Conversion: Difference between revisions
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==Adoption and Child Conversions== | ==Adoption and Child Conversions== | ||
#If the parents aren't religious some say that it isn't considered a zachut for the child to be converted and therefore it is invalid even if the child later is religious. Others argue that it is still valid.<ref> | #If the parents aren't religious some say that it isn't considered a zachut for the child to be converted and therefore it is invalid even if the child later is religious. Others argue that it is still valid.<ref> | ||
*Bet Yitzchak EH 1:29:8 suggests that for a child conversion with non-religious parents, the mother non-Jewish and father Jewish, it is possibly a benefit to the child since will merit a portion in olam haba, even if he will sin. Nonetheless, he says that since it isn't a clear benefit he would be able to protest later even according to the Chatom Sofer. Bet Yitzchak YD 2:100:11 reiterates this point. | *Bet Yitzchak EH 1:29:8 suggests that for a child conversion with non-religious parents, the mother non-Jewish and father Jewish, it is possibly a benefit to the child since will merit a portion in olam haba, even if he will sin. Nonetheless, he says that since it isn't a clear benefit he would be able to protest later even according to the Chatom Sofer. Bet Yitzchak YD 2:100:11 reiterates this point. | ||
*Igrot Moshe YD 1:158 implies that it isn't clear if it is a benefit to the child if he is going to be raised by non-religious parents, since he can have olam haba. Therefore, he thinks it would be proper for him to do another tevilah when he becomes bar or bat mitzvah and accept mitzvot. He raises this possibility again in Igrot Moshe EH 4:26:3. There he writes that if the children are going to a Jewish day school and the parents are intermarried they should convert the children and it will be a benefit to them since they go to a Jewish day school, even though it isn't a clear benefit. | *Igrot Moshe YD 1:158 implies that it isn't clear if it is a benefit to the child if he is going to be raised by non-religious parents, since he can have olam haba. Therefore, he thinks it would be proper for him to do another tevilah when he becomes bar or bat mitzvah and accept mitzvot. He raises this possibility again in Igrot Moshe EH 4:26:3. There he writes that if the children are going to a Jewish day school and the parents are intermarried they should convert the children and it will be a benefit to them since they go to a Jewish day school, even though it isn't a clear benefit. | ||
* Minchat Yitzchak 3:99 writes that the conversion of a child for a non-religious couple would be invalid since it isn't a favor for the child since he could be non-Jewish and not be culpable for any Torah prohibitions, but now that he is Jewish he is obligated to follow the Torah and will be punished for not doing so. Since he isn't going to be brought up in a religious environment he is likely not going to be religious when he grows up. Even if it turns out that he is religious later it is still invalid since at the time of the conversion it didn't seem like a benefit to the child. Secondly, we couldn't assume he's Jewish until he is bar or bat mitzvah and accepted mitzvot because until then it won't be clear that he'll accept Judiasm. Thirdly, in order to be Jewish later he must accept mitzvot when he becomes bar or bat mitzvah (Tosfot Sanhedrin 68b). Minchat Yitzchak 6:105 reiterates this position.He notes the opinion of the Bach 268 and Ritva Ketubot 11a in understanding Rashi that the conversion is only for rabbinic purposes and wonders how he could marry a Jewish woman on that basis. Tosfot Ketubot 11a also assumes that the conversion is only rabbinic but nonetheless concludes that he is treated like a Jew in all respects even for biblical laws. The Rashba and Ritva Ketubot 11a though hold that the conversion is completely and unquestionably biblically valid. | * Minchat Yitzchak 3:99 writes that the conversion of a child for a non-religious couple would be invalid since it isn't a favor for the child since he could be non-Jewish and not be culpable for any Torah prohibitions, but now that he is Jewish he is obligated to follow the Torah and will be punished for not doing so. Since he isn't going to be brought up in a religious environment he is likely not going to be religious when he grows up. Even if it turns out that he is religious later it is still invalid since at the time of the conversion it didn't seem like a benefit to the child. Secondly, we couldn't assume he's Jewish until he is bar or bat mitzvah and accepted mitzvot because until then it won't be clear that he'll accept Judiasm. Thirdly, in order to be Jewish later he must accept mitzvot when he becomes bar or bat mitzvah (Tosfot Sanhedrin 68b). Minchat Yitzchak 6:105 reiterates this position.He notes the opinion of the Bach 268 and Ritva Ketubot 11a in understanding Rashi that the conversion is only for rabbinic purposes and wonders how he could marry a Jewish woman on that basis. Tosfot Ketubot 11a also assumes that the conversion is only rabbinic but nonetheless concludes that he is treated like a Jew in all respects even for biblical laws. The Rashba and Ritva Ketubot 11a though hold that the conversion is completely and unquestionably biblically valid. | ||
* Klalei Hagiyur of Rav Yitzchak Yosef pp. 53-64 collects many who hold that the conversion is only valid if the parents are religious and supports this from Rav Kook in Daat Kohen YD 147, Zecher Yitzchak 2, Rav Elyashiv (Kovetz Teshuvot 1:103), Shevet Halevi 6:202, Chelkat Yakov 1:128:4, Rav Yitzchak Elchanan quoted by Mateh Levi 2:55, and Seridei Esh 2:61:3. He also says that he heard it from his father Rav Ovadia Yosef. However, he notes that this is in opposition to the Bet Yitzchak and Rav Moshe Feinstein (Igrot Moshe 1:158, EH 4:26:3) and Dibrot Moshe (Shabbat 64:11) where he is inclined to this possibility but not certain.</ref> Therefore, a bet din may not do such a conversion where the parents aren't religious.<ref>Yalkut Yosef concludes not to convert a child with non-religious parents. He adds that this was also the position of Rav Herzog (Heichal Yitzchak EH 1:21), Rav Shaul Yisraeli (Mishpatei Shaul 38), and Rav Massas (Shemesh Umagen 3:62).</ref> After the fact, if the child wants to be Jewish when he is bar or bat mitzvah they should do another tevilah and accept the mitzvot before bet din. If he doesn't want to be Jewish and protests, certainly the original conversion is uprooted. If he does want to be Jewish and not do another tevila and acceptance of mitzvot before bet din, there is no clear consensus if he is Jewish, though many hold he is not Jewish.<ref>Yalkut Yosef cites Piskei Din Harabbanim v. 1 pp. 375-379 by Rav Yakov Ades, Rav Elyashiv, and Rav Jolty that after the fact it isn't clear that it is ineffective.</ref> | * Klalei Hagiyur of Rav Yitzchak Yosef pp. 53-64 collects many who hold that the conversion is only valid if the parents are religious and supports this from Rav Kook in Daat Kohen YD 147, Zecher Yitzchak 2, Rav Elyashiv (Kovetz Teshuvot 1:103), Shevet Halevi 6:202, Chelkat Yakov 1:128:4, Rav Yitzchak Elchanan quoted by Mateh Levi 2:55, and Seridei Esh 2:61:3. He also says that he heard it from his father Rav Ovadia Yosef. However, he notes that this is in opposition to the Bet Yitzchak and Rav Moshe Feinstein (Igrot Moshe 1:158, EH 4:26:3) and Dibrot Moshe (Shabbat 64:11) where he is inclined to this possibility but not certain.</ref> Therefore, a bet din may not do such a conversion where the parents aren't religious.<ref>Yalkut Yosef concludes not to convert a child with non-religious parents. He adds that this was also the position of Rav Herzog (Heichal Yitzchak EH 1:21), Rav Shaul Yisraeli (Mishpatei Shaul 38), and Rav Massas (Shemesh Umagen 3:62).</ref> After the fact, if the child wants to be Jewish when he is bar or bat mitzvah they should do another tevilah and accept the mitzvot before bet din. If he doesn't want to be Jewish and protests, certainly the original conversion is uprooted. If he does want to be Jewish and not do another tevila and acceptance of mitzvot before bet din, there is no clear consensus if he is Jewish, though many hold he is not Jewish.<ref>Yalkut Yosef cites Piskei Din Harabbanim v. 1 pp. 375-379 by Rav Yakov Ades, Rav Elyashiv, and Rav Jolty that after the fact it isn't clear that it is ineffective.</ref> | ||
#If the parents are religious it is a valid conversion.<ref>Igrot Moshe YD 1:162 writes that the child can protest even according to the Chatom Sofer since it could be that he would have preferred non-Jewish adopted parents. Yalkut Yosef (Klalei Hagiyur p. 53) agrees that we would accept an adopted child for conversion if the parents are religious. Minchat Yitzchak 3:99 doesn't recommend it and only would allow it after the fact if they already did the adoption. Igrot Moshe concludes that he doesn't recommend adopting non-Jewish children and converting them since there is no mitzvah to do so. | #If the parents are religious it is a valid conversion.<ref>Igrot Moshe YD 1:162 writes that the child can protest even according to the Chatom Sofer since it could be that he would have preferred non-Jewish adopted parents. Yalkut Yosef (Klalei Hagiyur p. 53) agrees that we would accept an adopted child for conversion if the parents are religious. Minchat Yitzchak 3:99 doesn't recommend it and only would allow it after the fact if they already did the adoption. Igrot Moshe concludes that he doesn't recommend adopting non-Jewish children and converting them since there is no mitzvah to do so. | ||
*Issues with adoption: the parents need to be religious for the conversion to be valid, they need to tell the child before he becomes a bar or bat mitzvah and have him accept mitzvot. If he doesn't know his practicing Judiasm isn't an implicit acceptance. Also, the entire concept of accepting a child convert when he is too young to choose to covert is a major question. The Ravyah cited by Mordechai (Yevamot 4:40) writes that would can't convert a child unless he explicit requests it. (This is also the opinion of the Raah cited by Shitah Mikubeset Ketubot 11a.) Minchat Yitzchak isn't certain if the Ravyah would allow the conversion after the fact if it wasn't against the child's will but the child didn't say anything, as is the case with a baby. He also notes that the Bach and Darkei Moshe understand that the Ran disagrees with this Ravyah. Additionally, the Rambam disagrees with the Ravyah. Nonetheless, the Shach cites the Ravyah and together with Shulchan Aruch would hold that it is only possible to convert a child if the parents agreed or the child requests it. Therefore, Minchat Yitzchak says that even for a religious couple it isn't advised to adopt and convert, though after the fact he thinks it is possible to rely on the Ran and Rambam and perhaps his understanding of the Ravyah.</ref> | |||
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#It is important to tell the children before they become bar or bat mitzvah so that they can either accept Judaism or protest the conversion.<ref>Igrot Moshe YD 1:162 s.v. ub'esem implies that even if the child never found out his entire life it is a valid conversion, however, it is ill-advised because he will likely find out and you wouldn't want him to protest the conversion at a later age. Minchat Yitzchak disagrees on the grounds that not protesting is accepting the mitzvot and if a child never did that he did not accept the mitzvot and is not Jewish. This position is evident in Tosfot Sanhedrin 68b.</ref> If he weren't told whenever he would find out he would be able to protest.<ref> Igrot Moshe YD 1:162 thinks that since the only reason we can assume he is Jewish until he protests is because there is an assumption that when growing up in a Jewish family he is going to accept the mitzvot when he becomes bar or bat mitzvah. However, if they weren't told until they were teenagers or after it isn't such a clear presumption. Once he is independent and also has a greater temptation to sin there is no assumption he will accept mitzvot. Therefore it would even be questionable to allow him to marry a Jewish girl because of the concern that he will later find out that he was converted and protest it and become a non-Jew married to a Jewish woman. Minchat Yitzchak agrees. </ref> | #It is important to tell the children before they become bar or bat mitzvah so that they can either accept Judaism or protest the conversion.<ref>Igrot Moshe YD 1:162 s.v. ub'esem implies that even if the child never found out his entire life it is a valid conversion, however, it is ill-advised because he will likely find out and you wouldn't want him to protest the conversion at a later age. Minchat Yitzchak disagrees on the grounds that not protesting is accepting the mitzvot and if a child never did that he did not accept the mitzvot and is not Jewish. This position is evident in Tosfot Sanhedrin 68b.</ref> If he weren't told whenever he would find out he would be able to protest.<ref> Igrot Moshe YD 1:162 thinks that since the only reason we can assume he is Jewish until he protests is because there is an assumption that when growing up in a Jewish family he is going to accept the mitzvot when he becomes bar or bat mitzvah. However, if they weren't told until they were teenagers or after it isn't such a clear presumption. Once he is independent and also has a greater temptation to sin there is no assumption he will accept mitzvot. Therefore it would even be questionable to allow him to marry a Jewish girl because of the concern that he will later find out that he was converted and protest it and become a non-Jew married to a Jewish woman. Minchat Yitzchak agrees. </ref> | ||
# If a child is converted by bet din when he is bar or bat mitzvah he could protest the conversion or accept Torah and mitzvot. A child who converts with his parents might not to be able to protest the conversion when he becomes bar or bat mitzvah.<ref>Chatom Sofer YD 253 writes that a child who converted with his parents can't later protest the conversion. This is premised on the opinion of the Rif, who doesn't allow a child convert to protest later, and Bahag, who wouldn't allow a child conversion without parent's consent. He also believes this is the opinion of the Rambam that it is only possible for a child convert to protest the conversion if it wasn't done by the request of his parents. Pitchei Teshuva 268:8 cites this teshuva. Bet Yitzchak 1:29:8 notes that this position is against Shulchan Aruch and although the Chatom Sofer's view should be noted we don't accept it.</ref> | # If a child is converted by bet din when he is bar or bat mitzvah he could protest the conversion or accept Torah and mitzvot. A child who converts with his parents might not to be able to protest the conversion when he becomes bar or bat mitzvah.<ref>Chatom Sofer YD 253 writes that a child who converted with his parents can't later protest the conversion. This is premised on the opinion of the Rif, who doesn't allow a child convert to protest later, and Bahag, who wouldn't allow a child conversion without parent's consent. He also believes this is the opinion of the Rambam that it is only possible for a child convert to protest the conversion if it wasn't done by the request of his parents. Pitchei Teshuva 268:8 cites this teshuva. Bet Yitzchak 1:29:8 notes that this position is against Shulchan Aruch and although the Chatom Sofer's view should be noted we don't accept it.</ref> | ||
#The possibility of removing the status of mamzerim through marrying a female convert who has the status of a maidservant is rejected by Minchat Yitzchak 5:48 because it is illegal o own slaves nowadays. See a similar theoretical suggestion in Igrot Moshe YD 1:162.There is no mitzvah to adopt and convert a non-Jewish child.<ref>Minchat Yitzchak 3:99:1 quoting Rashba Ketubot 11a, Tosfot Ketubot 44a s.v. hagiyoret, and Ran Ketubot 44a. Igrot Moshe YD 1:162 agrees.</ref> | #The possibility of removing the status of mamzerim through marrying a female convert who has the status of a maidservant is rejected by Minchat Yitzchak 5:48 because it is illegal o own slaves nowadays. See a similar theoretical suggestion in Igrot Moshe YD 1:162.There is no mitzvah to adopt and convert a non-Jewish child.<ref>Minchat Yitzchak 3:99:1 quoting Rashba Ketubot 11a, Tosfot Ketubot 44a s.v. hagiyoret, and Ran Ketubot 44a. Igrot Moshe YD 1:162 agrees.</ref> | ||
==Conservative Conversions== | |||
#Conservative conversions are generally considered invalid by Orthodox halacha.<ref>Igrot Moshe YD 3:77:2. Minchat Yitzchak 6:108 writes that you shouldn't let Conservative rabbis use your mikveh for a conversion.</ref> | |||
==Sources== | ==Sources== | ||
