Conversion: Difference between revisions

#A person who was assumed to be a non-Jew, as he wasn't behaving like a Jew, who now claims that his mother was Jewish, is not trusted.<ref>Achiezer 3:27</ref>  

# The milah of gerut certainly needs to be lishma, and if done by a non-Jew is invalid and needs hatafat dam brit.<ref>Achiezer 3:27</ref>  

#Doing local anesthesia is permitted for an adult milah. Some permit even general anesthesia.<ref>Teshuvot Vehanhagot 1:590 and 2:510 only allows local anthesia and writes that this is the minhag. Though they shouldn't do general anesthesia 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 anesthesia disables a person from accepting the torah then. Yabia Omer YD 5:22 disagrees and allows local or general anesthesia when discussing an adult's milah. Imrei Yosher 2:140 writes that the reason that one shouldn't use any anesthesia is because milah should involve pain and the minhag was never to use anesthesia even though it was available.

* Yabia Omer YD 5:22 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. </ref>

#An adopted child should be converted.<ref>Igrot Moshe YD 2:126 writes that 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.</ref>

#Initially a bet din may not convert for marriage but after the fact it is acceptable.<ref>Yevamot 24b. The Ritva writes that it is acceptable after the fact because of the extenuating circumstance of wanting to get married they decided to convert and that is binding. Hagahot Mordechai (Yevamot 4:101 s.v. katuv) seems to write that it is valid only if afterwards we see that they keep Judaism properly.</ref>

#Even in a circumstance where it is permitted to convert for marriage, the Bet Din should be vigilant in checking and ensuring that the convert for marriage accepts the mitzvot completely.<ref>Igrot Moshe YD 1:159 notes that since many who convert for marriage don't really accept mitzvot one should be very weary of accepting such a convert. He says that the majority of converts for marriage in the 1950s in America are invalid because they didn't actually accept mitzvot. Bet Yitzchak YD 2:100:9 echoes this sentiment in Ashkenazic countries in the 1800s.</ref>

#The bet din should investigate why the convert is converting and only accept him if his intentions are pure or bet din can assess that they will become pure.<ref>Achiezer 3:27 explains that 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. 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.</ref>

#Some poskim hold that it isn't considered for marriage if either way they're going to continue to stay married even though she remains non-Jewish.<ref>Achiezer 3:26:7</ref>  

#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 from religion altogether if his "wife" can't convert.<ref>Achiezer 3:26:7 based on Rav Shlomo Kluger. See Minchat Yitzchak 6:107 s.v. vheneh who writes that if a Jew married a non-Jew it is better to leave her as a non-Jew than have her convert and not keep the laws of niddah, which is worse.</ref>

#A husband and wife who converted together need to wait 3 months before remarrying each other in order to differentiate between a child she would have while non-Jewish and while she’s Jewish. They do not need to wait 3 months if there’s no doubt about whether she’s pregnant, such as if she’s already pregnant,<ref>Rav Shlomo Amar in Shma Shlomo 5:9-12 following the Dagul Mirvava</ref> she’s too old to have children,<ref>Dagul Mirvava 13:5</ref> or just had her period.<ref>Igrot Moshe EH 2:5</ref> Regarding a pregnancy test see footnote.<Ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=21253&st=&pgnum=101 Shemesh Umagen 2:41:5] writes that a blood test to check if she's pregnant is not sufficient evidence to exempt from havchana because it isn't always accurate. [https://www.yutorah.org/lectures/lecture.cfm/878591/rabbi-hershel-schachter/highlights-of-hilchos-meuberes-meinekes-chaveiro-and-havchana-even-haezer-siman-13/ Rav Schachter] quotes his father that a pregnancy test is reliable to ensure that she's either pregnant or not pregnant not to require waiting 3 months.</ref>

#A woman who was previously “married” to a Jew and converts must wait 3 months before getting remarried after the conversion.<ref>Shulchan Aruch E.H. 13:5</ref> However, they do not need to wait 3 months if it is clear that she’s pregnant or not pregnant, such as if she’s too old to have children.<ref>Rav Elyashiv (Kovetz Teshuvot 3:150) writes that a non-Jewish woman married to a Jew who converted does not need havchana if it is clear that she’s not pregnant such as if she’s too old to have children. He writes that this is included in the leniency of the Dagul Mirvava since regarding two Jews this case is impossible. The only case that is comparable to two Jews who were married and got divorced is two non-Jews who were married and now she converted and married another Jew. In that case, there is no leniency even if it is known that she’s pregnant or not pregnant. Yabia Omer EH 9:12:1-2 quotes Isa Bracha who was lenient about a even case of a woman who was married to a Jew and wants to convert since it is similar to a woman who became pregnant out of wedlock (Shulchan Aruch E.H. 13:6). However, he quotes that Rav Uziel and Melamed Lhoil who rejected that concept since she wants to be married to him and become pregnant from him. Nonetheless, he's lenient with a pregnancy test and doesn't explain further.</ref>  

#A woman who was previously married to a non-Jew and converts by herself must wait 3 months before getting married to a Jewish man after the conversion.<ref>Shulchan Aruch E.H. 13:5</ref> There’s no leniency even if it is clear that she’s not pregnant such as if she’s too old to have children.<ref>Chelkat Mechokek 13:4 isn’t sure about this. Dagul Mirvava isn’t lenient against Chelkat Mechokek. Igrot Moshe YD 3:110 and EH 2:5 follows Dagul Mirvava but isn’t more lenient than that.</ref>

# A single woman who converts and wants to get married does not have to wait 3 months before getting married.<Ref>Shulchan Aruch E.H. 13:5, Bet Shmuel 13:7, Yabia Omer EH 9:17:1-2</ref> Some hold she has to wait,<ref>Radvaz cited by Pitchei Teshuva 13:5</ref> but to satisfy this opinion some hold a pregnancy test is sufficient.<ref>Dibrot Eliyahu 7:119 relies on a pregnancy test only for a convert which according to Shulchan Aruch doesn't need havchana. He doesn't rely on it for a married woman who converts since she needs havchana.</ref>