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Interactions with Non-Religious Jews: Difference between revisions
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==Tinok Shenishba== | ==Tinok Shenishba== | ||
# The Rambam writes that the children and grandchildren of the Karaites were considered like ''tinokot shenishbau'' since he was brought up by a mistaken ideology. It is as though they were forced to accept heretical beliefs and even if they are exposed to Orthodox Jews they are still a tinok shenishba because they were brought up with those ideas.<ref>Rambam Mamrim 3:3</ref> Even though many rishonim disagree,<ref>Ramban b"m 71b, Nemukei Yosef cited by Bet Yosef 159, Shibolei Haleket 2:46, Tashbetz 1:139, Radvaz 2:797, Shach YD 159:6</ref> theoretically they agree for someone completely brought up with a secular upbringing but they consider that the Karaites were too exposed to Jews to say they were forced to believe their beliefs.<ref>Chazon Ish YD 1:6</ref> | # The Rambam writes that the children and grandchildren of the Karaites were considered like ''tinokot shenishbau'' since he was brought up by a mistaken ideology. It is as though they were forced to accept heretical beliefs and even if they are exposed to Orthodox Jews they are still a tinok shenishba because they were brought up with those ideas.<ref>Rambam Mamrim 3:3</ref> Even though many rishonim disagree,<ref>Ramban b"m 71b, Nemukei Yosef cited by Bet Yosef 159, Shibolei Haleket 2:46, Tashbetz 1:139, Radvaz 2:797, Shach YD 159:6</ref> theoretically they agree for someone completely brought up with a secular upbringing but they consider that the Karaites were too exposed to Jews to say they were forced to believe their beliefs.<ref>Chazon Ish YD 1:6</ref> | ||
# Most poskim applied the Rambam's approach to Karaites to secular and non-religious Jews today.<ref>The Laws of Outreach p. 87 and ch. 4 fnt. 10 based on Binyan Tzion Chadashot 2:23, Rav SR Hirsch (Collected Writings), Bet Yitzchak YD 2:23 kuntres acharon, EH 2:65, Melamed Lhoil 29, Achiezer 3:25, Maharsham 1:121, Zakan Aharon 1:55, Igrot Reyia 1:138, Shoel Vnishal 3:116, Chazon Ish 1:6, Rav Henkin in Teshuvot Ivra 8:2, Minchat Yitzchak 6:34, Rav Sheinberg (Tzorar v. 2 p. 59-60), Shevet Halevi 8:165:1, 2:172, Yabia Omer OC 7:15, YD 1:11:16, Chut Shani (Shabbat v. 2 p. 286), Teshuvot Vehanhagot 2:460, Minchat Asher 1:10:5</ref> However, not all poskim agree to this assertion, especially where a non-religious Jew was raised in a non-religious home but was in the presence of an Orthodox community.<ref>The Laws of Outreach p. 98 fnt. 10 writes that Rav Shlomo Zalman Auerbach's opinion on this matter changed over time originally assuming like the Melamed Lhoil and later holding that secular Israelis are like mumarim. Rav Moshe Feinstein distinguished between a Jew who was raised in a non-religious home and community without knowing about Orthodox Jews who is like a tinok shenishba and one who was raised in the presence of an Orthodox community. Rav Elyashiv's opinion is a | # Most poskim applied the Rambam's approach to Karaites to secular and non-religious Jews today.<ref>The Laws of Outreach p. 87 and ch. 4 fnt. 10 based on Binyan Tzion Chadashot 2:23, Rav SR Hirsch (Collected Writings), Bet Yitzchak YD 2:23 kuntres acharon, EH 2:65, Melamed Lhoil 29, Achiezer 3:25, Maharsham 1:121, Zakan Aharon 1:55, Igrot Reyia 1:138, Shoel Vnishal 3:116, Chazon Ish 1:6, Rav Henkin in Teshuvot Ivra 8:2, Minchat Yitzchak 6:34, Rav Sheinberg (Tzorar v. 2 p. 59-60), Shevet Halevi 8:165:1, 2:172, Yabia Omer OC 7:15, YD 1:11:16, Chut Shani (Shabbat v. 2 p. 286), Teshuvot Vehanhagot 2:460, Minchat Asher 1:10:5</ref> However, not all poskim agree to this assertion,<ref>Minchat Elazar 1:74 outright rejects the Binyan Tzion</ref> especially where a non-religious Jew was raised in a non-religious home but was in the presence of an Orthodox community.<ref>The Laws of Outreach p. 98 fnt. 10 writes that Rav Shlomo Zalman Auerbach's opinion on this matter changed over time originally assuming like the Melamed Lhoil and later holding that secular Israelis are like mumarim. Rav Moshe Feinstein distinguished between a Jew who was raised in a non-religious home and community without knowing about Orthodox Jews who is like a tinok shenishba and one who was raised in the presence of an Orthodox community. Rav Elyashiv's opinion remained unclear and he was strict for both sides.</ref> | ||
## Rav Elyashiv's opinion was that there is a doubt whether they are a tinok shenishba or not and we're strict for both possibilities.<ref>Rav Elyashiv: Laws of Outreach p. 102 quotes a dispute as to the opinion of Rav Elyashiv. From many sources he concludes that it was a doubt. Ashrei Harish v. 2 p. 14, 2:18:2, Birchat Avraham R"H 17a n. 15, Birur Hatahara ch. 9 fnt. 34, Bshivilei Haparsha p. 498, Hilchot Shabbat Bshabato v. 3 p. 460 quote Rav Elyashiv as holding modern non-religious Jews aren't tinok shenishba since they're aware of Orthodox Jews. Sh"t Divrei Chachamim p. 282, Kuntres Aliba Dhilchata v. 61 p. 34 quote Rav Elyashiv as holding that non-religious Jews who were raised in non-religious homes are tinokot shenishbau. Ashrei Harish YD 70:7 he adds the approach that they are a tinok shenishba as a factor. Laws of Outreach p. 103 fnt. 28 quotes Rav Moshe Elyashiv in the name of his father that it depends on several factors: how much interaction did this person have with Orthodox Jews and what is the halacha that this affects. Kovetz Ateret Shlomo v. p. 82 quotes Rav Elyashiv as holding that for all intents and purposes we need to be strict as though they aren't a tinok shenishba and as though they are a tinok shenishba. Aliba Dhilchata 67:23 and Peninei Tefilah p. 129 agree.</ref> | |||
##Rav Moshe Feinstein held that we can't apply tinok shenishba status to someone who lived near an Orthodox community and was aware of religious Jews. However, Jews who didn't know of religious Jews can be considered tinokot shenishbau.<Ref>Rav Moshe Feinstein: Igrot Moshe OC 5:28 implies that if they're aware of a Orthodox Jewish communities and its rabbis he isn't a tinok shenishba. This is strongly emphasized as well in Igrot Moshe EH 1:82:11 that Jews who were raise to be non-religious but lived in places were there were Orthodox Jews are mumarim and invalid for testimony (in order to invalidate a wedding). These ideas are echoed in many places such as: Igrot Moshe EH 2:20 and OC 1:33. Specifically he writes that someone who desecrates Shabbat publicly is a mumar even today. He disagrees with the Binyan Tzion since the non-religious Jews knows that a Jew can't violate Shabbat. However, Igrot Moshe OC 4:91:6 writes that conservative and reform Jews are tinokot shenishbau. Igrot Moshe OC 3:12 also implies that someone who is a kofer because of his upbringing is a tinok shenishba. Similarly, Jewish Observer June 1973, Rav Dovid Feinstein Vdibarta Bam 265:2 quote Rav Moshe as holding that non-religious Jews are tinokot shenishbau. Laws of Outreach p. 107 quotes Rav Reuven Feinstein, Rav Avraham Feinstein, and students of Rav Chanoch Lubavitch quote Rav Moshe as distinguishing between Jews who lived near an Orthodox community as being mumarim and Jews who lived "out of town" as being tinokot shenishbau.</ref> | |||
##Rav Ovadia Yosef held similarly that it depends on whether they were familiar with a Torah community. In practice that could mean non-religious Israelis are "in town" Americans are not considered tinokot shenishbau.<ref> Rav Ovadia Yosef (Yabia Omer OC 10:55) and Rav Binyamin Zilber (Az Nidbaru 9:55): It depends on whether they are familiar with Torah observant communities or not.</ref> | |||
## Rav Asher Weiss held that non-religious Israelis are tinokot shenishbau since they have developed a disdain for Orthodoxy because of the media.<Ref>Minchat Asher 1:10 applies tinok shenishbau to Israelis unlike what some quote from Rav Elyashiv since they have developed a disdain for Orthodoxy because of the media.</ref> | |||
## Rav Shlomo Zalman Auerbach held that non-regiligous Israelis are not considered tinokot shenishbau.<ref> Rav Shlomo Zalman Auerbach (Halichot Shlomo Pesach pp. 326-7 and Madenei Shlomo p. 27) generally held that Jews who were ever exposed to a religious Jews such as non-religious Israelis are mumarim. But in particular cases he allowed certain things such as counting them for a minyan (Rivevot Efraim 6:402).</ref> | |||
## It is impossible to make a general statement for everyone and it really depends on a case by case judgement of a bet din.<ref>Chazon Ish 1:6. The Laws of Outreach p. 108-110 elaborates that making a sweeping statement for all non-religious Jews isn't really possible. Additionally, there are many factors that are necessary to consider: did the person grow up in a place that he was exposed to Torah and today majority of Jews had no expose to Torah.</ref> | |||
#Concerning someone who strayed from Torah factors that are important to consider in order not to consider him a mumar are: was he abused physically or sexually by a parent or teacher and was he exposed to a critical amount of Torah learning he was exposed to.<ref>Laws of Outreach p. 109 based on Rav Dovid Cohen</ref> | |||
# A non-religious Jew who doesn't believe in Hashem even if he is a tinok shenishba can't get an aliyah.<ref>Igrot Moshe OC 3:12</ref> | |||
# A non-religious Jew even if is a tinok shenishba is culpable for not believing in the primary tenants of our faith.<ref>Rav Elchanan Wasserman (Kovetz Maamarim ch. 1), Rav Elchanan Biur Agadot 12:8 from Rav Chaim, and Rosh Emana ch. 12. This position could be based on Rambam Yesodei Hatorah 4:9, Teshuva 3:7, 3:14, and 8:2.</ref> Others contend with this assertion.<ref>See treatment of this topic by Rabbi Wiederblank [https://www.yutorah.org/lectures/lecture.cfm/788688/rabbi-netanel-wiederblank/can-a-person-be-faulted-for-not-believing-disbelief-resulting-from-faulty-reasoning/ 1] [https://www.yutorah.org/lectures/lecture.cfm/818085/rabbi-netanel-wiederblank/the-status-of-a-person-who-does-not-believe-in-the-13-principles-of-faith-part-1/ 2] and in his book Illuminating Jewish Thought v. 1 based on Radvaz 4:187, Sefer HaIkarim 1:2, and Mamari Rayah 55-57.</ref> | |||
# It is forbidden to hate any Jew today even if they are a mumar and not a tinok shenishba.<ref>Chazon Ish YD 2:28</ref> | |||
==Moridin== | ==Moridin== | ||
