Conversion: Difference between revisions
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→Acceptance of Mitzvot
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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 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 ('' | #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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==Teaching Torah== | ==Teaching Torah== | ||
#Meiri Sanhedrin 59a s.v. ben writes that a non-Jew who is interested in converting can learn 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== | ||
