MENTAL COMPETENCY OF A CONVERT Walter Jacob

QUESTION: A prospective convert appears to be mentally unbalanced(paranoid), therefore, his understanding of Judaism is limited. Shall we accept or reject such a convert?(Elizabeth Levine, Congregation Beth-El, Fort Worth , Texas )*

ANSWER: Conversion to Judaism is a major religious step which cannot be taken lightly; this act has legal(halakhic) implications. It is clear that Jewish law mandates that anyone acting in a legal capacity must be mentally competent(Git . 23a; Yad Hil. Edut 9.9; Shulhan Arukh, Hoshen Mishpat 188.2). The tradition also demands that any individual engaged in a religious act, especially initially (lehat-hila) must be completely mentally competent(Mishnah 18, Rosh Hashanah 8; Meg. 2.4; Hag. 1.1; Men. 9.8; Git . 2.5, etc). The mentally incompetent and those with other deficiencies could not engage in a valid religious act. If certain kinds of ritual acts had been done by someone mentally incompetent and performed properly, then they were considered acceptable bediavad.

The Talmudic authorities and the Rabbinic authorities subsequently struggled to achieve a proper definition of mental incompetence and found it as difficult as we in modern times. They, of course, pointed to a variety of strange behavior(Hag. 3b; Nid. 17a; Shulhan Arukh, Yoreh Deah 1.5). Ultimately, this was left to the insight of the presiding judge(Yad Hil. Edut 9.9; Hil. San. 2.1). These basic decisions were followed by the responsa as well (Isaac b. Sheshet, Responsa,#468; Rashbam , Responsa, Vol. 2,# 1, etc.), and were not modified in any substantial manner.