#1: The Classic Cheresh and Halachic Daas

[Music] being high or not in its face but depending on ishmia and and dibor and it has a lot of implications which we're trying to try to clarify three types of corruption are discussed here in the suggest one's a herish that's badabi or venus that is able to speak even though he's not able to hear the second is a shimaya being a madame bear someone was able to hear even though he's not able to speak and both of those are considered to be kamikel kodvara for completely responsible for mid-space hybrid musician patera and the third is an ainum adapter of anal shimaya someone that can neither speak nor here doesn't have either faculty and he's particularly called missus he's says as quoted over here in the gemara based on base kharishi with hamakum is an animal diver of another that can neither hear nor speak and he's considered being bardos but we call him it's face so i'd like to discuss each one of these three types of harassing one by one and understand their background classically and their application nowadays in our contemporary situation the first one is a heritage that's bodabear in vain of shimaya he's able to speak but he's not able to hear and the first question asks how is that possible how did he learn how to speak and talk if he never heard any speech anyone talking we can't hear how they learn how to speak so rashi on the page on based on base says you were talking about a person that was born able to hear and therefore was able to learn how to speak and post-lingually after learning how to speak he lost his hearing so now he's in madame bear vayner he's able to speak is not able to hear that's how rash explains it which is the standard simple case i'll tell you a very unusual case which i know i know firsthand that's the case of helen keller helen keller was famous she was born both deaf and blind and yet incredibly she learned how to speak i know this firsthand because i knew dr kaman yaakov man oliver shalom dr mann was the director general of hadassah hospital in yushalam in heir testrel for about 40 years from the early 50s until the 80s and he told me that in 1952 about helen keller came to visit hadas hospital and she gave a speech she talked to all the nurses about people dealing with people with special needs and she was able to speak and they were able to understand her dr ahmad told me her voice her speech was gruff it was almost like a barking type of sound but it was intelligible you have to understand what she was saying and the nurses understood her speech that she told them it was an incredible thing that she was able to be taught how to speak just by touch by feeling by touching her mouth touching her neck that was a feat that's uh rarely been duplicated and that became though she became what we would consider hilariously what our mission would call a madame bear vayner never be able to hear but yes able to speak intelligibly understandably that's a very rare case a very common case very very commonplace is someone that's born with a hearing impairment and naturally would not be able to ever hear but with hearing aids and or cochlear implant they're able to hear and because they're able to hear they learn how to speak and once they learn how to speak their madabeer bishop skins i think that um even we can't hear whatsoever he is still considered to be a medarai to shamaya he's muhib in mid-space and he counts into a minion and sure you could count them in for the ten people for all the functions that we do in chile accomplishing his increase in torah and uh all the drummers of baghdusha so he's considered to be like a madame shimaya with no hearing at all as long as he can speak so whether the artificial hearing with the hearing aid is a considered to be a natural hearing or not but he said right now he became a modability and therefore we have a more commonplace situation of a um contemporary madabeer vain or shimaya even if we would not count his his hearing ramaisha of the crown of raqqa writes a fight in the in the igor's maisha in the third category as a sumilama gimbal he's of the opinion that um he's not considered to be a shema because he has a hearing aid you need to have natural hearing in order to be a ashamed while others including rival yosef in the abia aymer khalid zion evanescence she was on hogai so ramayana amongst other puzzles say it's a matter of functionality if they could hear even even with a device that's also considered to be a shimaya but whether he's going to be ashamed or not he's definitely a madonna as long as you could understand him what extent does a person have to be able to speak in order because to be mad bear sometimes they speak but it's a little bit difficult to understand or very difficult to understand so both zalman bazaal in the middle of a helical of simula madalid as well as rava yashav in his together they that as long as he's able to make out what he wants to say even though you can't make out every word it's difficult to hear him but of a person that's not like a needed family or or a therapist someone that works with him all the time a regular person is able to understand him understand what he wants to say basically that's considered to be madame madara means that through debris give across an idea to the under the do the that will be understood by the listener and that's madaba the priest of madame bear vaynerchemia and he's considered a codover i'll tell you a little personal incident with my son that was hearing impaired and uh had hearing aids and it was going through the speech therapy we had a very very difficult to understand level of speech at that early age about four or five years old and i wanted to test him whether he was a madonna bear at least to be a madara vayner shimaya you know we can't be a shimaya but at least he's a madame bear to be higher mid-source a virtual woman becomes bar mitzvah so i took him to a bakery i stood outside i gave him a dollar i told him go inside and buy yourself a a a truck a donut so you had to walk him by himself and tell the lady behind the counter please give me a chocolate donut and his speech was very difficult to understand but she understood what he said and she gave a chocolate doughnut that he paid for it came out with a big smile on his face and i said oh he's a badabra vader shamaya as long as he can get the masters across and likewise the shimaya being a dom bear a person is able to hear doesn't have to hear everything perfectly but he's able to hear basically what's being said and get together just the idea of what the person is speaking to him that's called to be to be a shabaya a person that's madame bear vayner he's able to speak since he's considered to be a bartasan midspace so we suffer from bishop brewer they that has been starved to the minion the premier got him in kuflam test says that he could also get an aliyah he could be called up to the torah even though he's not going to be able to hear the balcony of the torah but he could read he's able to speak so as long as he can read along with at least at least him doesn't have to relate the entire parsha but or their holy leah but as long as he can read at least three people which is the minimum for queens of terror then he's abu dhabi he's alive in midsize he could get a leah he could make a broke on that before and after mr brewer takes us further in hindi purim coming up soon um in simultaneous pay tests that he says according to most posts can we show him in acronym he can even lane the megillah if he knows how to lane it for others to be it's with him because since he's space and he's able to read so his korea is a crusher of korea over here on that base on base toast brings down the mishna magilla duff your testimony base that says that a herish is not able to be mostly others with korea but most of most of michonne and say that's going according to one man to omar that requires to be he'll be able to hear and speak but we pass like the other month as long as he can speak that he's able to even do the lighting too these are halakhais regarding a madame bear banana she may have prison that could speak likewise a person that could only hear she may have animal diabetes has basically the same alaris but his case is a rarity his case is not so common the reason for that is the reason that a person normally is a herish that is not able to speak is because he can't hear it's a hearing impairment that causes his difficulty in speaking or his lack of ability to speak the rambam in the parish messiah is on this mission and true muslims that the governor brings over here on that base on base says the cause of being of mutedness of inability to speak is deafness is the inability to hear the person doesn't hear then they don't learn the language they don't learn the speech that they that that people around them are speaking when he hears it then he speaks just like his parents and people around him speak in the same language the same way the same accent they speak because what he hears is how he speaks but if you can't hear you don't learn how to speak so that's why when a person can't hear it's uh an achievement that he's able to learn how to speak as we said like raja said beforehand he learned or like helen keller or with devices nowadays hearing gains and such but otherwise if you don't hear how can you learn how to speak but a person could hear why can't they speak so she made him a dom bear is a different situation it's not a hearing loss problem behind his his issue but rather he has some kind of a malfunction or mal development of his clay dibor his uh his vocal cords or his palate or his uh mouth and be able to mouth words and speak which is a you know a different deformity it's not the common neuro sensoral hearing loss which would which usually is the case of uh of hearing losses which are addressed by hearing aids and cochlear implants as well as a bridge i'm going to just discuss so that's madame vader chameleon now let's talk about a mid a madaba of enoshimaya which is the classic case that our mission says that our governor says we're talking about that's considered to be like a heroes shite of a cotton is considered not a bardas it is why is it that a haresh the animal of a shimaya is considered to be innova das where's that come from why is it so there are nowadays whole communities of people that do not speak and do not hear they communicate with sign language and they go through school they even go through university and get degrees in mit and rochester and gallaudet in washington dc and other places they have communities of thousands of these people that they communicate with each other they get educated they hold jobs they have families they certainly seem intelligent and smart people and um we say that anabardas what was that what does that mean and the truth is we get asked this question even about a haircut of a cotton let's talk about a cotton a shelter is insane he's irrational it's a mental illness but what about a cotton a cotton upper to bar mitzvah basmati age it could be very bright very intelligent they could be sometimes even quicker at their mind more nimble than their adult parents and and teachers they could be computer whizzes and chess champions and creative thinkers and they could be lumped on them they could memorize gamoras and they could ask cautious we can't say that children are not smart they're very very smart they have high high iqs and they can be very intelligent so what does it mean when we say that a cotton is an anabardas it's das therefore obviously does not mean simple smartness or iq intelligence what does das mean thus it means to be able to have a sound opinion a sense of judgment to be able to know what's right to do to be able to assess a situation and figure out what what a proper issue of adas a judgment about what what the right thing is a child is impulsive he acts on the spur of the moment of his feelings what he likes to do and he goes and does it he doesn't yet take into considerations the ramifications what the outcome how's it going to affect who's it going to affect that comes with maturity that comes with interaction with other people and seeing through experience what's acceptable what is not what's normal what's abnormal what's proper what's improper what's a responsible thing to do and then we're taking those things into account as he matures he's able to make responsibilities choices and good decisions and that becomes a shikhaladas by the time he's bar mitzvah mitzvah torah tells us that he has enough sense of basic responsibility to be able to make the right choices and he can now become able to fulfill mitzvos and be obligated to do so that's what das is das advances as we go older hopefully as we mature further and learn more in life then we get more of a yisha us more subtle than well thought out well-contemplated decisions and choices that we make a person could advance further and even even develop with a lot of learning tyra to have das tyra they would make a judgment based on knowing the values the torah teaches us and in fact the mission at the end of zach's kingdom at the end of kochem says that signing as they age died until miss yesheva salehm cosmos kingdom increases now elderly don't become smarter faster better memories those things are when they were young but the sage judgment a solid opinion knowing what's right to be able to really assess the situation responsibly you could live with what they say because they have greater dos the dos is that ability to be able to assess situations that understand the ramifications that make responsible judgments with a shikhal hadas weighing all the things properly and taking it all into context that's why a cut is not a bardos even though he's very smart but das comes with maturity so now let's get back to the to the cherish why is he not a pardons he's very intelligent he's very smart but you see that that doesn't cut it that doesn't make necessarily depends on the ability to develop that kind of right sense of judgment of responsibility of knowing what's right in every situation and that goes with interactions with people with people when someone can't interact when someone can't exchange ideas they can't hear what anyone else has to say and they can't express what they're thinking and see what other people respond to it well there's no such dialogue with no such conversation discussion he can't round out his thinking his mind he doesn't get his dos right that's why harish's inaudible 150 years ago from a incident that happened with the soft cipher except cypher was mamali malcolm he replaced his father he took the place of his father because of the great hassam saver as being the leader of yiddish kait and a paisa gador for the austrian jewry austrian and and hungarian jewry he was a goddess of betty popsocking and in in the civil war era of the 1860s he heard about a school for the deaf that was taking on advanced methodologies of sign language that they were developing to educate until that point a herish and anna madar of ishmael was dealt with like a shaita and was just locked up in an institution like an insane asylum and fed and taken care of and never developed never became anything indeed he was dealt with like a shaitaan this school in vienna was one of the forerunners of modern day sign language and they were using it to educate their children jewish and non-jewish children in this institute for the deaf in vienna the savior went himself to to [Music] visit and observe and and and and judge what's going on over there and he was so impressed with the level of intelligence and education and advancements and behavior that sense of responsibility that he saw and the children there but they were being educated through sign language even though they could not speak a word and they could not hear anything but they were communicating there and they were advancing in their studies he said these people i think they're believed us he asked the headmaster of that institute for the deaf in vienna to buy at his expense at the stops over the expansion bites villain for all the jewish boys that are there because they're muhammad mitzvahs based on the fact that they could communicate so well this was a landmark finish sakura sub cipher saying that it's not an absolute rules etched in stone that of inner shamaya is necessarily an absolutely an anabardas and padre minimus face but rather it's a developmental issue it's not a limit from a pussac it's not a luck mojo sinai it would be a kosov a rule from the torah it would be unnegotible it would never be changeable terrorism is taken forever but he said no this is a developmental issue they can't communicate they can't speak they can't learn they can't talk they can't discuss anything with anyone that's how they become a shaita but now these people they have open communication they have discussions they have debates they have arguments they they they interact with it where the whole group will launch a large group of people they're bane das this was the finish of the of the uh of the safer which actually you would take a look at rashi over here on that base on base and rashi almost says it rajya says why is it duromasalherish based on the base why is it that an anima dabber it'll shimaya someone that can't hear can't speak is not a bardon since bhadra midfield says this is something that the robot were able to understand and establish the misha anderson may have enabled that someone can hear and can't speak to lobby day and ninh that they're not therefore kimura means this is the kham's assessment of fact this is not allah this is this is something come and understand what's going on in the world and how people act and the nature of people and they say somewhere that can't communicate can be a paradise but these people that with his sign language could communicate they are benedas explains this this theory further the revision brings it based on a on but it's uh consistent with the ramba what you mentioned before in the parish messiahs and troubles where the ramen says the cause for horace's is is the the cross for the illness is courageous it's all cause the reason he can't speak is because he can't hear it's a developmental issue if it's not a mental issue it's not because there's something wrong in his mind that he's somewhat insane or crazy in some kind of a way right it's not a mental health issue it's a speech issue because it's a hearing issue and if they could get past that and they're able to have speech they're able to have communication able to be able to interact with people able to develop normal kinds of thinking patterns knowing what normal thought and thoughts are all about it's developmental and therefore there with someone that could develop normally in a whole community of people that communicate in this way manually there are bardas this is the kurdish of the staff cypher contemporary of his the talmud also the quran of the hassam save of the maaram disputed this with the cassave cipher and during this century that followed that the next hundred years of paiskim was back and forth and fourth and back different chuvas taking either side those that say yes those who say no like or not like the service kurdish but this remains an open question and there's good solid safari to say that someone that's able to communicate well is a bartas almond in his juva sums up and he says that it's more mustafa to say it's it makes more sense torah to say that these people are banedas and that the heritage is not a gazer as a kosovo that learned that from a puzzle or allah but rather it's a developmental issue there is a soft cypher that seems to say it's a locomotion sinai about someone that developmentally can't communicate and it allows for the possibility but when you could communicate communicate then the local museum doesn't apply which allows for the room for the sock of the soft cypher and therefore the the uh mozzarella concludes that even though it's kosher korea we're not really capable of conclusively deciding something that's been argued about by generations of posting before us but khashogg it's much more difficult to say that they're part of them in space and to exempt it from mid-space when more more more most probably more mustafa that they're included in mid-space and therefore we have to include them in the mid-space even if they can't hear or speak whatsoever and just communicate with manual sign language the um the revival seven-year java das concludes and says that it's at very least esophage very moses sylvia drobanon and therefore by it at least let me just edit this out let me revive yourself in the das concludes that it's at least a suffix and therefore by all issues of drobono we could say sovereignty but on the cooler so for almost everything happens in a shul and in minion wise it's all the questions of a drop i won't be able to count into a minion to be able to have creosote to say college and conducive and such and therefore for all their bonus you could count them in because even though you can't hear and can't speak his muslim amidst at least at least on we could be possible in regard to their violence regardless of derices may savage raise the quran there will be more mahmir so we won't have a person that can't speak and can hear blows over for other people to be added to with on rosh hashanah but for his own self he definitely should do mid-space all the other misses the whole torah shabbos and and all the mitzvahs because according to uh a very strong side of is this is all without a cochlear implant without a hearing aid just pure sign language with no hearing and no speaking whatsoever which classically according to the lock of the suggestion should be in our videos it's a it's like a heritage of a cotton but with the development of of sign language it could be that is now considered to be a regard to those that have nowadays hearing aids and cochlear implants immersion we're going to continue in the in the next next segment and speak about the lack of ramifications of that i just want to mention that the um these allahis and their sources are in a booklet of uh the tourist that was put out by the ou and it's available um from the our way division of the ou 212-613-8234 um one more time two one two six one three eight two three four or email at our way at ou.org or g and the order over there it has all the stores and explanations for that and we look forward to continue the next segment tomorrow by the show