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A certain deaf man who has mastered sign language and can express his every thought and request in this manner has asked his rabbi whether he may receive an aliyah to the Torah and recite the blessings in sign language. The rabbi has referred this question to the Panel of Halakhic Inquiry.
The following responsum is reprinted from Tomeikh KaHalakhah volume 2. Tomeikh KaHalakhah is UTJ’s series of volumes of responsa (teshuvot) promulgated by the Union For Traditional Judaism’s Panel of Halakhic Inquiry.
The text below is an English translation of this Hebrew original. The translation appeared in the original volume.
The text below is the result of OCR. Although it has already been reviewed, if you identify any errors, kindly email office@utj.org. A scan of the original teshuvah is available here.
In recent times, more and more physically disabled persons have appeared in synagogues. Access ramps for the wheelchair bound, large type prayerbooks for the visually impaired, and the signing of religious services, in whole or in part, for the hearing impaired are all developments that should be welcomed. That the disabled-in groups or as individuals-feel comfortable enough to participate in synagogue activities is a phenomenon that ought to be encouraged. Nonetheless, there are halakhic considerations that must be respected when it comes to ritual participation. Such is the case with honoring a deaf person with an aliyah to the Torah.
The Mishnah (Terumot I :2) states that the deaf person to whom the rabbis refer is one who neither hears nor speaks. RaShI (Hagigah 2a, s.v. hutz miheresh) comments that the person who neither hears nor speaks is compared to the mentally incompetent who are exempted from positive commandments for the absence of speech and the absence of hearing suggested to the rabbis an absence of legal competence.
Later halakhic authorities are divided. Advanced techniques in educating the deaf since the beginning of this century at special schools have enabled many of the deaf to communicate through sign language and, more recently, to even speak comprehensibly. Therefore, some authorities believe that the rabbis never intended the exemption of the deaf from the mitzvot when they clearly are competent. The able deaf in our day could never have been contemplated by the sages of the Mishnah and Talmud. They could only judge on the basis of what they observed of the deaf in their day. (Regarding the effect of new perceptions of reality on deciding HaIakhah, see Shulhan Arukh, Even Ha’Ezer 156:4, Rabbi Moses Isserles ad locum; Tosafot to Avodah Zarah 24b, s.v. parah; Tosafot to Hullin 107b, S.v. hatam.) Rabbi Jacob Emden, therefore, permitted the speaking deaf whose words were comprehensible to receive an aliyah (Siddur Rabbi Jacob Emden, Laws of Torah Reading). Yet other authorities make no distinction between the deaf of the Talmud and the deaf of today and rule that the deaf are still under the same exemption (see Encyclopedia Talmudit, vol. 17, p. 498 for a full discussion).
Sign language, already known to the rabbis as remizah, was not considered actual speech that is required for matters such as prayer. The rabbis allowed the use of sign language in matters of marriage and divorce (Mishnah Yevamot 14: 1) so that the marital relations of the deaf would fall under the constraints of the law (Yevamot 1 12b). The rabbis also allowed the use of sign language in business transactions (Mishnah Gitlin 5:7) to enable the deaf to earn a livelihood (Gitlin 59a; RaShI ad locum, s. v. ka mashma Ian; Maimonides,Laws of Sale 29: 1). However, the rabbis did not rely on sign language for prayer and Torah reading since these were matters of actual speech and actual hearing.
In the case of the non-speaking deaf, we cannot rely on the opinion of Rabbi Jacob Emden who permitted only the speaking deaf to go up for an aliyah because one called to the Torah, even if just to recite the blessings, is like the Torah reader himself (Tur; Orah Hayyim 139; Rabbi Joseph Karo, Bet Yosef ad locum in the name of Abudraham and Rabbi Sa’adia Gaon). The congregation fulfills its obligation only through the hearing of actual words and sign language is not actual words.
Therefore, the non-speaking deaf cannot be called LO the Torah for any of the mandated seven aliyot on Shabbat However, if the congregation wishes to honor this man and encourage him to join regularly in the synagogue for prayer, they may call him up for a supplementary aliyah (even though he is exempt from any act he may voluntarily perform, Kiddushin 31a) to “recite” the appropriate blessings in sign language after the mandatory seven olim had already been called to the Torah and the congregation has fulfilled its obligation of hearing the Torah read. (Other details regarding who may be called to the Torah are included in Tomeikh kaHalakhah, vol. 1, pp. 25-31.)
While we are generally concerned that most congregants will not appreciate the distinction between the first seven aliyot and this supplementary aliyah, (see Tomeikh kallalakhah, vol. 1, p. 46), since aliyot in sign language are not a common occurrence (milta dela shekhiha), this concern does not warrant refraining from permitting him the supplementary aliyah (see Eruvin 63b and parallels). The rabbi, however, should do whatever is possible to educate the congregation regarding this distinction in order to prevent misconceptions.
Rabbi David Novak for the Panel of Halakhic Inquiry
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One of the founding members of the UTJ, Rabbi David Novak is recognized scholar in Talmud and theology. He has served on the Panel of Halakhic Inquiry and contributed to the UTJ’s 3-volume Tomeikh K’Hakalakha, a series of questions & answers on topical religious issues.
A disciple of Rabbi Saul Lieberman, Rabbi Novak is the author of many books and scholarly works, including:
Rabbi Novak holds the J. Richard and Dorothy Shiff Chair of Jewish Studies as Professor of Religion and Philosophy at the University of Toronto, where he is a member of University College and the Centre for Jewish Studies. He is also a consulting scholar and a member of the Board of Advisors of the James Madison Program in American Ideals and Institutions at Princeton University.