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==Tevilah== | ==Tevilah== | ||
# Some say that shehechiyanu is recited after the tevilah and completion of conversion.<ref>Radvaz 1:434 holds that a shehechiyanu is recited at the completion of conversion (and not at the milah) since he is now joyous that he is now able to fulfill mitzvot.</ref> | # Some say that shehechiyanu is recited after the tevilah and completion of conversion.<ref>Radvaz 1:434 holds that a shehechiyanu is recited at the completion of conversion (and not at the milah) since he is now joyous that he is now able to fulfill mitzvot.</ref> | ||
# Even though brachot on mitzvot are usually recited before the mitzvah is performed, the convert recites the beracha of "al ha'tevilah" after immersing<ref>Pesachim 7b. There is an interesting discussion regarding when the Beit Din recites the bracha of al ha'tevilah when they convert a baby (Ketubot 11a). | # Even though brachot on mitzvot are usually recited before the mitzvah is performed, the convert recites the beracha of "al ha'tevilah" after immersing<ref>Pesachim 7b. There is an interesting discussion regarding when the Beit Din recites the bracha of "al ha'tevilah" when they convert a baby (Ketubot 11a). According to the Gemara Pesachim's reasoning, they should do so beforehand, as the only reason why a convert typically says it afterwards, is because he cannot recite a bracha while he is still non-Jewish. This is the view of Raavad in Baalai HaNefesh (at the end of Shaar HaTevilah). Rav Schachter (Eretz HaTzvi p. 32) argues that the Bet Din should recite a bracha after the Tevilah in this case, as the bracha goes on the chalot (onset) of the conversion. </ref>. | ||
===Tevilah of Women=== | ===Tevilah of Women=== | ||
#Many poskim hold that tevilah needs to be done in the presence of bet din. For a woman they can wear a loosely fitted robe that covers her whole body while entering the mikveh in the presence of bet din.<ref>Rambam and Shulchan Aruch hold that the tevila of both men and women need to be in front of bet din. Minchat Yitzchak 4:34:3 writes that it is possible that after the fact it is an effective conversion since according to Tosfot a bet din isn't necessary for tevila and also according to others it might be effective since the bet din knows that she went into the mikveh. Yabia Omer YD 1:19 says that they need to do the gerut again because it might not have been a valid gerut at all. He would allow her to wear a loosely fitted robe or a sheet above the water to make it more modest. | #Many poskim hold that tevilah needs to be done in the presence of bet din. For a woman they can wear a loosely fitted robe that covers her whole body while entering the mikveh in the presence of bet din.<ref>Rambam and Shulchan Aruch hold that the tevila of both men and women need to be in front of bet din. Minchat Yitzchak 4:34:3 writes that it is possible that after the fact it is an effective conversion since according to Tosfot a bet din isn't necessary for tevila and also according to others it might be effective since the bet din knows that she went into the mikveh. Yabia Omer YD 1:19 says that they need to do the gerut again because it might not have been a valid gerut at all. He would allow her to wear a loosely fitted robe or a sheet above the water to make it more modest. | ||
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# 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. Minchat Shlomo 1:35:3 disagrees and holds that it is lifnei iver to cause him to become Jewish and be punished for his sins. Igrot Moshe YD 1:157 writes that there is no reason to accept a convert who isn't going to practice mitzvot.</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. Minchat Shlomo 1:35:3 disagrees and holds that it is lifnei iver to cause him to become Jewish and be punished for his sins. Igrot Moshe YD 1:157 writes that there is no reason to accept a convert who isn't going to practice mitzvot.</ref> | ||
== | ==A Person Who Claims to be Jewish== | ||
# | #A person who was assumed to be a non-Jew, as he wasn't behaving like a Jew, who now claims that his mother was Jewish, is not trusted.<ref>Achiezer 3:27</ref> | ||
==Milah== | ==Milah== | ||
# | # If a convert previously had a medical circumcision or was born circumcised, then he needs hatafat dam brit, and no bracha is recited.<ref>Tosfot Yevamot 46b s.v. drabbi yosi quotes a dispute between the Bahag and Rabbenu Chananel whether a convert who already has a milah needs hatafat dam brit. Bahag holds that he does, while Rabbeinu Chananel thinks that he does not. The Tur 268:1 cites the Itur who says that a non-Jew born without a foreskin doesn't need a hatafat dam brit, while a convert who already had a medical circumcision needs a hatafat dam brit. Bet Yosef cites the Rif Shabbat 55b, Rosh Shabbat 19:5, and Rambam Shabbat 1:7 as holding like the Bahag. Shulchan Aruch Y.D. 268:1 paskens that hatafat dam brit should be performed, but no bracha should be recited. Shach 268:1 explains that there is no bracha because it is a dispute in the rishonim (based on the general rule of safek berachot l'hakel, that whenever a doubt arises regarding brachot, the bracha is omitted). </ref> | ||
# A non-Jew who | # A non-Jew who is unable to have a milah for medical reasons cannot convert.<ref>Tosfot Yevamot 46b s.v. drabbi yosi writes that if a male's reproductive organ was cut off, then he can still convert, as he becomes Jewish with tevilah alone, like women. Shulchan Aruch Y.D. 268:1 codifies this position. Although someone who can't have a milah for medical reasons seems to be similar to that case, the Achiezer 4:45 and 4:46 rejects that comparison and holds that he can't convert. This is also the opinion of Zecher Yitzchak 3, Derech Pikudecha (Mitzchak Aseh 2, Dibbur 30), Rav Kook (Daat Kohen 150), and Rav Tzvi Pesach Frank YD 220. | ||
Rav Kook distinguishes between from the case of Tosfot since the medical situation could be temporary, it could be possible if they want to put themselves in danger, or that we don’t have shiluchutayhu for an uncommon situation.</ref> | |||
===Milah by Non-Jew=== | ===Milah by Non-Jew=== | ||
# The milah of gerut certainly needs to be lishma and if done by a non-Jew is invalid and needs hatafat dam brit.<ref>Achiezer 3:27</ref> | # The milah of gerut certainly needs to be lishma, and if done by a non-Jew is invalid and needs hatafat dam brit.<ref>Achiezer 3:27</ref> | ||
===Milah with Anesthesia=== | ===Milah with Anesthesia=== | ||
#Doing local anesthesia is permitted for an adult milah. Some permit even general anesthesia.<ref>Teshuvot Vehanhagot 1:590 and 2:510 only allows local anthesia and writes that this is the minhag. Though they shouldn't do general anesthesia because it is like one is doing the mitzvah thoughtlessly (mitasek). He says that the milah is part of the process of gerut and must be done with intent to accept the torah at that time and being under anesthesia disables a person from accepting the torah then. Yabia Omer YD 5:22 disagrees and allows local or general anesthesia when discussing an adult's milah. Imrei Yosher 2:140 writes that the reason that one shouldn't use any anesthesia is because milah should involve pain and the minhag was never to use anesthesia even though it was available. | #Doing local anesthesia is permitted for an adult milah. Some permit even general anesthesia.<ref>Teshuvot Vehanhagot 1:590 and 2:510 only allows local anthesia and writes that this is the minhag. Though they shouldn't do general anesthesia because it is like one is doing the mitzvah thoughtlessly (mitasek). He says that the milah is part of the process of gerut and must be done with intent to accept the torah at that time and being under anesthesia disables a person from accepting the torah then. Yabia Omer YD 5:22 disagrees and allows local or general anesthesia when discussing an adult's milah. Imrei Yosher 2:140 writes that the reason that one shouldn't use any anesthesia is because milah should involve pain and the minhag was never to use anesthesia even though it was available. | ||
