On Ending the Conversion Crisis in Israel

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'":';' Record 5 of 29 .
Author
Title
.on ending the conversion crisis in Israel: a Halachic appeal
In
Mosaic (Cambridge, MA) 22 (1998) 20-32
Subject
.conversion, converts: Halakhah
Source (journal)
ULS Link
Record Number
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..sJq!!'l.
,M9saiC;:';'.Q.Review of Jewish Thought and Culture.
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http://alephl.1ibnet.ac.iIlF/NQHVB2DFQXLQ14P3YEEUV5ERTP7YQ2CGBSIS5NDFL... 9/28/2006
'J::-;:' convert,
...._. --, .and
.
On Endingthe Conversion
Crisis in Israel
A Halachic Appeal
MICHAEL RADER
For all of the impassioned debate it produces, the contemporary
crisis over conversion in Israel involves a surprising lack of discussion
about halachic sources. Perhaps this is so because both sides assume
the sources support the prevalent Orthodox view, that conversion
should be discouraged unless the convert agrees ex ante to observe all
613 Torah commandments and their rabbinic extensions. Hence, many
non-Orthodox leaders probably fear that raising halachic arguments
could only hurt them. Many Orthodox leaders probably believe that
the halacha is too clear-cut to warrant serious review. If both groups
were to reread the sources carefully, however, they might decide
otherwise. Then perhaps the current stalemate could be broken.
The central argument here is that the laws of conversion can be
applied in a substantially more lenient manner than most people
realize. Ofvital importance for contemporary purposes,]ewishsources
are particularly supportive of conversion in Israel. (The irony of the
modern situation, in which Israel has become the hardest place in the
world to convert to Judaism, should not be overlooked.) In fact, the
Ne'ernan Committee's recent proposal for resolving the conversion
crisis - to create a joint Israeli conversion institute in which both
Orthodox and non-Orthodox rabbis would participate - can be
understoed in light of traditional sources as more consonant with
halacha than the Israeli rabbinical leadership's traditional policy of
discouraging conversion altogether.
Background
According to the Talmud, conversion to Judaism requires the
presence of a rabbinical court, and the following four activities: (l)
familiarization of the convert with some although by no means all
20 •
SPRI
1998/5758
.
(4) immersion of the convert in a ntuai naui.: i uece
,:., guidelines were codified by Maimonides, and remain part of norma.:" live halachic practice today.' Of the four required activities, the
';: intention of the Talmud is fairly straightforward with regard to three
_ familiarization with mitzvot, circumcision and immersion. The
. meaning of .. acceptance," 'however, is quite uncertain: ..And they
, inform him of' some... mitzvot. .. and just as they inform him of the
punishments of the rnitzvot they [also 1inform him of the giving of
their rewards. And they don't heap it on him or bog him down with
details. IflJeaccepts- theydrcumcisehim immediately... "3Whatdoes
theconvert accept? The rnitzvot of which he was informed? All of the
mitzvot? Or is this simply a reaffirmation of his desire to join the
Jewish community?
The Talmud itself records opposite responses to this difficulty.
According to one opinion, a 'prospective convert who rejects a single
mitzvah, even a minor technicality, must not be received into the
community: "A non-Jew who comes to accept words of Torah [i.e.,
convert to ludalsrn] except for one thing, wedonotaccepthim.R. Yosi,
son of R. Yehuda says: Even one rabbinical detail. "4 This view came to
be known in halachic sources as the "except for one thing" rule.'
Yet the Talmud also records a series of stories in which the
great sage Hillel violated this strict construction of the rule, by
converting three unsuitable candidates (each of whom rejected. in
fact, far more than one mitzvah). In the most famous case, the
convert first asked Hillel's arch-rival. Shammai, to "teach me the
whole Torah while I stand on one foot." Shammai, inflamed by his
mockery of the Torah, "pushed him out [of the premises] with the
measuring stick that was in his hand." Whereupon. the convert
"came before Hillel, and he [Hillel] converted him. He [Hillel] said
to him: 'What you hate, do not to your friend. That is the whole
Torah. The rest is commentary. Go and learn!' "6 The Talmud goes on
to emphasize that Hillel was the wiser of the two sages, by ending
the story this way: .. Some time later the three [who were all converted by Hillel] met in one place and they said: 'Sharnrnai's strictness almost harassed us out of the world, [but] Hillel's humility
brought us under the wings of God's presence.'" 7
The Chatam Sofer, head of the great Pressburg Yeshiva in the
first half of the 19th century. ruled explicitly that the practice in such
MOSAIC"
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a case sr
:1 be modeled after that of Hillel, who accepted questionable cor"> -ts:
[Thisstory, in which!Shammaiwas verystrict, and Hillel was
a loverand a pursuer ofpeace,who brought peoplecloseto the
Torah - lit does not mean! that Shammaiwas stricter than the
law allowed, God forbid, but rather that Sharnmai sent away
those who the law seemingly required him to send away. It
was just that Hillel was humbler than the law required, and
brought close... those who the law seeminglyrequired him to
send away - and the halacha is accordingto Hillel.!
Sr,
i
Rabbi Yissachar Telchtel, the Rebbe of the Moonkatch chasidic
. sect, who perished in the Holocaust, called the Chatam Sofer's understanding of the story" a wonderful thing" and extended his ideas to
stress the importance ofaccepting and loving all lews, including those
who are secular:
Even the sinners of Israel are grasped in God's hand and
rooted in holiness, and therefore it is forbidden to be disrespectful to them, and all the more so to curse them. Quite the
opposite - it is a mitzvah to love them... Behold, our teacher
the ChatamSofer ruled explicitlythat the halacha isaccording
to Hillel, to bring close even those who the law seemingly
requires us to send away.!
Despite the Chatam Sofer's ruling, the conflicting Talmudic
sources still confused later rabbis when they faced the practical halachic
question of what kind of "acceptance" should be required of converts
to Judaism. The more conservative halachic authorities have usually
held that the "except for one thing" rule controls, at least ex ante.
Nevertheless, even they have admitted that the story of Hillel's conversions demands some leniency ex post facto (l.e., when it comes to light
some time later that the convert did not accept "all of the rnltzvot" at
the time of the conversion). 10For instance, Rabbi Moshe Feinstein, one
ofthe
authorities of the previous generation, upheld the
conversion of a woman who had refused to accept upon herself the
standards of" modest dress," on the theory that she could be treated as
one who converted without knowing all the laws of the Torah. II It
should be noted that his solution to the problem is nothing more than
a restatement of the Talmudic and historical paradigm for conversion.
The modern "conversion class" in which candidates learn how to be
22 • SPRING 1998/5758
ruuy observant before their conversions is a phenomenon L ..,. own
before the 20th century. In earlier times, the candidate knew
. little
of the law at the time of her conversion. Instead, she became a Jew and
subsequently "learned bydoing."
Other authorities have carved out leniencies regarding the "acceptance of mitzvot" that are not limited to ex post facto cases. Rabbi
Chaim Ozer Grodzinsky (known as the "Achlezer"], a 19th century
Torah sage from Vilna, developed perhaps the most important of
these leniencies in a responsum regarding the case of a non-Jewish
woman who had married a]ew civilly, and wanted to convert in order
to marry him once again in a kosher wedding. The problem facing the
Achlezer was that the woman in question clearly had no intention of
becoming fully observant after her conversion. In halacha, this situation is called a .. proven assumption." 12 Prior to the Achlezer it is
unlikely that any rabbi would have performed a conversion in the face
of such a ..proven assumption." The Achlezer, however, ruled that a
deficiency in the "acceptance of rnltzvot" prevents conversion only
when the convert "stipulates that he does not accept and that [he
believes} it will be permitted to him according to the law [after his
conversion)." By contrast, "regarding one who accepts upon himself
all of the mitzvot except that he has it in his mind to transgress
according to his appetite [i.e., not because he wants to transgress, but
because he does not think he will be able to stop himself from doing
sol- this is nota deficiency in the law of the acceptance ofmitzvot. "13
In other words, what matters is the intellectual acceptance that
one is to be bound by the mitzvot; a prediction of one's ability to fulfill
every minute obligation is notrequired. The Achiezer's opinionstruck
a chord with many because it corresponds well with common experience, given the large number of Orthodox Jews who struggle, and fail,
to meet some of their religious obligations. In short, his view provides
at least a partial answer to the tough question: Why should a convert
be held to a higher standard than an observant, albeit imperfect, Jew?
It must be noted that the Achiezer's ruling does have its limitations. He emphasized that the leniency does not apply "when it is clear
that he [the convert! will transgress afterwards a Torah prohibition
[such as] desecration of the Sabbath and the eating of non-kosher
food." 14 Nevertheless, there are many cases in which his rubric would
enable some to convert who otherwise might be barred. For instance,
a non-Jewish man could convert if he agreed to observe Shabbat and
MOSAIC •
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kashrut, despite the fact that he did not plan to wear a yarmulke, pray
three times a day, or study in a yeshiva.
Conversion in the Israeli Context
In addition to the Achiezer's responsum, which enjoys general
application, a number of key halachic principles and proof texts
militate for a substantially more lenient approach towards conversion
in Israel than in the Diaspora. For instance, according to the Talmud,
one who resides in the Land of Israel" and says 'I am a convert' - we
accept him immediately. And in the Diaspora, we do not accept him
unless his witnesses [to his conversion} are with him. "15 In light of the
modern controversy, this principle - that those conversions performed in Israel are to enjoy a special presumption oflegality - comes
as somewhat of a surprise. Maimonides codified the rule, obliging us
to consider in more depth the underlying policies and concerns which
ought to make Israel an easier place to convert."
In 1964, while he was Chief Rabbi of the Israel Defense Forces,
Rabbi Shlomo Goren wrote an article entitled "Conversion Through
the Prism of Halacha," in which he addressed precisely this issue."
Rabbi Goren began by pointing out that the jewish community's
historical reluctance to accept converts can be traced back to sages of
the Babylonian Talmud like Rabbi Chelbo, who coined the phrase
"converts are as burdensome to the jewish people as psorlasls.?"
Another passage elaborates on Rabbi Chelbo's opinion by suggesting
that converts .. delay the messiah." 19 A variety of explanations have
been offered for this negative outlook. Rashi, for instance, believed
that converts to judaism often retained some of the customs of their
prior religions (in defiance of the halacha). and that these practices
negatively influenced the rest of the jewish community." Interestingly, at least one commentator has expressed the opposite view.
suggesting that because converts are in fact generally morepious than
born Jews, their careful observance of the mitzvot might make God
more
to notice the sins of the rest of the community."
In any case, while Rabbi Chelbo's opinion is cited four times in
the Babylonian Talmud (without even the accompaniment of a dissenting opinion), it never appears in the Jerusalem Talmud - despite
the fact that Rabbi Chelbo was among the most important sages of that
particular compendium. Rabbi Goren noted that the Jerusalem Talmud contains not "a single negative opinion or damper on the accep24 •
SPR'-'"
1998 / 5758
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Talmud sees in the acceptance of converts a great spiritual accomplishment." He also found that "the words of Rabbi Chelbo are
nowhere mentioned in the Midrashim ... quite the opposite - the
Midrashim praise converts endlessly. "22
Rabbi Goren therefore concluded that the attitudes of the
Babylonian and Jerusalem compendia varied precisely because of the
geographic locations in which they were composed:
In the land of Israel it is necessary to encourage conversions,
because there opportunities exist to root converts in the people,
the religion and the faith - but in the dlaspora, their future is
held in doubt. .. This is why the sages of the Babylonian
Talmud were uncomfortable about the encouragement of
conversions, and [therefore] they chose the view of Rabbi
Chelbo... But the Jerusalem Talmud and [the sages] in the
Land of Israel chose the view of Hillel the Elder, who encouraged those who came to convert because he knew that they
would eventually strike roots in the people and act for the sake
of heaven, when they would see the illumination ln Iudatsm."
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He saw a further proof of this idea in the Talmudic dictum" Beloved
; is the Land of Israel, for she legitimates converts. "24
Two important points relevant to the discussion of" acceptance
of rnitzvot" emerge from Rabbi Goren's analysis. First, the likelihood
that a convert will "eventually strike roots in the people" is a valid
criterion to consider when assessing a convert's sincerity. This idea
comes in direct conflict with the "except for one thing" rule, which
clearly implies that commitment to total observance is a threshold
question in the conversion process. Second, Israel is a place in which
converts are uniquely well situated to integrate themselves into the
Jewish people. If there is room for leniency in matters of conversion,
Israel is therefore the place where that leniency is most obviously
justified. Perhaps it is worthwhile to note that today's Israel might be
even more likely to encourage the key elements Rabbi Goren mentioned, namely the "striking of roots" and "acts for the sake of
heaven," than the Israel of2,000 years ago. As to the former, Israel (not
Babylonia, or even New York) is the world center of the revitalization
of Jewish culture - through Hebrew language. theater. literature.
film. art, and innumerable other forums. The convert who lives in
Israel,even ifshe is not completely observant, is firmly entrenched in
MOSAI(
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many asps
IfJewish life. Perhaps more importantly, Israel is also
the one ple
1 the world where]ews are almost guaranteed to marry
other jews. And as to the latter, every jewish Israeli citizen serves in
the military, defending the State oflsrael and Jews everywhere. There
is no greater act "for the sake of heaven."25
The special role of Israel in conversion became particularly
important in the years following the Holocaust. Many intermarried
couples survived the Nazi regime in large part because of the heroic
efforts of the non-jewish partners. When the war ended, many of
these non-Jewish partners sought to convert, in partso that the couple
could move to Israel. They were generally turned away, on the
grounds that their intentions were likely insincere. In 1949, however,
the Israeli Chief Rabbi Yizchak HaLevi Herzog ruled that the very
desire to move to Israel ought to be considered positive evidence of
a convert's sincerity, so long as he seeks not only to improve his
economic or social status:
c
•
If the sttuatlon is such that they cannot remain in their homeland. behold it is clear that the intention is not for the sake of
heaven [for the idea is just to get out), but if it is possiblefor
them to stay where they are. but they simply desire to live in
Israel. this ison its facean intention forthesake ofheaven,that
they are uprooting their dwelling and leavlngtheir livelihood
to move to another land. and specifically to the Land of Israel
- behold it is evident that their intent is to becomepart of the
Jewish people, and its land... and there is no need to prevent
their acceptance,"
Rabbi Herzog's analysis raises important questions for various
contemporary immigrant groups. One might suggest that according
to his logic, middle-class Americans who will suffer a decreased
standard of living by moving to Israel should be allowed to convert,
while Russians, who have little choice in where they move, should not.
Howeveg, in a recent article entitled "The Conversion of the Immigrants From the Soviet Union," Rabbi Yigal Ariel points out that, at
least for those Russian conversion candidates already living in Israel,
the issue ought to be simply whether they have developed a sincere
desire to integrate themselves into the Jewish people:
.
The immigrants from the Soviet Union don't know much
about ludalsm, but there is no doubt that they desire to strike
26 •
SPRING
1998 / 5758
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halachic significance to their intention? Is there perhaps a
nationaldimension in the essence ofconversion?., Just as the
acceptance ofTorah includesentry into theJewish people,the
reverse is also true - entry into the jewish people is an
acceptance of Torah,27
.!
,
The Chemdat Shlorno, another 19th century Torah sage, supports Rabbi Ariel's view, and states it in perhaps even more unambiguous language: "The acceptance of mitzvot is a general act - that he has
accepted on himself to enter the Jewish faith ... [and] this is the essence
of conversion, that he left this people and his gods and caine to find
refuge under the wings ofGod's presence, and that he accepted upon
himself the Jewish faith to enter the community of God," 28 This formulation of the: "acceptance of mitzvot" makes sense, especially when
viewed in light of the historical reality that most converts understood
very little of what it meant to be a Jew prior to conversion. In fact,
according to some halachic authorities, it is forbidden to teach Torah to
a non-Jew, even one who is in the process of conversion. 29 Logically, it
seems that these authorities must agree with the Chemdat Shlomo that
a convert is required to articulate his "acceptance" in a general way
only - as a desire to enter the Jewish community, For how can one
meaningfully" accept" that of which he is wholly unaware?
Despite these arguments for leniency, Israeli rabbinical courts
have over time made the conversion process longer and harder, and
have construed the "acceptance of mitzvot" requirement even more
strictly, In particular, children raised in mixed families (in which the
father is Jewish but not the mother) often have a particularly difficult
time convincing the court that their motivations are pure, Rabbi Ariel
argues strenuously that such rabbinical suspicion undercuts the spirit
of the law entirely:
The children's desire to be Jews because of their father's
]ewishness is not a strange consideration. These children are
torn betweentwoworlds.When theyare amongnon-Jews. the
father's[ewishness pursuesthem,.. and [atthesametime] they
aredistancedfrom theJewslikeabsoluteGentiles, Theirchoice
of their father's world is an intention for the sake of heaven."
There exists ample evidence that the halacha surrounding conversion. and the "acceptance of mitzvot" could be applied to make
MOSAIC •
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conversloneaster for many candidates. especially in Israel. Far from
"protecting" the community, the stinginess of Israeli rabbinical courts
has contributed mightily to the current crisis, propelling it into the
secular courts, the media and the American Jewish community. (Ironically. had the Orthodox rabbinical courts not been so parsimonious,
there would have been far less demand for the services of Reform and
Conservative rabbis in this area.) Without doubt, the behavior of these
courts has negatively influenced the opinion of non-Orthodox and
secular Jews towards religious observance. Because of their stance,
which seems far more rigid than the halacha requires. these courts
have fallen prey to the sad consequence predicted by the Talmud itself:
"One who adds [improperly, in the end] detracts. "31
The individual efforts of candidates for conversion, and the
collective protests of the Conservative and Reform Movements in
Israel, appear only to have strengthened the determination of Israel's
Orthodox rabbinical courts to keep the gates of our faith shut as tightly
as possible. Now it is time for the Orthodox community to challenge
its own leaders to accept a compromise solution such as that offered
by the Ne'ernan Committee. The status quo policies threaten to
become, Heaven forbid, a real desecration of God' s name. When many
within the community (including its leaders) find themselves on such
a path. the rest of the community must resist. for it is written "you shall
not follow the multitude to do evil. "3. With persistent prodding. many
Orthodox leaders will find that the halacha allows leniency, and that
compromise is the best (perhaps the only) way to maintain the unity
of our people. Our current crisis can be converted into a constructive
opportunity - ifwe allow our halachic sources to breathe new lifeinto
this vitally
discussion."
Endnotes
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