Interactions with Non-Religious Jews

From Halachipedia

Tinok Shenishba

  1. 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.[1] Even though many rishonim disagree,[2] 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.[3]
  2. Most poskim applied the Rambam's approach to Karaites to secular and non-religious Jews today.[4] 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.[5]

Moridin

  1. The rule that someone who is an apikores, min, or kofer is someone that a person should be morid does not apply nowadays.[6]

Mourning

  1. We mourn over the loss of a Jew who wasn’t religious nowadays. [7]
  2. Many of those who aren’t religious today are considered a tinok she’nishba because they were raised with faulty beliefs.[8] Other poskim are hesitant to apply tinok shenishba to many irreligious Jews today.[9]

Interest

  1. One may not lend a non-religious Jew who is raised as a non-religious Jew with interest.[10] This applies to conservative and reform Jews today.[11]

Sources

  1. Rambam Mamrim 3:3
  2. 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
  3. Chazon Ish YD 1:6
  4. 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
  5. 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 matter of a dispute.
  6. Chazon Ish YD 2:16 writes that nowadays we do not allow another Jew to die even someone who is an apikores, min, or kofer. The law of moridin only applied at times when miracles were experienced and Hashem's presence was felt palpably by everyone. Therefore, a sinner needs to be removed since he would pose a spiritual danger to the entire community and consequently everyone would be endangered by punishments. However, when there is a major breach in faith among many Jews then punishing the sinners will not solidify the community's faith but rather it'll appear to people to be a cruel and destructive act. Ultimately we have an obligation to help them do teshuva. Rav Chaim Soloveitchik (Avodot Vehanhagot Lbet Brisk v. 2 p. 266 citd by The Laws of Outreach p. 75) agreed.
  7. Chazon Ovadia Aveilut v. 1 p. 538. His three reasons are the perhaps he did teshuva (Yad Yitzchak 3:149), perhaps avoiding mourning would lead to ayvah (Maharshag YD 1:25:6), and perhaps he was a tinok she’nishba (Emet LYakov 345:218).
  8. Rambam Mamrim 3:3, Darkei Moshe 159:3, Chazon Ish YD 2:28, Shivat Tzion Chadashot 23, Chazon Ovadia Aveilut v. 1 p. 538, Emet LYakov 345:218, Melamed Lhoil 29
  9. See Igrot Moshe 2:50-51, 3:12. See at much greater length: https://orot.ac.il/sites/default/files/9-10.pdf
  10. Shulchan Aruch and Rama 159:3 forbid lending with ribbit to someone who is a tinok shenishba. Gemara Shabbat 68b clarifies that a child who was captive among non-Jews (tinok shenishba) and didn't know about Shabbat is considered as though he sinned unintentionally. Rambam Mamrim 3:3 writes that the sons of the karaites who were brought up with the mistakes of their parents aren't considered minim but should be returned in teshuva. (Yet, see the manuscript editions which include another few words that alter the meaning of the Rambam.) Pirush Mishnayot Chullin 1:2 writes that someone who reject tenants of our faith are considered minim. However, someone who was born into a family and background with such thoughts aren't culpable and are similar to a tinok shenishba. Binyan Tzion Chadashot 23 posits that many of the non-religious Jews today are considered tinok shenishba since they're following the ways of their fathers.
    • Chazon Ish YD 1:6 writes that once we try to teach him about the Orthodox ways and he turns it down he is considered to be a mumar. The amount of effort necessary to spend in trying to teach him is subjective and is left up to the judgement of the rabbis of each generation. Additionally, once he is aware of the Orthodox Jews and practices even without trying to teach him he can be considered a mumar. However, that too depends on how aware he was of the Orthodox Jews and to what degree and with what intensity his parents taught his otherwise. This is the basis for the dispute whether Karaites are mumarim.
  11. Igrot Moshe 4:91:6, Chelkat Binyamin 159:22