Matrilineal Descent and Conversion of Children

(12) Wherever there is [a valid] betrothal and no sin, the child follows the male [with regard to familial status]. Which is this? This is a Kohenet, a Levite woman, or an Israelite woman who married a Kohen, a Levite or an Israelite. Wherever there is [a valid] betrothal and there is a sin, the child follows the defective one. Which is this? This is a widow married to the Kohen Gadol [High Priest], a divorcee or a chalutzah [the widow of a childless man released from the obligation of levirate marriage by a ceremony performed by her brother-in-law] [married] to an ordinary Kohen, a mamzeret [the female offspring of certain prohibited relationships who may not marry into the general Jewish population] or a Netina [female Gibeonite] to an Israelite, a female Israelite to a mamzer or Netina. [With] any [woman] for whom there is no betrothal to him, but there is betrothal to others, the child is a mamzer. Which is this? This is one who has sexual intercourse with any one of the forbidden sexual relations [mentioned] in the Torah. Any [woman] for whom there is no betrothal either to him or to others, the child is like her. Which is this? This is the child of a [non-Jewish] maidservant or a non-Jewish woman.

1. There are three ways in which someone enters the covenant: by circumcision, by immersion, and by a Temple offering.

2. Circumcision as it was in Egypt, as it says, "Every uncircumcised person shall not eat of it (the Passover offering)." Moses our teacher circumcised them and everyone spurned the covenant in Egypt with the exception of the Tribe of Levi. On this it says, "Your covenant was withheld."

3. Immersion was in the desert before receiving the Torah, as is said, "Sanctify yourselves today and tomorrow; wash your clothes." The offering, as is said, "Send the young ones of Israel to bring elevation offerings" - and everyone in Israel brought them.

4. Throughout the generations, any non-Jew who wants to enter the covenant and come in under the 'wings of the Presence of God' accepts upon him or herself the yoke of Torah - he needs circumcision, immersion and a Temple offering. If female, she needs only immersion and an offering, as is said "As for you, so for the foreigner." That's to say, just as you (entered via) circumcision, immersion and an offering, so too the foreigner (shall enter via) circumcision, immersion and an offering.

5. What's a convert's offering? An elevation offering or two doves or two turtledoves (and the two are considered an offering). At this time in history where there are no offerings, one needs (merely) circumcision and immersion. Once the Temple is built, one will bring an offering.

6. A convert who was circumcised and has not immersed, or has immersed and not circumcised is not a convert until he is circumcised and immersed. And it is necessary to immerse before three (men). And since the matter requires a Beit Din (counsel) - no immersion is done on the Sabbath, nor Yom Tov (holiday) nor at night. And if he was immersed, he is a convert.

7. A minor convert - is immersed upon the knowledge of Beit Din (counsel), because it is in his interest. A pregnant woman who converts and immerses - her child does not need immersion. If he immersed in front of only himself, and converted to himself, or even in front of two, he is not a convert. If he comes and say "I converted in the Beit Din of so and so and they immersed me" - he is not trusted to come into the community until he brings witnesses.

MISHNAH. A female proselyte, a woman captive, and a woman slave, who have been redeemed, converted, or freed [when they were] less than three years and one day old — their kethubah is two hundred [zuz] there is upon them a claim of non-virginity. GEMARA. R. Huna said: A minor convert is immersed on the consent of the court. What might have you said? That it is an advantage to him and one may act for a person in his absence to his advantage? We have learned this already: One may act for a person in his absence to his advantage, but one may not act for a person in his absence to his disadvantage! What you might have said? A non-Jew prefers a life without restraint because it is established for us that a slave certainly prefers a life without restraint, therefore, he teaches us that this is said only in the case of an adult who has already tasted sin, but [in the case of] a minor, it is an advantage to him.

Should we say that [this Mishnah] supports him: A female proselyte, a woman captive, and a woman slave, who have been redeemed, converted, or freed [when they were] less than three years and one day old? Is it not that they immersed them on the consent of the court? No. What are we dealing with here? A proselyte whose sons and daughters were converted with him, that it is comfortable for them to do what their father does.

Rabbi Yosef said: When they become of age they can protest [against their conversion]. Abaye raised a difficulty: A female proselyte, a woman captive, and a woman slave, who have been redeemed, converted, or freed [when they were] less than three years and one day old — their kethubah is two hundred [zuz] there is upon them a claim of non-virginity. Now if you indeed think that when they have become of age they can protest [against their conversion], would we give her the ketubah that she may go and consume [it] in her Gentile state? When she has become of age. When she has become of age, she can protest and go out [of her marriage]! As soon as she was of age one hour and did not protest she cannot protest any more. Rava objected: These young girls receive the fine: If a man has intercourse with mamzeret, a netinah, a Samaritan, a convert, a captive or a slave, who have been redeemed, converted, or freed [when they were] less than three years and one day old–they have to be paid the fine. Now if you say [that] when they have become of age they can protest, would we give her the fine that she may go and consume it in her Gentile state? When she has become of age. When she has become of age she can protest and go out! As soon as she was of age one hour and did not protest she cannot protest any more. Abaye did not say as Rava [said] because there, with regard to the fine, the reason might be that the sinner should not have any benefit. Rava did not say as Abaye said because in the case of the ketubah the reason might be that it should not be easy for him to send her away.

Upon the Knowledge of Beit Din - If he does not have a father and his mother brought him to convert.
Dip - There is no conversion without circumcision and immersion:
The consent of a court - Three are required for dipping, like all immersion of a convert which need three, and they are like a father (...)

(7) A minor who is an idol worshipper, if he has a [living] father, the father can convert him [i.e. present him to be converted]. And if he does not have a father and he comes to convert, or if his mother brings him to convert, a beit din can convert him, because it’s a merit to him, and we can give a merit to [the child] outside of his presence [because he is a minor and has no legal capacity]. Whether he is a minor who is converted on behalf of his father, or whether he was converted by a beit din [in the absence of a father], when he is older he can protest his conversion - his legal treatment is not the way we would treat an adult convert - he is not like an apostate Jew, rather like an idol worshipper.

(8) And what is this talking about? [A converted minor] may not act in accordance with the practices of Israel until they become an adult; but as soon as one becomes an adult and acts in accordance with the practices of Israel, he can no longer protest [his conversion].

(2) When a person comes to convert, say to him, "What did you see that motivated you to come to convert? If you know that Israel, in this time, that the Jewish people are oppressed, eroded, (The words are from "Why is your strong one overthrown?" -Jer. 46:15) insane, and suffering. If he says, I know this and I will still become a part of your people, receive him immediately and tell him the principles of the faith, that God is one and idol worship is forbidden, and tell him a lot about this, and teach him a few of the lighter mitzvot and a few of the more stringent mitzvot, and teach him about some of the punishments of the mitzvot, as it says, "Before you came to learn this, if you ate the forbidden fat, you would not be punished with excommunication, you transgressed Shabbat and you were not punished with stoning; but now, if you eat forbidden food, you will be punished with excommunication; and if you transgress Shabbat you will be punished with stoning." Don't say too much about this, and don't get too specific either. And when you teach him about the punishment of the mitzvot, also teach him about the rewards of the mitzvot and teach him that in the doing of certain mitzvot that will merit life in the world to come. There isn't a complete righteous person, rather a master of wisdom, that does the mitzvot and understands them. And say to him: "You should know that the world to come is hidden from the righteous, who are Israel. As for what you see that Israel is in distress in this world, because it is not granted them to receive the abundance of good things in this world like other peoples, lest their hearts should be indulged loftily and they should go astray and squander the reward of the world to come. But God didn't bring to them too much destruction, so that they would not observe. Rather, all of the idolators stand. And you explicate this idea so that he feels the dearness of it. If he receives this, circumcise him immediately and wait until he is fully healed, and afterwards, immerse him without a barrier. (Some say that you cut or shave his hair and you cut his fingernails and his toenails before immersion.) And three learned scholars stand at his back and teach him some of the light mitzvot and some of the more stringent mitzvot a second time, and he stands in the water. And if it is a woman, women sit her in the water up to her neck and the beit din is outside and they teach her some of the easy mitzvot and some of the more stringent mitzvot and she sits in the water and afterwards, she immerses before them and they turn their faces and leave in order that they do not see her when she is getting out of the water, and they bless the immersion after she comes out of the water. And once he has immersed, it is as if he is a Jew, but if he goes astray, he is like an apostate Jew - he is still sanctified, and his marriage is sanctified.

(3) All matters of the convert from making known to them the mitzvot, receiving them, the circumcision and the immersion, it must be with three who are fitting to judge, and during the day. But after the fact if he only was circumcised or immersed at night or in front of [the convert’s] relatives [which is invalid], or even if one did not dunk with the intention of conversion, rather a man who dunked for a seminal emission, or a woman who dunked for menstruation, they are still converts and he is permitted to [marry] an Israelite woman. So this all applies to the immersion and the circumcision but it does not apply to receiving the mitzvot, which prevents [conversion] unless it was during the day and in front of three [witnesses]. However, the Rif and the Rambam [say that] even after the fact [one who] immersed or was circumcised before two [witnesses] or at night prevents [conversion], and [marrying] an Israelite woman is forbidden. But, if he is married to an Israelite woman and she has borne him a son, we do not invalidate him [the son].