Conversion: Difference between revisions
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# Yabia Omer EH 7:1 ruled that the Russian Jews who say that they're Jewish are believed, however, it is important that they clarify their definition of Jewish. If they know that Judaism depends on the mother then they can be believed. His primary source is that we trust someone who says he's Jewish since the majority of those who claim that they're Jewish are in fact Jewish as long as there wasn't any presumption that they are non-Jewish. He says that this majority applies whether or not they are observant of halacha when they make this claim. This principle that we can rely on majority even if the person currently isn't religious is the subject of debate of rishonim and achronim. Piskei Din Shel Batei Hadin Harabanim v. 9 p. 357 describes this at length. The case they're discussing is about a son who claims he's Jewish but his mother claims she and by extension he are not. In summary, most rishonim (Tosfot Yevamot 47a, Rabbenu Tam in Sefer Hayashar, Ramban, Rashba, etc) hold that claiming that you're Jewish is enough to presume that you're Jewish even if there is no other evidence to support that claim unless there is a presumption that previously he was assumed to be a non-Jew. However, the Meiri and Maggid Mishna hold that further proof is necessary in order to get married. The Bach YD 268 and Shach sides with the lenient rishonim, while the Bet Hillel EH 2 sides with the strict rishonim. Rav Chaim Ozer 3:27 does seem to support the strict approach. Rav Ovadia sided with the Bach who is lenient unlike the Bet Hillel. Rav Moshe in Igrot Moshe EH 1:8 also seems to be strict. | # Yabia Omer EH 7:1 ruled that the Russian Jews who say that they're Jewish are believed, however, it is important that they clarify their definition of Jewish. If they know that Judaism depends on the mother then they can be believed. His primary source is that we trust someone who says he's Jewish since the majority of those who claim that they're Jewish are in fact Jewish as long as there wasn't any presumption that they are non-Jewish. He says that this majority applies whether or not they are observant of halacha when they make this claim. This principle that we can rely on majority even if the person currently isn't religious is the subject of debate of rishonim and achronim. Piskei Din Shel Batei Hadin Harabanim v. 9 p. 357 describes this at length. The case they're discussing is about a son who claims he's Jewish but his mother claims she and by extension he are not. In summary, most rishonim (Tosfot Yevamot 47a, Rabbenu Tam in Sefer Hayashar, Ramban, Rashba, etc) hold that claiming that you're Jewish is enough to presume that you're Jewish even if there is no other evidence to support that claim unless there is a presumption that previously he was assumed to be a non-Jew. However, the Meiri and Maggid Mishna hold that further proof is necessary in order to get married. The Bach YD 268 and Shach sides with the lenient rishonim, while the Bet Hillel EH 2 sides with the strict rishonim. Rav Chaim Ozer 3:27 does seem to support the strict approach. Rav Ovadia sided with the Bach who is lenient unlike the Bet Hillel. Rav Moshe in Igrot Moshe EH 1:8 also seems to be strict. | ||
==Shabbat== | |||
# A non-Jew should not observe Shabbat.<ref>Sanhedrin 58b. According to Rashi Sanhedrin 58b s.v. amar writes that it is forbidden even if one doesn't intend to abstain from melacha for religious purposes and it is just to rest. The Rambam (Melachim 10:9) holds that it is only forbidden if they intend to do so for a religious purpose since it is like creating a new religion. Yad Ramah Sanhedrin 58b s.v. v'amar identifies this dispute. Meiri 59a s.v. ben writes that a non-Jew can't observe another day of the week as Shabbat because Jews might mistakenly learn from him.</ref> | |||
# A convert who did milah and didn't do tevilah, according to some poskim should specifically do melacha on Shabbat.<ref>Avnei Nezer YD 351:4-5 writes that according to the Zohar the Jews kept Shabbat after Marah because that's when they completed their milah with priya, even though they didn't complete their conversion at matan torah. Though, he thinks that the rishonim (Tosfot Yevamot 46b, Rashba Yevamot 71a, Ran a"z 26b) sound like this is incorrect and a convert with milah without tevilah is still a complete non-Jew. [http://download.yutorah.org/2008/1053/727378.pdf Rav Zevulun Charlop] cites Pachad Yitzchak (Igrot 56) who distinguishes between Shabbat at marah and Shabbat today for someone who has milah. </ref> However, most poskim hold that it isn't necessary and shouldn't do melacha.<ref>In April 1848, a non-Jew from Morocco came to Yerushalayim to convert. While recovering from the milah before the tevilah, on Shabbat Rav Asher Lemel was asked whether or not this perspective convert should keep Shabbat. Rav Lamel told him not to keep Shabbat. Afterwards the rabbis of Yerushalayim all disagreed with Rav Lamel on the grounds that the minhag previously was not to be concerned about this and let the perspective convert keep Shabbat. The Binyan Tzion 91 writes that according to his investigations the minhag in Germany was like it was in Yerushalayim. Also, he held that a non-Jew who did milah and not yet tevila should keep Shabbat. 1) Brit milah is a covenant and Shabbat is a covenant; once one forged one covenant with Hashem it isn't reasonable that one needs to break the other. 2) Tosfot Keritut 9a implies that brit milah causes a person to become separated from the other nations even before completing the conversion. He concludes that he is obligated to keep Shabbat. | |||
* Lhorot Natan 1:38:15 writes that there is a great proof from Tosfot Yeshanim Yevamot 48b and Midrash Rabba (Devarim 1:27) that it is permitted for a convert who do milah to keep Shabbat even though he didn't finish converting.</ref> | |||
# A Jew who isn't certain that he is going to convert to be strict, between when he is aware of this doubt and when he converts, he has a dillema whether he should keep Shabbat. If he's non-Jewish he can't keep Shabbat, but if he's Jewish he can. See note for some solutions.<ref>Chashukei Chemed Sanhedrin 58b writes about someone from Russian extraction and isn't sure if he is Jewish. Between when he became aware of this and his conversion, can he keep Shabbat? If he is non-Jewish he can't keep Shabbat, but if he's Jewish he should keep Shabbat? Solutions that Chashukei Chemed quotes include: wearing tzitzit in the public domain (Maharam Shik OC 145 quoting the Chatom Sofer), asking a non-Jew to work for him (Maharam Shik), or working on Saturday night (Panim Yafot Beresheet 8:22).</ref> | |||
==Conservative Conversions== | ==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> | #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> | ||
==Baal Teshuva== | ==Baal Teshuva== | ||
#There is a rabbinic tevilah for someone who completely left Jewish practice and wants to do teshuva.<ref>Rama 268:12. The Gra cites the source for the Tevilah in [https://he.wikisource.org/wiki/%D7%90%D7%91%D7%95%D7%AA_%D7%93%D7%A8%D7%91%D7%99_%D7%A0%D7%AA%D7%9F_%D7%97#%D7%97 Avot D'Rabbi Natan 8:8].</ref> | #There is a rabbinic tevilah for someone who completely left Jewish practice and wants to do teshuva.<ref>Rama 268:12. The Gra cites the source for the Tevilah in [https://he.wikisource.org/wiki/%D7%90%D7%91%D7%95%D7%AA_%D7%93%D7%A8%D7%91%D7%99_%D7%A0%D7%AA%D7%9F_%D7%97#%D7%97 Avot D'Rabbi Natan 8:8].</ref> | ||
