HALACHA FOR THE HARD OF HEARING
Courtesy of Family First Magazine
This is for informational purposes only. Please consult with your own Rav, as every case can differ.
When Chazal originally put deaf people in the same category as the mentally impaired and minors in terms of mitzvah obligation, they were assuming a situation in which deaf people also lacked means of communication. How has that halachic status changed nowadays?
“Someone who can communicate orally, even if he can’t hear, is definitely considered a bar daas for mitzvah obligations,” states Rav Mordechai Shuchatowitz. Aside from being a parent of hard-of-hearing children, he has authored the Toras HaCheresh Guidebook: A Practical Guide to the Use of Electronic Hearing Devices on Shabbos and Yom Tov (published by the Orthodox Union’s Our Way organization), which deals with the halachos pertaining to hearing aids and cochlear implants. He is currently working on a second volume, regarding the fulfillment of hearing and speech related mitzvos, such as shofar and Megillah.
“If one can only communicate through sign,” Rav Shuchatowitz continues, “there is a major halachic debate as to his obligation in mitzvos. Some say that such communication suffices to be fully obligated, but it is a major debate.”
Here are some other common questions and answers about halacha and the deaf, addressed by Rav Doniel Neustadt.
How has the halachic approach to deaf people changed over time?
The emergence of language abilities has had a dramatic effect on the way halacha views deaf people. In the past, the halachic classification of a deaf and mute person was similar to that of a minor, which means that he could not be counted as part of a minyan or other religious functions requiring a quorum. But nowadays, most poskim are of the opinion that a deaf person who is able to hear through a hearing aid or cochlear implant—even if he cannot speak at all—can be counted as part of a minyan. The same holds true of a deaf and mute person who is able to pronounce some words that could be understood by people, even if he does not speak clearly enough to be understood by everybody.
How does technology affect the fulfillment of mitzvos, e.g., hearing shofar of Megillah through a hearing aid?
The issue has been extensively debated by the poskim as there are several opinions. The majority of poskim who’ve studied this issue and made themselves familiar with the relevant technology have ruled that one cannot fulfill a mitzvah that requires hearing via a hearing aid.
In the final analysis, a hearing-impaired person who can hear slightly when he strains to do so should remove his hearing aid before listening to the shofar or Megillah, so that he could fulfill the mitzvah according to all opinions. But a deaf person who cannot hear anything without his hearing device should still pay attention to the mitzvah being performed, since according to some opinions he can fulfill this mitzvah in this manner as well.
What halachic issues come up with hearing aids and/or cochlear implants, and how are they addressed?
Most of the issues concerning hearing aids deal with their usage on Shabbos and Yom Tov, and there is extensive debate about these concerns among contemporary poskim. The consensus of most authorities is as follows:
Initial activation and replacement of batteries should be avoided on Shabbos. If this is not possible, anon-Jew may be asked to perform those tasks.
Adjusting the volume on conventional hearing aids is permitted when necessary. Adjusting the volume on digital hearing aids should be done by a non-Jew only.
A hearing aid is not considered muktzeh, and it may be handled on Shabbos as necessary. Hearing aids may be worn in a public domain on Shabbos as it is not considered carrying.