Monday 22 February 2016

Gittin 70: Preventative Treatments; Capacity to Offer Gittin

We have learned about the remedies for multiple afflictions over the past two dapim.  Today we learn more about how afflictions might come about.  Again, we are provided with a long list of ailments and what different rabbis believe to be their causes.  Without listing all of them here, they represent a huge range of problems and preventions - including avoiding standing while eating, drinking or having sexual intercourse to avoid weakness and susceptibility to illnesses.  It seems that demons following people from the outhouse was a significant fear.   One more broad-reaching comment is that those who are fearful (Rashi says that this is about living with constant anxiety), travel on the road, and sin are plagued with weakness.

The conversation finally returns to the question of one who gives a get while mentally incapacitated - or one who gives a get and then becomes mentally ill.  Do the last wishes of someone who is mentally ill require the same halachic considerations as those of others?

The rabbis engage in a conversation that continues to this day in the religious and secular worlds.  If a person is struggling with their mental capacity, do we have the obligation to follow their wishes?  In particular, if they are about to die and in normal circumstances would have their wishes given special consideration, is the same done if they are not capable?  

The rabbis use the example of a man whose throat has been slit and one or both of the pipes has been severed - this will cause death soon, but not immediately.  Is that person considered to be in his "right mind" at this time or is he suffering from lack of oxygen to the brain; is he not thinking clearly and perhaps already dead, so to speak?  What if he is asked three times about his intentions but his movements are involuntary?  They tell of those who have survived both this type of injury and crucifixion, leading to the conclusion that the get should be written.

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