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Bach CM 5:6 writes that we should be strict about a din at night because of the Rashbam and Smag that a din at night is effective.</ref> | Bach CM 5:6 writes that we should be strict about a din at night because of the Rashbam and Smag that a din at night is effective.</ref> | ||
# | #The tevilah of a convert may not be performed on Shabbat nor on Yom Tov.<ref>Rambam Issurei Biah 13:6 and Shulchan Aruch 268:4. They give the reason that since conversion is compared to Din (as Yevamot 46b notes that the word "mishpat" is used in association with conversion), it cannot be performed on Shabbat nor on Yom Tov. (Mishnah Beitzah 36b notes that the Rabbis forbade having Din on Shabbat and Yom Tov, and the Gemara explains that we're concerned that a person will come to write things down). | ||
Taz 268:11 raises the issue that the Gemara Yevamot 46b gives a different reason for this Halacha, namely that we don't "fix a person on Shabbat". (This a Rabbinic form of "fixing a vessel", similar to the prohibition mentioned in Beitzah 36b that one cannot separate Terumot and Maasarot on Shabbat and Yom Tov, as one is fixing the remainder of the produce). He suggests that since the Gemara Beitzah 18a permits a person who is impure (tameh) to immerse on Shabbat and Yom Tov, because it appears like he's cooling off and isn't trying to fix his impure state, the same logic should allow a convert to immerse as well. Thus, the Rambam paskens like the sugya in Beitzah over Yevamot 46b. Kesef Mishneh on Rambam offers the same approach. | |||
Interestingly, Tosfot Yeshanim Yevamot 46b s.v. lefi'kach, suggests an answer to resolve the contradiction between Yevamot 46b and Beitzah 18a. He posits that the "fix" of a person going from impure to pure, is much less than the "fix" of a non-Jew becoming Jewish, and that's why the latter is forbidden. | |||
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==Tevilah== | ==Tevilah== | ||
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# 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>. | # 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 | #Many poskim hold that tevilah needs to be done in the presence of Bet Din.<ref>Regarding whether or not the lack of Bet Din bdiavad (after the fact) invalidates the conversion: the anonymous opinion in Shulchan Aruch 268:3 is that it doesn't (in accordance with the view of Tosfot Kiddushin 62b s.v. ger and Tosfos Yevamot 45b s.v. mi), and the yesh omrim cites Rambam who thinks that it would invalidate the conversion. </ref> For purposes of modesty, women 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. | ||
* Igrot Moshe YD 2:127 agrees that it is an unresolved machloket and needs to be redone. However, in Igrot Moshe 3:112 (11 years after previous one) he says that even if only one of the judges saw the woman go into the mikvah and others were there and heard it, it is valid. There he explains that even according to the Rambam and Rif it is valid since the judges know she went to the mikveh properly even though they didn't see it. It seems to be contradiction to his earlier teshuva. Teshuvot Vehanhagot 1:621 also says that it needs to be redone if the tevila was done without the bet din watching in the room.</ref> | * Igrot Moshe YD 2:127 agrees that it is an unresolved machloket and needs to be redone. However, in Igrot Moshe 3:112 (11 years after previous one) he says that even if only one of the judges saw the woman go into the mikvah and others were there and heard it, it is valid. There he explains that even according to the Rambam and Rif it is valid since the judges know she went to the mikveh properly even though they didn't see it. It seems to be contradiction to his earlier teshuva. Teshuvot Vehanhagot 1:621 also says that it needs to be redone if the tevila was done without the bet din watching in the room.</ref> | ||
