status at Central Synagogue in New York. Although we have engaged an outstanding architect to prepare the plans and supervise the construction, some individuals connected with the historic landmark institutions object to any change in the building. What responsibilities does a synagogue have toward handicapped congregants? What does tradition say about this matter? (Rabbi Stanley M. Davids, New York NY)ANSWER: The Jewish Biblical tradition, and later rabbinic tradition, dealt primarily with the deaf, the mute, and the blind (Lev. 19.14 ff). Rabbinic literature separated the deaf and mutes from the others as these individuals were considered unable to understand like the insane, and so incapable of participating in general or religious life (Hag 3.5; R H 29a; Eruv 31b; Hul 2a). For the lame no disabilities were indicated except that along with the blind they could not serve as priests (Lev 21.18); neither could anyone else with a permanent blemish. The blind were free from religious obligations (B K 87a; Kid 31a), but according to their ability were permitted to participate and lead services. So a blind hazan was permitted to officiate although he was not to read from the Torah (Meg 24a; Get 60b; Yad Hil Tef 8.12; Shulhan Arukh Orah Hayim 53.14; Git 60b). There was no discussion of other physical disabilities as such individuals have been considered part of the general community. They possessed all the rights and obligations of any other Jew including the obligation to pray with a minyan in a formal service (Shulhan Arukh Orah Hayim 90, 109, etc.; Peter S. Knobel (ed) Gates of Mitzvah p 12). No Jew could be excluded from religious service except in those rare occasions when the community used the herem as punishment (Rabenu Gershom Taqanot in Louis Finkelstein’s Jewish Self-Government in the Middle Ages pp 120 f). Extraordinary steps have always been taken to assure a minyan for mourners and for those unable to attend synagogue services. In the medieval period when synagogues were often located in a common courtyard, access could not be blocked in any way, nor could it be made difficult (Meir of Rothenburg Responsa #541, 542 Shulhan Arukh Orah Hayim 150). Landmark status is important and serves us well in our effort to preserve historic synagogues and to maintain the Jewish artistic architectural tradition, however, the primary object of the synagogue is to serve all the members of our community. As the number of aged increases so will the number of individuals who are handicapped. It is an obligation for us to serve all segments of the community and to provide access to our synagogues for those who are handicapped.December 1988
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