Conversion: Difference between revisions
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→Adoption and Child Conversions
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#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 Judaism 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. Similarly, Shevet Halevi 6:202 rules that even according to the Ravyah it is permitted in cases of adoption because it isn't against the will of the child. </ref> | *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 Judaism 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. Similarly, Shevet Halevi 6:202 rules that even according to the Ravyah it is permitted in cases of adoption because it isn't against the will of the child. </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 | #It is important to tell the children that they were converted and can accept or reject Judaism<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=22333&st=&pgnum=204 Meged Yehuda YD 28] writes that he needs to know he's Jewish otherwise he could protest later in life, but he doesn't not need to know that he can protest. Rav Soloveitchik in Mpeninei Harav p. 243 wasn't sure about this.</ref> 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 3:99:13 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. | ||
* Kaneh Bosem YD 1:115 considers that according to the strict halacha it isn't necessary to tell the convert that he is a convert but after he asked Dayan Weiss he concludes that you must tell the convert. His reasoning was that according to Tosfot Sanhedrin 68b without telling the convert it isn't considered a valid acceptance of mitzvot and according to Tosfot Ketubot 11a without telling them it remains a rabbinic conversion instead of a biblical one. However, according to the Rashba and Ritva Ketubot 11a it might not be necessary ever to tell them. Also, according to the Chatom Sofer YD 253 since the child converted with the parents the child can't reject Judaism and accordingly wouldn't be necessary to tell them.</ref> If he weren't told, he would be able to protest or accept Judaism whenever he finds out.<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 3:99:13 agrees. Shevet Halevi 5:250 also concludes that it is necessary to tell the convert that he was converted as a child otherwise we can't assume that they're Jewish because they might later find out and protest it. Even in an extenuating circumstance it is necessary to tell the child.</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> | #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> | ||
