Conversion: Difference between revisions
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* Ritva 45b writes that Bet Din is necessary for everything even after the fact. The gemara means that even if you don’t intend for conversion it is still valid. | * Ritva 45b writes that Bet Din is necessary for everything even after the fact. The gemara means that even if you don’t intend for conversion it is still valid. | ||
* Hagahot Mordechai Yevamot 4:111 says that if a convert converted without a bet din some say that the conversion is invalid while others say it is acceptable. Darkei Moshe 268:3 understands that this corresponds to the opinions of Tosfot and Rambam. Mordechai Yevamot 4:36 quotes Rabbenu Simcha and Rabbi Yehuda Bar Yom Tov who hold that a conversion only needs one judge. | * Hagahot Mordechai Yevamot 4:111 says that if a convert converted without a bet din some say that the conversion is invalid while others say it is acceptable. Darkei Moshe 268:3 understands that this corresponds to the opinions of Tosfot and Rambam. Mordechai Yevamot 4:36 quotes Rabbenu Simcha and Rabbi Yehuda Bar Yom Tov who hold that a conversion only needs one judge. | ||
* Shulchan Aruch YD 268:3 writes the opinion of Tosfot and Rosh as the anonymous opinion and then notes the opinion of the Rif and Rambam by name. Yabia Omer YD 1:19 is strict even though it seems to be an explain of stam vyesh. Achiezer 3:27 implies that even after the fact not having bet din for milah or tevila is an issue like the Rif and Rambam.</ref> | * Shulchan Aruch YD 268:3 writes the opinion of Tosfot and Rosh as the anonymous opinion and then notes the opinion of the Rif and Rambam by name. Yabia Omer YD 1:19 is strict even though it seems to be an explain of stam vyesh. Achiezer 3:27 implies that even after the fact not having bet din for milah or tevila is an issue like the Rif and Rambam. Similarly, [https://www.hebrewbooks.org/pdfpager.aspx?req=57989&pgnum=181 Perach Mateh Aharon 2:51] writes that we’re strict for rif and rambam that if lacking bet din you need to do it again. </ref> | ||
#The Bet Din for conversions do not need to have three torah scholars.<ref>Igrot Moshe YD 1:159 clarifies that the three people who serve as a bet din don't all need to be torah scholars.</ref> | #The Bet Din for conversions do not need to have three torah scholars.<ref>Igrot Moshe YD 1:159 clarifies that the three people who serve as a bet din don't all need to be torah scholars.</ref> | ||
==Order of Procedure== | ==Order of Procedure== | ||
# The milah is done before the tevilah. If they did the tevilah before the milah there is a major dispute if the conversion is effective and therefore, they should repeat the tevilah.<ref>Rama YD 268:1 quotes a dispute between the Ramban and Raah whether the order is essential after the fact, the Ramban positing that it doesn't and the Raah holding it does. The Shach 268:2 adds that they should do the tevilah again because of this dispute.</ref> | # The milah is done before the tevilah. If they did the tevilah before the milah there is a major dispute if the conversion is effective and therefore, they should repeat the tevilah.<ref>Rama YD 268:1 quotes a dispute between the Ramban and Raah whether the order is essential after the fact, the Ramban positing that it doesn't and the Raah holding it does. The Shach 268:2 adds that they should do the tevilah again because of this dispute.</ref> | ||
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#A conversion should only be done during the day. After the fact, it is necessary for accepting mitvzot and it is a dispute if it is necessary only for accepting mitzvot or all parts of conversion.<ref>Bach CM 5:6 we should be strict about a din at night because of the Rashbam and Smag that a din at night is effective.</ref> | #A conversion should only be done during the day. After the fact, it is necessary for accepting mitvzot and it is a dispute if it is necessary only for accepting mitzvot or all parts of conversion.<ref>Bach CM 5:6 we should be strict about a din at night because of the Rashbam and Smag that a din at night is effective.</ref> | ||
==Tevilah of Women== | ==Tevilah== | ||
#Many poskim hold that tevilah needs to be done in the presence of bet din. For a woman they can wear a loosely fitted robe that covers her whole body while entering the mikveh in the presence of bet din.<ref>Rambam and Shulchan Aruch hold that the tevila of both men and women need to be in front of bet din. Minchat Yitzchak 4:34:3 writes that it is possible that after the fact it is an effective conversion since according to Tosfot a bet din isn't necessary for tevila and also according to others it might be effective since the bet din knows that she went into the mikveh. Yabia Omer YD 1:19 says that they need to do the gerut again because it might not have been a valid gerut at all. He would allow her to wear a loosely fitted robe or a sheet above the water to make it more modest. Igrot Moshe YD 2:127 agrees that it is an unresolved machloket. Teshuvot Vehanhagot 1:621 also says that it needs to be redone if the tevila was done without the bet din watching in the room.</ref> | # Some say that shehechiyanu is recited after the tevilah and completion of conversion.<ref>Radvaz 1:434 holds that a shehechiyanu is recited at the completion of conversion (and not at the milah) since he is now joyous that he is now able to fulfill mitzvot.</ref> | ||
===Tevilah of Women=== | |||
#Many poskim hold that tevilah needs to be done in the presence of bet din. For a woman they can wear a loosely fitted robe that covers her whole body while entering the mikveh in the presence of bet din.<ref>Rambam and Shulchan Aruch hold that the tevila of both men and women need to be in front of bet din. Minchat Yitzchak 4:34:3 writes that it is possible that after the fact it is an effective conversion since according to Tosfot a bet din isn't necessary for tevila and also according to others it might be effective since the bet din knows that she went into the mikveh. Yabia Omer YD 1:19 says that they need to do the gerut again because it might not have been a valid gerut at all. He would allow her to wear a loosely fitted robe or a sheet above the water to make it more modest. | |||
* Igrot Moshe YD 2:127 agrees that it is an unresolved machloket and needs to be redone. However, in Igrot Moshe 3:112 (11 years after previous one) he says that even if only one of the judges saw the woman go into the mikvah and others were there and heard it, it is valid. There he explains that even according to the Rambam and Rif it is valid since the judges know she went to the mikveh properly even though they didn't see it. It seems to be contradiction to his earlier teshuva. Teshuvot Vehanhagot 1:621 also says that it needs to be redone if the tevila was done without the bet din watching in the room.</ref> | |||
==Pregnant Woman Conversion== | ==Pregnant Woman Conversion== | ||
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#A prospective ger must accept all of the mitzvot in front of a Bet Din of three men during the day.<ref>Tosfot Yevamot 45b s.v. mi clarifies that accepting mitzvot is a critical part of conversion and is invalid without it. Shulchan Aruch Y.D. 268:3 codifies Tosfot. Chemdat Shlomo 1:29, Bet Meir, Achiezer, and Igrot Moshe all hold that acceptance of mitzvot is critical and without it the conversion isn’t valid.</ref> If the convert accepted the mitzvot but not in front of a Bet Din the conversion is invalid.<ref>Tosfot Yevamot 45b s.v. mi, Ramban Yevamot 45b, Shulchan Aruch Y.D. 268:3</ref> | #A prospective ger must accept all of the mitzvot in front of a Bet Din of three men during the day.<ref>Tosfot Yevamot 45b s.v. mi clarifies that accepting mitzvot is a critical part of conversion and is invalid without it. Shulchan Aruch Y.D. 268:3 codifies Tosfot. Chemdat Shlomo 1:29, Bet Meir, Achiezer, and Igrot Moshe all hold that acceptance of mitzvot is critical and without it the conversion isn’t valid.</ref> If the convert accepted the mitzvot but not in front of a Bet Din the conversion is invalid.<ref>Tosfot Yevamot 45b s.v. mi, Ramban Yevamot 45b, Shulchan Aruch Y.D. 268:3</ref> | ||
#If the convert accepted mitzvot but knows or even intends that due to certain desires he won’t be able to fulfill a certain mitzvah it is nonetheless absolutely considered acceptance of mitzvot.<ref>Achiezer 3:26:4 explains that accepting to keep the mitzvot doesn’t mean that he must accept to actually practice all of them. Accepting mitzvot means accepting that they’re all true and binding. If he says that he doesn’t want to accept one mitzvah it isn’t an acceptance of mitzvot. But he says he accepts all mitzvot but because of a certain desire intends not to keep one mitzvah it is nonetheless a valid conversion. Minchat Asher (Shabbat 34:1) writes that if he isn’t intending to violate a mitzvah because of a desire but rather just knows that likely because of the difficulty of mitzvot that he will be overcome with desire and not fulfill a mitzvah that is certainly considered a valid conversion. </ref> Others argue if he intends not to keep a mitzvah because of a desire that is an invalid conversion.<ref>Dvar Avraham argues that it shouldn’t be a valid conversion but isn’t completely convinced that after the fact it is invalid. Lhorot Natan is convinced that the Achiezer is incorrect. Accepting mitzvot means accepting actually practicing all the mitzvot. </ref> | #If the convert accepted mitzvot but knows or even intends that due to certain desires he won’t be able to fulfill a certain mitzvah it is nonetheless absolutely considered acceptance of mitzvot.<ref>Achiezer 3:26:4 explains that accepting to keep the mitzvot doesn’t mean that he must accept to actually practice all of them. Accepting mitzvot means accepting that they’re all true and binding. If he says that he doesn’t want to accept one mitzvah it isn’t an acceptance of mitzvot. But he says he accepts all mitzvot but because of a certain desire intends not to keep one mitzvah it is nonetheless a valid conversion. Minchat Asher (Shabbat 34:1) writes that if he isn’t intending to violate a mitzvah because of a desire but rather just knows that likely because of the difficulty of mitzvot that he will be overcome with desire and not fulfill a mitzvah that is certainly considered a valid conversion. </ref> Others argue if he intends not to keep a mitzvah because of a desire that is an invalid conversion.<ref>Dvar Avraham argues that it shouldn’t be a valid conversion but isn’t completely convinced that after the fact it is invalid. Lhorot Natan is convinced that the Achiezer is incorrect. Accepting mitzvot means accepting actually practicing all the mitzvot. </ref> | ||
#If the convert said that he accepted mitzvot but in his heart did not intend on keeping the mitzvot that is an invalid conversion.<ref>Bet Yitzchak, Achiezer 3:26, Igrot Moshe 3:108 | #If the convert said that he accepted mitzvot but in his heart did not intend on keeping the mitzvot that is an invalid conversion.<ref>Bet Yitzchak YD 2:100:9, Achiezer 3:26, Igrot Moshe YD 1:157 and 3:108, Minchat Yitzchak 6:107. Bet Yitzchak explains that intentions can't invalidate a statement (''dvarim shebelev einam dvarim'') for matters that relate to two people, however, conversion is between a person and Hashem and one's intentions certainly do count. Therefore, if the convert says that they plan to keep Torah but intends otherwise it is invalid. | ||
* In a specific case of a woman who said she accepted mitzvot but had in mind to violate some halachot, Igrot Moshe 3:108 writes that it is a valid conversion. His reasons are (1) since her children are practicing Judaism she isn't trusted about them to say that they're not Jewish. (2) dvar shebelev einam dvarim unless there is a clear circumstance that everyone knew that contradicts her words. (3) If she accepts the mitzvot but because of financial pressures she won't be able to keep all the mitzvot under pressure that is an acceptance. The last reason he isn't certain about. However, regarding (1) Achiezer 3:26:2 argues that for the actual acceptance of mitzvot dvarim shebelev isn't relevant since it is a matter between him and heaven. If he doesn't accept | * In a specific case of a woman who said she accepted mitzvot but had in mind to violate some halachot, Igrot Moshe 3:108 writes that it is a valid conversion. His reasons are (1) since her children are practicing Judaism she isn't trusted about them to say that they're not Jewish. (2) dvar shebelev einam dvarim unless there is a clear circumstance that everyone knew that contradicts her words. (3) If she accepts the mitzvot but because of financial pressures she won't be able to keep all the mitzvot under pressure that is an acceptance. The last reason he isn't certain about. However, regarding (1) Achiezer 3:26:2 argues that for the actual acceptance of mitzvot dvarim shebelev isn't relevant since it is a matter between him and heaven. If he doesn't accept mitzvot it is invalid.</ref> If it isn't clear if they accepted mitzvot, some say that it is a questionable conversion.<ref>Igrot Moshe YD 3:106 writes that although the convert said that they accept mitzvot but the circumstances make it clear that this statement is questionable, the validity of the conversion is questionable. Kger Kezrach ch. 32 discusses this opinion and supports it.</ref> | ||
#If the convert accepted all the mitzvot besides one mitzvah the Bet Din should not accept such a convert. After the fact, some say that it is a valid conversion,<ref>Igrot Moshe YD 3:106 | #If the convert accepted all the mitzvot besides one mitzvah the Bet Din should not accept such a convert. After the fact, some say that it is a valid conversion,<ref>Igrot Moshe YD 3:106 | ||
* Rashi 31a s.v. gayrey says that Hillel did a conversion even though the convert said he didn't intend to accept one thing because he didn't deny the oral Torah but didn't believe it was from Hashem and Hillel knew he would convince him otherwise. Igrot Moshe 3:106 learns from Rashi that excluding one thing doesn't invalidate the conversion but you shouldn't do such a conversion unless you know afterwards he will accept it. Minchat Asher Shabbat 34:1 understands this Rashi differently. He did accept the oral Torah but wasn't convinced it was divine. That is considered like he accepted the Torah because he believed in the oral Torah and just didn't believe in the divine source of the oral Torah and for that Hillel knew he'd correct him later.</ref> while most poskim hold that the conversion is invalid.<ref>Bet Yitzchak, Biur Halacha 304. Achiezer 3:26 is uncertain. It seems that Rav Moshe retracted because both in Igrot Moshe YD 3:107 and 3:108 which are written after 3:106 he says that it isn’t a valid conversion. Igrot Moshe 3:106 holds that chutz mdvar echad is only lechatchila but in 3:107 and 3:108 he says that isn't the case.</ref> | * Rashi 31a s.v. gayrey says that Hillel did a conversion even though the convert said he didn't intend to accept one thing because he didn't deny the oral Torah but didn't believe it was from Hashem and Hillel knew he would convince him otherwise. Igrot Moshe 3:106 learns from Rashi that excluding one thing doesn't invalidate the conversion but you shouldn't do such a conversion unless you know afterwards he will accept it. Minchat Asher Shabbat 34:1 understands this Rashi differently. He did accept the oral Torah but wasn't convinced it was divine. That is considered like he accepted the Torah because he believed in the oral Torah and just didn't believe in the divine source of the oral Torah and for that Hillel knew he'd correct him later.</ref> while most poskim hold that the conversion is invalid.<ref>Bet Yitzchak, Biur Halacha 304. Achiezer 3:26 is uncertain. It seems that Rav Moshe retracted because both in Igrot Moshe YD 3:107 and 3:108 which are written after 3:106 he says that it isn’t a valid conversion. Igrot Moshe 3:106 holds that chutz mdvar echad is only lechatchila but in 3:107 and 3:108 he says that isn't the case.</ref> | ||
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#If the convert is converting for marriage after the fact the conversion is valid as long as they completely accepted all of the mitzvot.<ref>Yevamot 24b, Igrot Moshe, Achiezer, Dvar Avraham</ref> | #If the convert is converting for marriage after the fact the conversion is valid as long as they completely accepted all of the mitzvot.<ref>Yevamot 24b, Igrot Moshe, Achiezer, Dvar Avraham</ref> | ||
#If she didn’t accept mitzvot at the time of the tevilah but planned on accepting mitzvot later that isn’t considered an acceptance of mitzvot until the later time. However, accepting mitzvot is a prerequisite for tevila and the tevila needs to be repeated.<ref>Igrot Moshe 3:108</ref> | #If she didn’t accept mitzvot at the time of the tevilah but planned on accepting mitzvot later that isn’t considered an acceptance of mitzvot until the later time. However, accepting mitzvot is a prerequisite for tevila and the tevila needs to be repeated.<ref>Igrot Moshe 3:108</ref> | ||
# A bet din who accepts converts who don't intent to fulfill the mitzvot are causing a major obstacle to other Jews who will think that they are completely acceptable Jews.<ref>Bet Yitzchak YD 2:100:11 writes that it isn't lifnei iver for the convert himself since it is the convert's obligation to keep Torah and he isn't responsible for his actions (Rashi Niddah 13a). However, he adds that it is a problem since others will think that they are Jewish and that is a major problem for them. Therefore, he says it isn't proper to accept such a convert who doesn't intend to keep mitzvot. Minchat Shlomo 1:35:3 disagrees and holds that it is lifnei iver to cause him to become Jewish and be punished for his sins. Igrot Moshe YD 1:157 writes that there is no reason to accept a convert who isn't going to practice mitzvot.</ref> | |||
==Claiming Oneself is Jewish== | ==Claiming Oneself is Jewish== | ||
#If a person was assumed to be a non-Jew and wasn't acting Jewish and now he claims that his mother was Jewish he is not trusted.<ref>Achiezer 3:27</ref> | #If a person was assumed to be a non-Jew and wasn't acting Jewish and now he claims that his mother was Jewish he is not trusted.<ref>Achiezer 3:27</ref> | ||
==Milah== | ==Milah== | ||
# A non-Jew who already had a medical circumcision or was born circumcised needs a hatafat dam brit, and no bracha is recited.<ref>Tosfot Yevamot 46b s.v. drabbi yosi quotes a dispute between the Bahag and Rabbenu Chananel whether a convert who already has a milah needs hatafat dam brit. Bahag holds he does. The Tur 268:1 cites the Itur who distinguishes between a non-Jew born without a foreskin who doesn't need a hatafat dam brit, and a convert who had a medical circumcision previously who needs a hatafat dam brit. Bet Yosef culls the opinion of the Rif Shabbat 55b, Rosh Shabbat 19:5, and Rambam Shabbat 1:7 as holding like the Bahag. Shulchan Aruch Y.D. 268:1 codifies this opinion that he needs a hatafat dam brit without a bracha. Shach 268:1 explains that there is no bracha because it is a dispute in the rishonim.</ref> | |||
# A non-Jew who can't have a milah for medical reasons can't convert.<ref>Tosfot Yevamot 46b s.v. drabbi yosi writes that if a male's male organ was cut off he can still convert and he becomes Jewish with tevilah like a woman. Shulchan Aruch Y.D. 268:1 codifies this opinion. Although someone who can't have a milah for medical reasons seems to be similar to that case, the Achiezer 4:45 and 4:46 rejects that comparison and holds that he can't convert. This is also the opinion of Zecher Yitzchak 3, Derech Pikudecha (Mitzchak Aseh 2, Dibbur 30), Rav Kook (Daat Kohen 150), and Rav Tzvi Pesach Frank YD 220. Rav Kook distinguishes between from the case of Tosfot since the medical situation could be temporary, it could be possible if they want to put themselves in danger, or that we don’t have shiluchutayhu for an uncommon situation.</ref> | |||
===Milah by Non-Jew=== | ===Milah by Non-Jew=== | ||
# 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> | # 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> | ||
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==Conversion for Marriage== | ==Conversion for Marriage== | ||
#Initially a bet din may not convert for marriage but after the fact it is acceptable.<ref>Yevamot 24b</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.</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 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> | #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> | #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 if his "wife" can't convert.<ref>Achiezer 3:26:7 based on Rav Shlomo Kluger</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> | ||
==Milah for Baby Mistakenly Assumed to Be Jewish== | ==Milah for Baby Mistakenly Assumed to Be Jewish== | ||
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# 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> | ||
# There is a discussion whether the bracha for the tevila of a child convert is recited by the bet din or child.<ref>Gerut Kehilchata 6:12. See Shevet Halevi 6:194. Derech Pikudecha (Mitzvah Aseh 2, Dibbur 31) isn't sure if the bet din can recite a bracha at the conversion of a child because he might later decide not to accept Judaism. See Rashba Ketubot 11a.</ref> | |||
# Yichud with children who are adopted is a serious halachic issue and should be dealt with a Rav in advance.<ref>Shevet Halevi 5:205:8 and 6:196 writes that there is no valid permit to violate yichud when adopting children. He says that just because they are brought by parents and feel close to them emotionally it isn't the same as natural parents. He clarifies that he isn't against adoption but it should be done in a way that avoid any question of yichud. Tzitz Eliezer 6:40:21 writes as a way of justifying the practice (limmud zechut) but doesn't actually endorse it. The main reason to be lenient is that since they're brought up by their adopted parent they don't feel any attraction to them.</ref> | |||
==Russian and Ethiopian Jews== | ==Russian and Ethiopian Jews== | ||
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==Shabbat== | ==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 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. | ||
* The Rambam (Melachim 10:9) implies that it is forbidden for a non-Jew to keep Shabbat or even another day during the week as a day of rest but only if it is for religious reasons. If it is for leisure it is permitted. This is further implied by Yad Ramah 58b s.v. vamar who contrasts the opinion of the Rambam with another opinion (either Rashi or one similar to Rashi) that holds keeping Shabbat purely for leisure is also forbidden. Meiri 59a s.v. ben seems to follow the approach of the Rambam in this respect. Rashi Sanhedrin 58b is of the opinion that for leisure is also forbidden. Igrot Moshe YD 2:7 writes that the Rambam agrees with Rashi. </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. | # 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> | * 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> | # 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> | ||
==Teaching Torah== | |||
#Meiri Sanhedrin 59a s.v. ben writes that a non-Jew who is interested in converting can learn Torah. | |||
==Volunteering Mitzvot as a Non-Jew== | |||
# A non-Jew who volunteers to do mitzvot according to many opinions is rewarded. However, they may not observe mitzvot as an obligation because doing so is considered creating a new religion.<ref>The Rambam Melachim 10:10 writes that a non-Jew who wants to fulfill mitzvot and receive reward we shouldn't stop him. On the other hand, in 10:9 he writes that we shouldn't let him do a mitzvah that he isn't obligated in because he is creating a non-religion in doing so. He should either convert or only keep the 7 mitzvot of bnei noach. The Radvaz explains that the distinction is whether he intends to create a new religion. If he just does a mitzvah voluntarily not intending that it is an obligationi that is acceptable, while if he is does it with the intention of being a commandment he should be stopped. While it seems from the Rambam and Radvaz that the non-Jew is rewarded for doing a mitzvah voluntarily it isn’t absolutely clear. It is possible that the non-Jew is doing the mitzvah voluntarily to get rewarded but isn’t actually going to be rewarded. That is the position of Rav Moshe Feinstein in Igrot Moshe YD 2:7. | |||
* However, in light of the Rambam responsa 148 (Blau, Pear Hadur 60) it seems clear that the Rambam holds that a non-Jew who does a mitzvah voluntarily is indeed rewarded. He seems to apply it to all the mitzvot. The Meiri Sanhedrin 59a s.v. ben also says this, but Igrot Moshe YD 2:7 writes that it is a scribal error. The other proofs against Igrot Moshe like Pirush Mishnayot of Rambam Trumot 3:9 are dealt with in that teshuva.</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> | ||
