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While Judaism does not proselytize, it does welcome converts who come on their own initiative<ref>Gm Yevamot 47a (and paskened in Shulchan Aruch Yoreh De'ah 268:2) states that when an individual comes to convert, we discourage him by mentioning the fact that the Jews are a downtrodden and oppressed nation. If the person acknowledges this and nonetheless expresses his desire to convert, then we accept him as a convert. | While Judaism does not proselytize<ref>Part of the reason for our hesitancy to accept converts is rooted in a statement of the Gemara Kiddushin 70b: "converts are bad like sapachat (a form of Tzara'at) for the Jewish people". Rashi explains that since they aren't </ref>, it does welcome converts who come on their own initiative<ref>Gm Yevamot 47a (and paskened in Shulchan Aruch Yoreh De'ah 268:2) states that when an individual comes to convert, we discourage him by mentioning the fact that the Jews are a downtrodden and oppressed nation. If the person acknowledges this and nonetheless expresses his desire to convert, then we accept him as a convert. | ||
There is also a discussion as to whether or not there's a Mitzvah to perform conversions. Gemara Yevamot 47b says that once a prospective convert dedicates himself to keep the Mitzvot, we do Milah right away, because "we don't delay a Mitzvah". The simple understanding of this Gemara is that there is a Mitzvah element to converting people. Furthermore, the fact that Gemara Shabbat 137b records that when performing a Milah on a convert, the text of the beracha includes "who has commanded us to give a Milah to converts", indicates that there is a Mitzvah to convert people. Tashbetz (Zohar HaRakia, assin 40) thinks that accepting converts is a Mitzvah, but is unsure under which Mitzvah it would be included. Interestingly, he also thinks that the fact that Beit Din converts a Katan al da'at Beit Din (Ketubot 11a), indicates that there's a Mitzvah to accept converts. | There is also a discussion as to whether or not there's a Mitzvah to perform conversions. Gemara Yevamot 47b says that once a prospective convert dedicates himself to keep the Mitzvot, we do Milah right away, because "we don't delay a Mitzvah". The simple understanding of this Gemara is that there is a Mitzvah element to converting people. Furthermore, the fact that Gemara Shabbat 137b records that when performing a Milah on a convert, the text of the beracha includes "who has commanded us to give a Milah to converts", indicates that there is a Mitzvah to convert people. Tashbetz (Zohar HaRakia, assin 40) thinks that accepting converts is a Mitzvah, but is unsure under which Mitzvah it would be included. Interestingly, he also thinks that the fact that Beit Din converts a Katan al da'at Beit Din (Ketubot 11a), indicates that there's a Mitzvah to accept converts. | ||
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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 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 | #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. Furthermore, 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 a 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> | ||
==Pregnant Woman Conversion== | ==Pregnant Woman Conversion== | ||
#If a pregnant woman converts she should notify the bet din that she is pregnant otherwise it could be that the conversion for the baby is ineffective.<ref>Dagul Mirvava 268:6 notes that the presence of bet din is necessary for the tevila of the baby (since the baby doesn't have kabbalat mitzvot). If the bet din wasn't aware of the fetus it is like the bet din isn't present. Aruch Hashulchan 268:11 is lenient since we hold like the opinion that the fetus is part of the mother and the conversion of the mother works for the baby. Igrot Moshe YD 1:158 says that it is proper to be strict for the dagul mirvava.</ref> | #If a pregnant woman converts, she should notify the bet din that she is pregnant, otherwise it could be that the conversion for the baby is ineffective.<ref>Dagul Mirvava 268:6 notes that the presence of bet din is necessary for the tevila of the baby (since the baby doesn't have kabbalat mitzvot). If the bet din wasn't aware of the fetus it is like the bet din isn't present. Aruch Hashulchan 268:11 is lenient since we hold like the opinion that the fetus is part of the mother and the conversion of the mother works for the baby. Igrot Moshe YD 1:158 says that it is proper to be strict for the dagul mirvava.</ref> | ||
#If the fetus was a boy and is born on Shabbat there is a discussion if the milah can be done on the subsequent Shabbat or should be delayed to Sunday.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=9137&pgnum=17 Rav Dovid Karliner (Piskei Halachot p. 7 fnt. 5)] writes that if a pregnant woman converted with her fetus and the fetus is a boy, it can have the milah on Shabbat. He argues with the Ramban that the milah is part of the gerut. Rav Chaim Ozer in Achiezer 4:44 agreed.</ref> | #If the fetus was a boy and is born on Shabbat, there is a discussion if the milah can be done on the subsequent Shabbat or should be delayed to the following Sunday.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=9137&pgnum=17 Rav Dovid Karliner (Piskei Halachot p. 7 fnt. 5)] writes that if a pregnant woman converted with her fetus and the fetus is a boy, it can have the milah on Shabbat. He argues with the Ramban that the milah is part of the gerut. Rav Chaim Ozer in Achiezer 4:44 agreed.</ref> | ||
==Acceptance of Mitzvot== | ==Acceptance of Mitzvot== | ||
#A prospective ger must accept all of the mitzvot and tenants of emunah<ref>Rambam Isurei Biyah 14:2, Maggid Mishna 14:1, Orchot Chaim (Hilchot Isurei Biya 9), Shulchan Aruch Y.D. 268:2, Levush 268:2. Lhorot Natan 14:59 holds that if they converted with a warped idea of emunah, such as believing that the Christian New Testament is true, the conversion is invalid. Piskei Din Yerushalayim (Dinei Mamonot v. 14 p. 422 n. 4) agrees that if someone believes in Christianity and Judaism his conversion is invalid. Gerut Kehilchata 2:15 writes that he needs to accept mitzvot with the understanding that we keep mitzvot because they were commanded by Hashem through Moshe.</ref> 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 | #A prospective ger must accept all of the mitzvot and tenants of emunah<ref>Rambam Isurei Biyah 14:2, Maggid Mishna 14:1, Orchot Chaim (Hilchot Isurei Biya 9), Shulchan Aruch Y.D. 268:2, Levush 268:2. Lhorot Natan 14:59 holds that if they converted with a warped idea of emunah, such as believing that the Christian New Testament is true, the conversion is invalid. Piskei Din Yerushalayim (Dinei Mamonot v. 14 p. 422 n. 4) agrees that if someone believes both in Christianity and Judaism, then his conversion is invalid. Gerut Kehilchata 2:15 writes that he needs to accept mitzvot with the understanding that we keep mitzvot because they were commanded by Hashem through Moshe.</ref> 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. There is a minority view held by Rav Ben Zion Uziel (Shut Piskei Uziel Siman 65), that the acceptance of mitzvot is not something that would bdiavad (after the fact) invalidate the conversion. This view is not accepted by the Poskim. </ref> If the convert accepted the mitzvot, but didn't do so 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 | #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 mitzvot means that a person accepts 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. However, if he says that he accepts all mitzvot, yet knows that because of a certain desire, he won't be able to keep one mitzvah, it is nonetheless a valid conversion. Minchat Asher (Shabbat 34:1) writes that if he doesn't intend 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 that if he doesn't intend to keep a mitzvah because of his desires, 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 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 (''dvarim 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. | #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 (''dvarim 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 mitzvot it is invalid.</ref> If it isn't clear if they accepted mitzvot, some say that it is a questionable conversion.<ref>Igrot Moshe YD 3:106 writes that although the convert said that they accept mitzvot but the circumstances make it clear that this statement is questionable, the validity of the conversion is questionable. Kger Kezrach ch. 32 discusses this opinion and supports it.</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 mitzvot it is invalid.</ref> If it isn't clear if they accepted mitzvot, some say that it is a questionable conversion.<ref>Igrot Moshe YD 3:106 writes that although the convert said that they accept mitzvot but the circumstances make it clear that this statement is questionable, the validity of the conversion is questionable. Kger Kezrach ch. 32 discusses this opinion and supports it.</ref> | ||
