Conversion: Difference between revisions
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→Adoption and Child Conversions
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*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 | * 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 Judaism. 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. | ||
* Seridei Esh 1:46 says it is ineffective even after the fact, but in 2:63 (written earlier) he says that initially you shouldn't convert a child for non-religious parents. Rav Elyashiv (Kovetz Teshuvot 1:29) argues with Rav Moshe that it is not a zechut since even if he isn't aware of the sins he still needs atonement for them. Seemingly it would be ineffective even after the fact. Similarly, Rav Kook (Daat Kohen YD 147) writes 3 reasons why they can't accept a child convert for a non-religious couple: a) Every convert needs kabbalat mitzvot and the parents can express that their intention to accept mitzvot and raise him in that spirit. b) If the child himself want the conversion he needs to have his parents request the conversion (based on Ravyah) but if the parents don't plan to raise him to mitzvot it is like they're not asking for conversion. c) There is no mechanism of sheliychutahu for the bet din to perform the conversion since it isn't such an important spiritual loss for them to covert in such a case. Seemingly it should be ineffective even after the fact. | * Seridei Esh 1:46 says it is ineffective even after the fact, but in 2:63 (written earlier) he says that initially you shouldn't convert a child for non-religious parents. Rav Elyashiv (Kovetz Teshuvot 1:29) argues with Rav Moshe that it is not a zechut since even if he isn't aware of the sins he still needs atonement for them. Seemingly it would be ineffective even after the fact. Similarly, Rav Kook (Daat Kohen YD 147) writes 3 reasons why they can't accept a child convert for a non-religious couple: a) Every convert needs kabbalat mitzvot and the parents can express that their intention to accept mitzvot and raise him in that spirit. b) If the child himself want the conversion he needs to have his parents request the conversion (based on Ravyah) but if the parents don't plan to raise him to mitzvot it is like they're not asking for conversion. c) There is no mechanism of sheliychutahu for the bet din to perform the conversion since it isn't such an important spiritual loss for them to covert in such a case. Seemingly it should be ineffective even after the fact. | ||
* However, Rav Herzog (Heichal Yitzchak EH 1:21) writes that the bet din shouldn't initially accept such a convert if the parents aren't religious. Also, Piskei Din of Batei Din HaRabbanim v. 1 pp. 375-379 records the ruling of Rav Elyashiv, Rav Jolty, and Rav Yakov Ades that they shouldn't do such a conversion but after the fact the conversion is subject to doubt whether it is valid. | * However, Rav Herzog (Heichal Yitzchak EH 1:21) writes that the bet din shouldn't initially accept such a convert if the parents aren't religious. Also, Piskei Din of Batei Din HaRabbanim v. 1 pp. 375-379 records the ruling of Rav Elyashiv, Rav Jolty, and Rav Yakov Ades that they shouldn't do such a conversion but after the fact the conversion is subject to doubt whether it is valid. | ||
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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> | ||
# | #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== | ||
