Shoteh – Educating a mentally incapacitated child:[1]
A child who is severely developmentally impaired and lacks the capacity for understanding is not obligated in the mitzvot of chinuch.[2] However, if the child is not severely developmentally impaired and is capable of some level of understanding—demonstrating awareness of his actions, a degree of comprehension, and the ability to progress—there is an obligation to educate him in the observance of mitzvot and to prevent him from engaging in prohibited conduct.[3] Accordingly, individuals who are on the higher-functioning end of the autism spectrum are obligated to be educated in Torah and mitzvot, just as any other child, in accordance with their abilities.
Protesting his actions:[4] There is no obligation for a father or any other Jew to prevent or protest a Shoteh who acts on his own initiative to perform a transgression. [It is even permitted to benefit from the mentally incompetent’s actions in such a case, if it was not done on behalf of the adult.[5] However, if the child is not severely developmentally impaired and is capable of some level of understanding—demonstrating awareness of his actions, a degree of comprehension, and the ability to progress—there is an obligation to prevent him from engaging in prohibited conduct, as we stated above.[6]]
Feeding him an Issur:[7] Although a person who is halachically classified as shoteh (legally incompetent due to mental incapacity) is exempt from the obligations of Torah and mitzvot, nevertheless it remains prohibited for others to actively cause such a person to transgress a Torah prohibition. [Accordingly, it is forbidden to feed a mentally incapacitated person non-kosher food. Even in a case where such food is required for health reasons, as long as it does not rise to the level of pikuach nefesh, one may not feed him Biblically forbidden food directly. Rather, it may be given only through a gentile, as will be explained in Halachah 8f.[8] Regarding rabbinically forbidden foods, see Halacha 8c.]
Institution without kosher food:[9] With respect to placing such an individual in an institution for the mentally impaired that does not provide kosher food, the Poskim[10] rule that it is permitted to send a child with severe intellectual disability who is below the age of Mitzvos to a non‑kosher facility.[11] Furthermore, if there is a chance that the individual will receive a cure in the institution and return to normalcy, then certainly he is to be sent there, even if he is above the age of Mitzvos.[12] However, once the child regains normal cognitive functioning, he is to be removed immediately from any institution that provides him with non‑kosher food.[13] This leniency, however, applies only where the individual is deemed completely incompetent (shoteh gamur). However, if the individual is not fully incompetent and possesses some capacity for understanding and education in matters of Torah and mitzvot—such as individuals with Down syndrome or similar conditions, or a cheresh[14] (deaf individual) who is capable of speech and comprehension—then one should refrain from sending them to such institutions, as they are amenable to at least partial religious instruction and observance.[15] [However, from the letetr of the law it is permitted even in such a case, as explained in Halacha 8f that for medical reasons one may instruct a gentile to feed a child even Biblically non-Kosher food.[16]]
[1] See Piskeiy Teshuvos 343:10; Kaf Hachaim 343:21-22; Encyclopedia Talmudit ibid footnotes 103-104; See Toras Hakatan [Rubinovitch] 4:10-11
[2] Minchas Chinuch Mitzvah 5; Pesach Hadvir 343:6; P”M Pesicha Koleles 9; Kaf Hachaim 343:8
[3] P”M 343 A”A 2; See Rambam Eidus 9:10; Oneg Yom Tov 153; Minchas Asher 2:47; Piskeiy Teshuvos 55:14; 139:7; 343 footnote 125
[4] Minchas Chinuch Mitzvah 5; Pesach Hadvir 343:6; Kaf Hachaim 343:8
[5] Biur Halacha 325:10 “Eino Yehudi”
[6] P”M 343 A”A 2; See Piskeiy Teshuvos ibid footnote 125
[7] See Admur 266:10 “Nevertheless, when one gives it to him—or even to a cheresh or a shoteh—it must be given to them only after they have already lifted their feet to walk, and it must be taken from them when they wish to stop, in order that they not perform an act of lifting and placing (akira and hanacha), as explained above. For even though one is not commanded regarding their resting [i.e., cessation of labor], nevertheless, one is certainly warned by the Torah not to feed them a prohibited item directly, as will be explained in siman 343. And this, that one gives it to them in such a manner, is permissible, even though…”; Michaber 266:6; Tosafus, Piskei Riaz, Ramban, Rashba on Shabbos 153b; Rabbeinu Yerucham Nesiv 18:3; Kneses Hagedola Y.D. 157:56; Chasam Sofer O.C. 83; P”M Pesicha Koleles 2:1; 266 M”Z 4; Pesach Hadvir 343:7; Imrei Bina Shabbos 9; Amudei Eish 4:6; Kaf Hachaim 343:8 and 21; Toras Hakatan 16:4-11
Other Opinions: Some Poskim rule that there is no Issur of feeding a Shoteh non-Kosher food or other Issurim. [Terumas Hadeshen 62, brought in Chasam Sofer ibid; Shivas Tziyon O.C. 4; See Piskeiy Teshuvos ibid footnote 121]
[8] See M”B 343:5; Piskeiy Teshuvos ibid footnote 124
[9] Chasam Sofer O.C. 83 and in Hagahos 343:11; Maharam Shif O.C. 163; Orchos Chaim 343:1; Kaf Hachaim 343:22; Igros Moshe 2:88; Shevet Halevi 9:4; Minchas Asher 2:47; Piskeiy Teshuvos 343:10; Toras Hakatan 20:11-17
[10] See Chasam Sofer, and Maharam Shif ibid, brought in Kaf Hachaim ibid that although it is permitted to send the child to such an institution until the age of Mitzvos, it is better not to being that the non-Kosher food will contaminate his soul.
[11] The rationale is that this is considered indirect consumption of non‑kosher food rather than direct feeding, which is prohibited. [Chasam Sofer ibid]
[12] Chasam Sofer ibid; Orchos Chaim ibid; Kaf Hachaim ibid
[13] Chasam Sofer ibid; Piskeiy Teshuvos ibid footnote 130 that this is a Chumra and not from letter of law, as he is being fed by gentiles
[14] See the following Poskim regarding the status of a Cheresh today when they have educational systems which teach them to talk: Tzemach Tzedek of Nikolsberg; Shut Shaar Hazekeinim 2 Beis Melo p. 135; Orchos Chaim 343:1; Kaf Hachaim 343:23; Kesav Sofer; Mishpitei Uziel; Minchas Shlomo 1:34; Piskeiy Teshuvos 55:14
[15] Chasam Sofer ibid and ibid; Minchas Shlomo ibid; Minchas Asher ibid; Piskeiy Teshuvos ibid footnote 125-127
[16] Piskeiy Teshuvos ibid footnote 127