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, 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 (''dvar 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 mitvzot it is invalid.</ref> | * 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 mitvzot it is invalid.</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 | ||
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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.</ref> | |||
==Claiming Oneself is Jewish== | ==Claiming Oneself is Jewish== | ||
