Conversion

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  1. The milah is done before the tevilah. If they did the tevilah before the milah there is a major dispute if the conversion is effective and therefore, they should repeat the tevilah.[1]
  2. A bet din of three is necessary for all parts of the conversion.[2]

Bach CM 5:6 we should be strict about a din at night because of the Rashbam and Smag that a din at night is effective.

  • Rashi 31a s.v. gayrey says that Hillel did a conversion even though the convert said he didn't intend to accept one thing because he didn't deny the oral Torah but didn't believe it was from Hashem and Hillel knew he would convince him otherwise. Igrot Moshe 3:106 learns from Rashi that excluding one thing doesn't invalidate the conversion but you shouldn't do such a conversion unless you know afterwards he will accept it. Minchat Asher Shabbat 34:1 understands this Rashi differently. He did accept the oral Torah but wasn't convinced it was divine. That is considered like he accepted the Torah because he believed in the oral Torah and just didn't believe in the divine source of the oral Torah and for that Hillel knew he'd correct him later.

Rambam and Shulchan Aruch hold that the tevila of both men and women need to be in front of bet din. Minchat Yitzchak 4:34:3 writes that it is possible that after the fact it is an effective conversion since according to Tosfot a bet din isn't necessary for tevila and also according to others it might be effective since the bet din knows that she went into the mikveh. Yabia Omer YD 1:19 says that they need to do the gerut again because it might not have been a valid gerut at all. Igrot Moshe YD 2:127 agrees that it is an unresolved machloket. Teshuvot Vehanhagot 1:621 also says that it needs to be redone if the tevila was done without the bet din watching in the room. If she said she accepted mitzvot but had in mind to violate some halachot is that an acceptance? Igrot Moshe 3:108 says it is because (1) since her children are practicing judiasm she isn't trusted about them to say that they're not Jewish. (2) dvar shebelev einam dvarim unless there is a clear circumstance that everyone knew that contradicts her words. (3) If she accepts the mitzvot but because of financial pressures she won't be able to keep all the mitzvot under pressure that is an acceptance. The last reason he isn't certain about. If she didn’t accept mitzvot at the time of the tevilah but planned on acceptign mitzvot later that isn’t considered an acceptance of mitzvot until the later time. However, accepting mitzvot is a prerequisite for tevila and the tevila needs to be repeated.[3] Igrot Moshe 3:106 holds that chutz mdvar echad is only lechatchila but in 3:107 and 3:108 he says that isn't the case. He suggests that perhaps it is an acceptance of mitzvot if she plans on doing mitzvot like other "religious" Jews even though they violate certain halachot such as tzeniyut. Though he isn't ready to be lenient based on that logic.

  1. If they did a brit milah mistakenly thinking that the baby was Jewish and did it as a mitzvah and then later realize the children wasn’t Jewish, many poskim hold that the original milah is effective.[4]
  2. If a pregnant woman converts she should notify the bet din that she is pregnant otherwise it could be that the conversion for the baby is ineffective.[5]

Hagahot Mordechai Yevamot 4:111 says that if a convert converted without a bet din some say that the conversion is invalid while others say it is ok. Darkei Moshe 268:3 understands that this corresponds to the opinions of Tosfot and Rambam. Mordechai Yevamot 4:36 quotes Rabbenu Simcha and Rabbi Yehuda Bar Yom Tov who hold that a conversion only needs one judge.

Acceptance of Mitzvot

  1. A prospective ger must accept all of the mitzvot in front of a Bet Din of three men during the day.[6] If the convert accepted the mitzvot but not in front of a Bet Din the conversion is invalid.[7]
  2. If the convert accepted mitzvot but knows or even intends that due to certain desires he won’t be able to fulfill a certain mitzvah it is nonetheless absolutely considered acceptance of mitzvot.[8] Others argue if he intends not to keep a mitzvah because of a desire that is an invalid conversion.[9]
  3. If the convert said that he accepted mitzvot but in his heart did not intend on keeping the mitzvot that is an invalid conversion.[10]
  4. If the convert accepted all the mitzvot besides one mitzvah the Bet Din should not accept such a convert. After the fact, some say that it is a valid conversion,[11] while most poskim hold that the conversion is invalid.[12]
  5. If the convert accepted all the mitzvot besides a rabbinic mitzvah after the fact the conversion is valid.[13]
  6. If the convert is converting for marriage after the fact the conversion is valid as long as they completely accepted all of the mitzvot.[14]

Achiezer 3:27 - the halacha that we check for the intentions didn't stop applying. The bet din has to decide if he's doing it for pure intent or for marriage or any other reason in which case they shouldn't accept him. If they can assess the situation and think that he will eventually accept Torah for pure intent it is acceptable to accept him even if his original intentions aren't pure. If a person was assumed to be a non-Jew and wasn't acting Jewish and now he claims that his mother was Jewish he is not trusted.[15] Achiezer implies that even bedieved not having bet din for milah or tevila is an issue like the Rif and Rambam. The milah of gerut certainly needs to be lishma and if done by a non-Jew is invalid and needs hatafat dam brit. Achiezer 3:27 The hatafat dam brit is sufficient with a prick to make it only bleed a drop. Achiezer 3:27 Scratching the area of the milah with a nail is sufficient for hatafat dam brit. Teshuvot Vehanhagot 2:510. Doing local anasthesia is permitted and the minhag for milah though they shouldn't do general anasthesia because it is like one is doing the mitzvah thoughtlessly (mitasek). He says that the milah is part of the process of gerut and must be done with intent to accept the torah at that time and being under anasthesia disables a person from accepting the torah then. Teshuvot Vehanhagot 1:590 and 2:510. Yabia Omer YD 5:22 disagrees and allows local or general anasthesia when discussing an adult's milah. Imrei Yosher 2:140 writes that the reason that one shouldn't use any anasthesia is because milah should involve pain and the minhag was never to use anasthesia even though it was available.

Hatafat dam brit is deoritta according to most poskim. Achiezer 3:27 unlike Yam Shel Shlomo

Yabia Omer proves that being asleep is still able to fulfill mitzvot through his agency as the gemara Gittin 70b indicates and is codified by Bet Shmuel EH 121:2. Seridei Esh 3:96 only allowed local. Chelkat Yoav (Ohel Moed 1:7 cited by Yabia Omer) lenient. According to Maharach Or Zaruah 11 the purpose of the milah is the result and isn't an action that you need to appoint someone with shelichut. He disagrees with the Koret Habrit (261:4) who holds that the milah shouldn't have anesthesia because it should involve pain. Achiezer 3:26:2 suggests that if it is evident to the bet din that his intent isn't pure then they can't accept the convert initially. However, if it isn't clear even after investigation then they can. For the actual acceptance of mitzvot dvarim shebelev isn't relevant since it is a matter between him and heaven. If he doesn't accept mitvzot it is invalid. Chutz mdvar echad if it is because of desires isn't an issue with acceptance Achiezer 3:26:4. It isn't considered for marriage if either way they're going to continue to stay married even though she remains non-Jewish. Achiezer 3:26:7. Also, according to the decision of the bet din it is possible to accept a convert for marriage if the consequences are that potentially the husband might be turned away if his "wife" can't convert. Igrot Moshe YD 2:126 You can't trust the adoption agency that the baby is Jewish. If you did then it would be a problem of asufi. However, we assume he's non-Jewish and can convert.

Disclosure of Mitzvot

  1. If the Bet Din doesn’t tell the prospective convert about the mitzvot, the conversion is nonetheless valid if he accepted to keep the mitzvot when he’ll learn about them.[16]
  1. Many poskim hold that if an invalid conversion was done and the non-Jew married into a Jewish family and generations later it is unknown, nonetheless, that is a serious issue and needs to be investigated and revealed.[17]

Sources

  1. ↑ Rama YD 268:1 quotes a machloket between the Ramban and Raah whether the order is essential after the fact, the Ramban positing that it doesn't and the Raah holding it does. The Shach 268:2 adds that they should do the tevilah again because of this dispute.
  2. ↑ The Gemara Yevamot 46b establishes that conversion requires the supervision of a bet din of three members. Tosfot s.v. mishpat explains that everyone agrees to this halacha even those who say a bet din can sometimes consist of one member agree here. This is accepted by the Rambam (Isurei Biyah 13:6) and Shulchan Aruch YD 268:3. Shulchan Aruch YD 268:3 writes that after the fact the bet din is only necessary for the acceptance of mitzvot, while the Rambam and Rif hold it is necessary for the milah and tevilah as well.
    • Tosfot s.v. mishpat writes that even though we don’t have semicha we can still perform semicha based on the principle of shelichutyahu.
  3. ↑ Igrot Moshe 3:108
  4. ↑ In terms of intent, Melamed Lhoil 2:82 writes that intent for a gerut of mitzvah is the same intent for milah of gerut and nothing else is necessary. Igrot Moshe YD 1:158 s.v. vheneh and Har Tzvi YD 2:219 agree. However, Gerut Khilchata 3:4 p. 25 quotes that Rav Elyashiv disagreed.
    • In terms of having the presence of a Bet Din, Igrot Moshe YD 1:158 writes that there is room to be lenient for several reasons: (a) According to the Bach 268:7 a bet din isn’t necessary for milah. (b) According to the Bet Yosef a bet din is necessary for milah but perhaps that’s only if the milah is done second. (c) Even if a milah was done without a bet din according to Tosfot that is acceptable since the kabbalat mitzvot was in bet din. (d) If a convert had a milah without a bet din they don’t need to do hatafat dam brit according to the Rabbenu Chananel.
  5. ↑ Dagul Mirvava 268:6 notes that the presence of bet din is necessary for the tevila of the baby (since the baby doesn't have kabbalat mitzvot). If the bet din wasn't aware of the fetus it is like the bet din isn't present. Aruch Hashulchan 268:11 is lenient since we hold like the opinion that the fetus is part of the mother and the conversion of the mother works for the baby. Igrot Moshe YD 1:158 says that it is proper to be strict for the dagul mirvava.
  6. ↑ Tosfot Yevamot 45b s.v. mi clarifies that accepting mitzvot is a critical part of conversion and is invalid without it. Shulchan Aruch Y.D. 268:3 codifies Tosfot. Chemdat Shlomo, Bet Meir, Achiezer, and Igrot Moshe all hold that acceptance of mitzvot is critical and without it the conversion isn’t valid.
  7. ↑ Tosfot Yevamot 45b s.v. mi, Ramban Yevamot 45b, Shulchan Aruch Y.D. 268:3
  8. ↑ Achiezer 3:26 explains that accepting to keep the mitzvot doesn’t mean that he must accept to actually practice all of them. Accepting mitzvot means accepting that they’re all true and binding. If he says that he doesn’t want to accept one mitzvah it isn’t an acceptance of mitzvot. But he says he accepts all mitzvot but because of a certain desire intends not to keep one mitzvah it is nonetheless a valid conversion. Minchat Asher (Shabbat 34:1) writes that if he isn’t intending to violate a mitzvah because of a desire but rather just knows that likely because of the difficulty of mitzvot that he will be overcome with desire and not fulfill a mitzvah that is certainly considered a valid conversion.
  9. ↑ Dvar Avraham argues that it shouldn’t be a valid conversion but isn’t completely convinced that after the fact it is invalid. Lhorot Natan is convinced that the Achiezer is incorrect. Accepting mitzvot means accepting actually practicing all the mitzvot.
  10. ↑ Bet Yitzchak, Achiezer, Igrot Moshe
  11. ↑ Igrot Moshe YD 3:106
  12. ↑ Bet Yitzchak, Biur Halacha 304. Achiezer is uncertain. It seems that Rav Moshe retracted because both in Igrot Moshe YD 3:107 and 3:108 which are written after 3:106 he says that it isn’t a valid conversion.
  13. ↑ Bet Meir, Biur Halacha. Achiezer 3:26 isn’t certain if it is a valid conversion on a biblical level or not at all.
  14. ↑ Yevamot 24b, Igrot Moshe, Achiezer, Dvar Avraham
  15. ↑ Achiezer 3:27
  16. ↑ Nemukei Yosef, Shach 268:3, Igrot Moshe
  17. ↑ Rav Elyashiv (Kovetz Teshuvot 4:136) writes that the principle of a mamzer that got mixed into a family does not need to be revealed and is permitted when it is in later generations unknown does not apply to non-Jews. A non-Jew women who married a Jew all the children are non-Jewish and can impact later generations. Rav Chaim Kanievsky (Ktzaruf Kesef p. 11 cited by R’ Yitzchaki cited below) agreed. See Rav Yoel Amital’s article in Hamaayan where he argues that the Dvar Yehoshua and Chazon Ish EH 1:18 think that it is applicable to non-Jews and Rav Dovid Yitzchaki who argues that the Chazon Ish does not mean that.
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