Sometimes, I write something that is totally different from the usual subjects. I may just be “intrigued” by a certain subject and decide to write on it, like now. I wanted to get some thoughts on what the Hebrew law had to say about insanity. Maybe this is because I’m feeling close to that subject these days, who knows? In Hebrew an insane person is called a shoteh. They are regarded as incompetent and irresponsible in all respects. Hey, I know people who fit this description already, but let’s read on. He is exempt from the performance of all commandments. His testimony is not accepted in court, and contractual obligations like the sale of property, is null and void. He cannot enter into marriage, or divorce his wife, “if he was sane when he married her.” Does this mean us women could really drive a man insane?

He is not liable for any damage or assault he may cause, although others who assault him are liable. If a “man’s wife” becomes legally insane, he can not divorce her either, for fear she may be sexually assaulted. Since he cannot maintain normal conjugal relations with her, he may marry another woman despite the ban on bigamy. But hold on, he must have a release signed by one hundred Rabbi’s and be able to arrange for the first wife’s continual care. After all, this is only fair since he probably was the one who drove her off the deep end to begin with.

It is also considered the shoteh has no sense of shame and one who shames him is not liable. If someone sends a shoteh to do some harm to someone's property however, the person who sent him is liable. The Talmud lists as symptoms of a person’s mental incompetence as: going out alone at night, (were they in Detroit when they wrote this one) remaining in a cemetery overnight, and tearing his garment with no rational explanation. Maimonides adds: A shoteh walks about without clothes, breaks vessels, throws stones, and is always confused about everything. It is noted that some people are subject to spells of “temporary insanity.” When sane they are regarded as normal in all respects, when insane they are regarded insane in all respects. Now all these symptoms do not fit “all” cases, these are just a guideline to go by. I believe it wouldn’t hurt to check out the symptoms though. Hopefully, it doesn’t fit any of your family members or in laws!