Psychiatric Hazard in the Halachic Disposition Towards Religious Practice in Their Lives
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have directly experienced some form of be that to be able to comfortably deal with Psychiatric Hazard in the Halachic Disposition Towards religious practice in their lives. While many these issues, workers themselves may need to Birth Control and Abortion: The Role of the Caseworker assume life styles organized around the understand this phenomenon and its effects on MOSHE HALEVI SPERO secularized patterns of American culture, there their own lives, while the field of social School of Applied Social Sciences, Case Western Reserve University, Cleveland, Ohio are also, as in the Orthodox group, hallmarks casework itself should attempt to probe into The entire area of psychological problems and severe emotional disturbances and their bearing on of the calendar year—i.e. Yom Kippur, religious identity as a determinant to behavior. Halachic questions has not as of yet been adequately explored. Passover, etc.; events of life—birth, death, This paper has attempted to develop a T David Blekh Bar Mitzvah, marriages, divorces, etc.; and number of theses regarding the treatment of The observant Jew guides action and conditioned by the limitations of and changes events of history such as the Six-Day War, religiously oriented clients in a casework decisions for action by the dynamic require in that reality. Historic circumstances may Yom Kippur War, U.N. resolution against agency. The primary issues have been the ments of the institution of the Halacha in any determine the application of a great many Israel and World Jewry, etc. which are con influence of group pressures on identity, specific regard. The observant Jewish social Halachot, commandments and practices,3 stantly playing upon conscious and even vague religious contention as a conduit for other service client engaged in individual, family, Halachic statements are not always absolute,4 religious sensitivities. The degree of impact impacted areas of development and its role in vocational or marital counseling finds him or some laws are contingent on the vicissiiudes of varies according to religious and psychological marital complimentarity. Finally, there are herself no less bound by the valences of the human desires and personality factors can also variables. During the course of treatment, it is my observations on how assessing religious Halachic process even when the actions in effect Halachic decisions.5 Moreover, there is probable that for many families some such practice can be a diagnostic tool for the skilled question fall under the aegis of therapeutic a legitimate place for and process of change in events will play a role in their daily life. These practitioner and how this practice can be used. necessity. That is, for example, assertiveness the Halachic system, one that is sensitive to are periods of time when religion or religious The continuous theme throughout this work training needs to be instituted within the both the exigencies of the individual as well as identity comes to the fore of consciousness and has been the message that religion is a framework of the Halachot (laws) of derech to the fluid realities of changing times. To be becomes a key determinant of psychological pervasive and ubiquitous force throughout life eretz I'horim u'morim (respect for parents and sure, there is disagreement in certain camps as functioning. Intermarriage can affect families to some groups and individuals. It colors teachers); sex therapy engaged in with respect to exactly how far Halacha may bend to meet in such a way, and a separate paper is needed relationships with others, perception of self, to the laws of taharat hamishpacha (family these needs and about how fluid this process to deal with this phenomenon alone. Practi and, like other ideologies, can be used in both purity); discussions of attitudinal and value truly is; it suffices for this discussion that the tioners should be aware of the ebbing of such positive and negative ways, dependent on change within the light of Torah and rabbinic particular Halachic understanding of the client feelings within clients. However, a degree of innumerable variables. A worker treating understandings of Torah. surely plays a large role in determining the comfort is necessary on the part of the religious clients, then, must come to grasp its 6 The approach to Halacha which bestows attitude taken by the counselor/therapist. practitioner to deal with these issues in the very real and powerful influences, explicit and upon it such an all-encompassing power is that The above notwithstanding, I will orient this context of religious identity. It may very well implicit, on personal, individual identity. it is not a mere random collection of rules and study to deal specifically with the observant Jewish client for the following reasons: (1) His rabbinic statements but rather is a system of perceptions are usually the hardest thought and conduct based on the dialectic Halachic between the word of God and the latitude of 3 Talmud Erushin 29a; Sanhedrin 20b; personal initiative. "Halacha is a vast system Kiddushin 36b; Sotah 47a-b;Avodah Zara of thought which extends over the limitless 8b;Zevachim 112b. (AH future references to ranges of human experience, subjugating them the Talmud may be followed according to the original pagination in the Soncino Edition to its critical scrutiny in the light of the Translation.) principles, regulations and laws revealed at 4 Eduuyut 1:15; Maimonides' Yad haCha- Sinai and unfolded in the rabbinic literature of zaka: Hilchot Mamrim, 2:1. There is also the subsequent millenia."2 concept of 'times (or natures) have changed,' Far from being a rigid structure, implicit in see Magen Avraham on Shulchan Aruch, the fact that Halacha addresses itself to Orech Chaim 179:6 and 173:1; Moed Katan mundane reality is the notion that it must be 11a—Tosefot 'kavra;' Avodah Zara24b— Tosefot 'parah'. * Mr. Spero is also associate editor of the 5 Kiddushin 21b; Sanhedrin 81b; Berachot new Journal of Psychology and Judaism. 16b; Makot 7a; Nidda61b; Deut. 19:6; 12:20; 1 David Bleich, "Abortion in Halachic 17:14; Or HaChayim to Leviticus 11:3. Literature," Tradition, 1968, 10(2), p. 101. 6 See R. Israel, "The Elusive Appeal to 2 D.S. Shapiro, "The Ideological Founda Authority in Rabbinic Counseling and Social tions of the Halakha," Tradition, 1967, Casework," Journal of Jewish Communal 9(1-2), p. 100. Services, 1969, 45, p. 303-311. 154 155 for the non-religious practitioner to under appropriate occasion for dispensing with pregnancy if carried to term—such as deaf rulings in the case of abortion rests upon (1) stand; (2) the concepts of "mental adjust otherwise strong prohibitions against birth ness^ or excruciating and debilitation (though the fact that an unborn fetus is considered less ment" or "balance" to such clientele will control and abortion.8 The increased aware not even life-threatening!) pain. 14 than human by Halacha and (2) that in any always be secondary in relation to a primary ness and availability of medically supervised Clearly, this is the physician's and rabbi's circumstance of physical or psychological concern of what one is Halachically allowed to abortion and prenatal disease testing (such as territory, where the final ruling is a Halachic danger to the pregnant mother, the fetus do to achieve such adjustment and balance, amniocentesis), coupled with the general ally composed issuance of the rabbi who, from assumes the legal status of a rodef, a pursuer, and (3) certain Halachic matters which appear heightened fear in this country of being a the theoretical standpoint, is the final arbiter which, although innocent and not as of yet a on the surface to be the sole concern of carrier of a Tay-Sachs, PKU or otherwise of action. 15 There is, however, another person, may be sacrificed when a Halachically rabbinic authority often require consultation genetically inferior fetus, has not been without leniency factor in the rabbinic disposition valid warrant exists to save the life of the with a trained professional in order for such strong effect on the formerly fervent anti- towards birth control and abortion: psychia mother; after birth, the neonate has equal rulings to be valid. Thus, for example, in 7 abortion stance of young married religious and tric hazard. How this is defined and by what claim to life. I determining the kashrut of certain synthetic 9 non-religious but scrupulous couples. criteria measured is no small problem and will The operative in this regard is not a matter foods, biochemical input is necessary; in Ostensibly, the caseworker does not enter be the central focus of the continuing of punishing the aggressor but saving the arbitrating a euthenasia decision, medical and the decision-making process in this regard at discussion—but it is here that the caseworker/ victim in time. One insightful commentary on technical information is required, etc.—in all all. That is to say, while Halacha does not therapist plays a significant role in the this topic notes that when circumstances such situations, the Halacha recognizes the recognize "social inconvenience" alone as a Halachic process. Before illustrating the demand, the concept of rodef implies that professional status of experts-in-the-field to sufficient warrant for relaxing said prohibi nature of this clinical-//a/acA/c intervention, a abortion is required rather than permitted such provide relevant information on natural tions, it very clearly recognizes threat to the brief overview of the past will be enlightening that even if out of love for her unborn child a phenomena which may come to bear on a mother's physical well-being, when caused by and useful. mother chooses to die so that it may live, her Halachic decision. the pregnancy, 10 as a lenience factor (so long choice is not Halachically acceptable.