Bots, Bureaucrats, Interface administrators, Suppressors, Administrators, wiki-admin, wiki-controller, wiki-editor, wiki-reader
1,193
edits
Conversion: Difference between revisions
From Halachipedia
m
Text replacement - "S"A" to "Shulchan Aruch"
m (Text replacement - "S"A" to "Shulchan Aruch") |
|||
| (9 intermediate revisions by the same user not shown) | |||
| Line 27: | Line 27: | ||
==Acceptance of Mitzvot== | ==Acceptance of Mitzvot== | ||
#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 and tenants of emunah<ref>Rambam Isurei Biyah 14:2, Maggid Mishna 14:1, Orchot Chaim (Hilchot Isurei Biya 9), Shulchan Aruch Y.D. 268:2, Levush 268:2. Lhorot Natan 14:59 holds that if they converted with a warped idea of emunah, such as believing that the Christian New Testament is true, the conversion is invalid. Piskei Din Yerushalayim (Dinei Mamonot v. 14 p. 422 n. 4) agrees that if someone believes in Christianity and Judaism his conversion is invalid. Gerut Kehilchata 2:15 writes that he needs to accept mitzvot with the understanding that we keep mitzvot because they were commanded by Hashem through Moshe.</ref> 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> | ||
| Line 59: | Line 59: | ||
#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 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> | #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> | ||
==Marriage after Conversion== | |||
#A husband and wife who converted together need to wait 3 months before remarrying each other in order to differentiate between a child she would have while non-Jewish and while she’s Jewish. They do not need to wait 3 months if there’s no doubt about whether she’s pregnant, such as if she’s already pregnant,<ref>Rav Shlomo Amar in Shma Shlomo 5:9-12 following the Dagul Mirvava</ref> she’s too old to have children,<ref>Dagul Mirvava 13:5</ref> or just had her period.<ref>Igrot Moshe EH 2:5</ref> Regarding a pregnancy test see footnote.<Ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=21253&st=&pgnum=101 Shemesh Umagen 2:41:5] writes that a blood test to check if she's pregnant is not sufficient evidence to exempt from havchana because it isn't always accurate. [https://www.yutorah.org/lectures/lecture.cfm/878591/rabbi-hershel-schachter/highlights-of-hilchos-meuberes-meinekes-chaveiro-and-havchana-even-haezer-siman-13/ Rav Schachter] quotes his father that a pregnancy test is reliable to ensure that she's either pregnant or not pregnant not to require waiting 3 months.</ref> | |||
#A woman who was previously “married” to a Jew and converts must wait 3 months before getting remarried after the conversion.<ref>Shulchan Aruch E.H. 13:5</ref> However, they do not need to wait 3 months if it is clear that she’s pregnant or not pregnant, such as if she’s too old to have children.<ref>Rav Elyashiv (Kovetz Teshuvot 3:150) writes that a non-Jewish woman married to a Jew who converted does not need havchana if it is clear that she’s not pregnant such as if she’s too old to have children. He writes that this is included in the leniency of the Dagul Mirvava since regarding two Jews this case is impossible. The only case that is comparable to two Jews who were married and got divorced is two non-Jews who were married and now she converted and married another Jew. In that case, there is no leniency even if it is known that she’s pregnant or not pregnant. Yabia Omer EH 9:12:1-2 quotes Isa Bracha who was lenient about a even case of a woman who was married to a Jew and wants to convert since it is similar to a woman who became pregnant out of wedlock (Shulchan Aruch E.H. 13:6). However, he quotes that Rav Uziel and Melamed Lhoil who rejected that concept since she wants to be married to him and become pregnant from him. Nonetheless, he's lenient with a pregnancy test and doesn't explain further.</ref> | |||
#A woman who was previously married to a non-Jew and converts by herself must wait 3 months before getting married to a Jewish man after the conversion.<ref>Shulchan Aruch E.H. 13:5</ref> There’s no leniency even if it is clear that she’s not pregnant such as if she’s too old to have children.<ref>Chelkat Mechokek 13:4 isn’t sure about this. Dagul Mirvava isn’t lenient against Chelkat Mechokek. Igrot Moshe YD 3:110 and EH 2:5 follows Dagul Mirvava but isn’t more lenient than that.</ref> | |||
# A single woman who converts and wants to get married does not have to wait 3 months before getting married.<Ref>Shulchan Aruch E.H. 13:5, Bet Shmuel 13:7, Yabia Omer EH 9:17:1-2</ref> Some hold she has to wait,<ref>Radvaz cited by Pitchei Teshuva 13:5</ref> but to satisfy this opinion some hold a pregnancy test is sufficient.<ref>Dibrot Eliyahu 7:119 relies on a pregnancy test only for a convert which according to Shulchan Aruch doesn't need havchana. He doesn't rely on it for a married woman who converts since she needs havchana.</ref> | |||
==Milah for Baby Mistakenly Assumed to Be Jewish== | ==Milah for Baby Mistakenly Assumed to Be Jewish== | ||
| Line 105: | Line 110: | ||
==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== | ||
