(9) You stand this day, all of you, before the LORD your God—your tribal heads, your elders and your officials, all the men of Israel,
(י) טַפְּכֶ֣ם נְשֵׁיכֶ֔ם וְגֵ֣רְךָ֔ אֲשֶׁ֖ר בְּקֶ֣רֶב מַחֲנֶ֑יךָ
(10) your children, your wives, even the stranger within your camp—
(13) I make this covenant, with its sanctions, not with you alone, (14) but both with those who are standing here with us this day before the LORD our God and with those who are not with us here this day.
2- Paradigm Shift - Matrilineality: conventional view of rabbinic halachah
(2) Then Shecaniah son of Jehiel of the family of Elam spoke up and said to Ezra, “We have trespassed against our God by bringing into our homes foreign women from the peoples of the land; but there is still hope for Israel despite this. (3) Now then, let us make a covenant with our God to expel all these women and those who have been born to them, in accordance with the bidding of the Lord and of all who are concerned over the commandment of our God, and let the Teaching be obeyed.
3- Ideas for the future
Rabbi Jason Miller
Rabbi Jason Miller , in his blog, proposes to set a time limit on the status quo. "Until the year 2020, matrilineal descent is the only accepted form of passing Jewish status genetically. Jewish individuals who are raised Jewish in a home with a Jewish father and identify as Jewish are to be considered Jewish from a cultural perspective, but must undergo a formal conversion for recognition as Jewish from a Halachic understanding".
Furthermore, he suggests that after the year 2020, it will be understood that because of modern genetic testing (DNA tests) it will possible to ascertain patrilineality with complete certainty. Therefore, a Jewish individual with at least one Jewish parent will be considered Jewish from a Halachic perspective for all matters. While the Orthodox will not agree to this, it will not have the same negative implications as the fissure between the Reform and Conservative movements that has existed for the past three decades.
4- Not conversion but affirmation
Rabbi Uziel
Rabbi Benzion Meir Hai Uziel (1880-1953) was a profound scholar from a distinguished Sephardic rabbinical family, who served as Israel’s Sephardic Chief Rabbi from 1938 until his death in 1953. He was a prolific author, having published many volumes of rabbinic responsa (Mishpetei Uziel), as well as studies in Jewish law and literature, rabbinic homiletics, and issues relating to contemporary Jewish life. One of Rabbi Uziel’s areas of concern was the issue of conversion. He suggested that patrilineal conversion does not leat to a convert, but to a full Jew, who returned to the roots. The process should not be called conversion, but rather affirmation or confirmation.
He further suggested in one of his responsa that "A person may be accepted for conversion, even initially, even if he/she gives no indication that he/she will observe all the mitzvoth. “From all that has been stated and discussed, the ruling follows that it is permissible and a mitzvah to accept male and female converts even if it is known to us that they will not observe all the mitzvoth; because in the end, they will come to fulfill them. We are commanded to make this kind of opening for them. And if they do not fulfill the mitzvoth, they will bear their own iniquities and we are innocent.”
In addition, he admits without embarrassment that "my heart is filled with trembling for every Jewish soul that is assimilated among the non-Jews. I feel in myself a duty and mitzvah to open a door to repentance and to save [Jews] from assimilation by invoking arguments for leniency. This is the way of Torah, in my humble opinion, and this is what I saw and received from my parents and teachers.” ...
5- REFORM JUDAISM
The Status of Children of Mixed Marriages
Report of the Committee on Patrilineal Descent
adopted on March 15, 1983
The purpose of this document is to establish the Jewish status of the children of mixed marriages in the Reform Jewish community of North America.
... The resolution emphasizes that “…Both the Biblical and the Rabbinical traditions take for granted that ordinarily the paternal line is decisive in the tracing of descent within the Jewish people. The Biblical genealogies in Genesis and elsewhere in the Bible attest to this point. In intertribal marriage in ancient Israel, paternal descent was decisive. Numbers 1:2, etc., says: "By their families, by their fathers' houses" (lemishpechotam leveit avotam), which for the Rabbis means, "The line [literally: 'family'] of the father is recognized; the line of the mother is not" (Mishpachat av keruya mishpacha; mishpachat em einah keruya mishpacha; Bava Batra 109b, Yevamot 54b; cf. Yad, Nachalot 1.6). In the Rabbinic tradition, this tradition remains in force. The offspring of a male Kohen who marries a Levite or Israelite is considered a Kohen, and the child of an Israelite who marries a Kohenet is an Israelite. Thus: yichus, lineage, regards the male line as absolutely dominant. This ruling is stated succinctly in Mishna Kiddushin 3.12 that when kiddushin (marriage) is licit and no transgression (ein avera is involved, the line follows the father. Furthermore, the most important parental responsibility to teach Torah rested with the father (Kiddushin 29a; cf. Shulchan Aruch, Yoreh De-a 245.1).
...Jewish law recognizes a person as Jewish if his mother was Jewish, even though the father was not a Jew. One born of such mixed parentage may be admitted to membership in the synagogue and enter into a marital relationship with a Jew, provided he has not been reared in or formally admitted into some other faith. The child of a Jewish father and a non- Jewish mother, accoridng to traditional law, is a Gentile; such a person would have to be formally converted in order to marry a Jew or become a synagogue member. Reform Judaism, however, accepts such a child as Jewish without a formal conversion, if he attends a Jewish school and follows a course of studies leading to Confirmation. Such procedure is regarded as sufficient evidence that the parents and the child himself intend that he shall live as a Jew.
...There are tens of thousands of mixed marriages. In a vast majority of these cases the non-Jewish extended family is a functioning part of the child's world, and may be decisive in shaping the life of the child. It can no longer be assumed a priori, therefore, that the child of a Jewish mother will be Jewish any more than that the child of a non-Jewish mother will not be. This leads us to the conclusion that the same requirements must be applied to establish the status of a child of a mixed marriage, regardless of whether the mother or the father is Jewish.
Therefore:
The Central Conference of American Rabbis declares that the child of one Jewish parent is under the presumption of Jewish descent. This presumption of the Jewish status of the offspring of any mixed marriage is to be established through appropriate and timely public and formal acts of identification with the Jewish faith and people. The performance of these mitzvot serves to commit those who participate in them, both parent and child, to Jewish life.
Depending on circumstances,1 mitzvot leading toward a positive and exclusive Jewish identity will include entry into the covenant, acquisition of a Hebrew name, Torah study, Bar/Bat Mitzvah, and Kabbalat Torah (Confirmation)."
...
6- Reconstructionist Rabbinical Association (RRA)
Statement of Ishut - 2013
Rabbis are among the stewards of Jewish community and continuity. As such we are dedicated to keruv, to reaching out and drawing people nearer to Judaism and Jewish community. Our goals are to increase engagement, deepen the connections of those committed to Jewish tradition and practice, provide avenues for those who wish to join the covenant of the Jewish people and remove stumbling blocks to participation in Jewish life in order to help those who are alienated or disaffected from Judaism. We do this so that people can live meaningful Jewish lives and that Jewish tradition is passed down to the next generation.
... One way to understand the division between identity and status is that “identity” derives from the individual (yachid) and “status” derives from the collective (tzibur). In dealing with issues of status and identity, rabbis play multiple roles due to our multiple responsibilities. Rabbis have an obligation both to the individuals and to the circles of Jewish community which they serve: their individual communities, the Reconstructionist Movement and Klal Yisrael.
... Judaism has always included a biological component to the transmission of Jewish status. In the Torah, tribal membership and status were patrilineal, passed down the father’s line. In later rabbinic tradition, Jewish status became matrilineal; if one’s birth mother is Jewish then one is Jewish, and anyone whose birth mother is not Jewish would require conversion. Contemporary liberal Judaism has introduced the concept of ambilineality, which states that having either a Jewish father or a Jewish mother can convey Jewish status.
... A child who is conceived with at least one Jewish biological marker (womb, egg or sperm) and is raised with an exclusive Jewish identity by at least one Jewish parent has Jewish status.
7- Ketubot 11a-b:
Rabbi Adin Steinsaltz on Converting a minor
כ״ד בשבט ה׳תשע״ה (February 13, 2015)
Our Gemara focuses on the question of a convert, and specifically of a child who is brought before the beit din to convert. Rav Huna teaches that the Jewish courts will accept a child as a convert, although Rav Yosef adds that when such a convert reaches maturity, he or she will have the option of rejecting Judaism.
Under what circumstances will the court actually convert a minor?
The Gemara offers one straightforward case – when a father comes before the court to convert and brings his children to convert, as well. In such a case, we assume that children are inclined to accept their father’s choices for them. In other cases, we work with the assumption that becoming Jewish is ultimately a benefit for the individual, and beit din will convert the child based on the rule that something which is beneficial can be done on another person’s behalf, even without his/her knowledge.
Rashi suggests that the case under discussion is one in which the family has no father and the child’s mother is bringing him before the court for conversion. Other rishonim object to this reading of the Gemara, arguing that this is the same case as the one where a father brings his child to the beit din; there is really no reason to distinguish between a mother and a father in such cases. The Ritva suggests that the case is where the parents bring their child to convert even though they have no intention of converting themselves. Others understand the case to be where a child – one who has clearly reached the age of understanding even though he is still a minor – appears before the Jewish court on his own.
According to all of these opinions, it appears that Jewish courts will consider converting a child who is brought before them or comes on his own. Under no circumstances, however, will beit din initiate such proceedings on their own. There is an opinion brought by the Ran, however, that if the court acted on its own initiative, the conversion will be acceptable bedi’avad (ex post facto).
This essay is based upon the insights and chidushim of Rabbi Steinsaltz, as published in the English version of the Koren Talmud Bavli with Commentary by Rabbi Adin Steinsaltz, and edited and adapted by Rabbi Shalom Berger.
אף אנו נאמר איילונית דוכרנית דלא ילדה: מתני׳ הגיורת והשבויה והשפחה שנפדו ושנתגיירו ושנשתחררו פחותות מבנות שלש שנים ויום אחד כתובתן מאתים ויש להן טענת בתולין: גמ׳ אמר רב הונא גר קטן מטבילין אותו על דעת בית דין מאי קמ"ל דזכות הוא לו וזכין לאדם שלא בפניו תנינא זכין לאדם שלא בפניו ואין חבין לאדם שלא בפניו מהו דתימא עובד כוכבים בהפקירא ניחא ליה דהא קיימא לן דעבד ודאי בהפקירא ניחא ליה קמ"ל דהני מילי גדול דטעם טעם דאיסורא אבל קטן זכות הוא לו לימא מסייע ליה הגיורת והשבויה והשפחה שנפדו ושנתגיירו ושנשתחררו פחותות מבנות שלש שנים ויום אחד מאי לאו דאטבלינהו על דעת בית דין לא הכא במאי עסקינן בגר שנתגיירו בניו ובנותיו עמו דניחא להו במאי דעביד אבוהון אמר רב יוסף הגדילו יכולין למחות איתיביה אביי הגיורת והשבויה והשפחה שנפדו ושנתגיירו ושנשתחררו פחותות מבנות שלש שנים ויום אחד כתובתן מאתים ואי ס"ד הגדילו יכולין למחות יהבינן לה כתובה דאזלה ואכלה בגיותה לכי גדלה לכי גדלה נמי ממחייא ונפקא כיון שהגדילה שעה אחת ולא מיחתה שוב אינה יכולה למחות מתיב רבא אלו נערות שיש להן קנס הבא על הממזרת ועל הנתינה ועל הכותית ועל הגיורת ועל השבויה ועל השפחה שנפדו ושנתגיירו ושנשתחררו פחותות מבנות שלש שנים ויום אחד יש להן קנס ואי אמרת הגדילו יכולין למחות יהבינן לה קנס דאזלה ואכלה בגיותה לכי גדלה לכי גדלה נמי ממחייא ונפקא כיון שהגדילה שעה אחת ולא מיחתה שוב אינה יכולה למחות אביי לא אמר כרבא התם קנסא היינו טעמא שלא יהא חוטא נשכר רבא לא אמר כאביי כתובה היינו טעמא שלא תהא קלה בעיניו להוציאה: מתני׳ הגדול שבא על הקטנה וקטן שבא על הגדולה ומוכת עץ כתובתן מאתים דברי רבי מאיר וחכ"א מוכת עץ כתובתה מנה בתולה אלמנה גרושה וחלוצה מן הנישואין כתובתן מנה
8- By Sepharia
We also teach “aylonit”—a “duchranit” for she cannot give birth. 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 you might have 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. Joseph 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 easy for him to send her away. When an adult has had sexual intercourse with a young girl, or when a small boy has had intercourse with an adult woman, or a girl who was injured by a piece of wood — [in all these cases] their kethubah is two hundred [zuz], the words of Rabbi Meir. But the Sages say: a girl who was injured by a piece of wood — her kethubah is a maneh. 1. A virgin, who was a widow, a divorcee, or a halutzah from marriage— her kethubah is a maneh,
9- Gershom Scholem
"On the Possibility of Jewish Mysticism in Our Times."
Excerpts from an essay
The text below is from a speech delivered by Gershom Scholem in 1970, addressed to the annual convention of Reform rabbis, when the Israeli government was changing its rules about 'Who is a Jew' for the Right of Return.
... "It is not only a question of joining synagogues or communities. It is a question of general public reaction, and I can discover no sign that we prefer or that we insist upon the old rabbinical definition of Judaism. There has been a great change in psychological outlook, and this determines the situation in which we find ourselves today. Formerly, ninety-five percent or even more of people who intermarried or were the offspring of mixed marriages were not interested in retaining their Jewish identity, let alone insisting on it. During the last forty years there has been a complete reversal. Through the vicissitudes of history, through the tragic fate that befell our people, they decided and insisted on being counted. And when such people said, 'I want to be counted as a Jew,' everyone was glad to have them counted, and nobody said, 'You are not one of us.' To my mind, it is very important that we take cognizance of such historical and psychological facts."
... "There was a time when, for people of doubtful identity in the halakhic sense, Judaism was a burden and not a privilege. It was easy, and sometimes it is so even today, to throw off this burden. There are now many people who want to share the Jewish destiny and who wish to be counted. This is a phenomenon of which we are all aware, and we should not make light of it."
... "There are many definitions of a Jew which make sense...There are people who think that a Jew is anyone who considers himself a Jew. And there is the definition that a Jew is one who is born of a Jewish parent and considers himself a Jew by taking upon himself the burden and privilege of being a Jew. This is the definition to which I would adhere, and which is in my opinion the view taken by most Jews of European or American descent."
... "I think that the threat of dividing the Jewish people, of which we hear so much, is greatly exaggerated. It may even be the other way around: that the divisiveness may come from the other party. In nineteenth century Hungary there were two different kinds of officially recognized Judaism - Reform [or Neolog] Judaism and Orthodox Judaism. I advise everybody to read the sorrowful history of the Hungarian schism, which was brought about by the Orthodox, who said they did not consider the Reform Jews to be Jews."
... "Our acceptance of our own history as a realm within which our roots grow is permeated with the conviction that the Jews, following the shattering catastrophe of our times, are entitled to define themselves according to their own needs and impulses; and that Jewish identity is not a fixed and static and even dialectical thing, because in its spiritual, no less than in its social and political aspects, it involves a living and creative body of people who call themselves Jews." ...
10- Proceedings of the Committee on Jewish Law and Standards
On the Conversion of Adopted and Patrilineal Children
RABBI AVRAM ISRAEL REISNER
This paper was adopted on November 18, 1988 by a vote of eighteen in favor, zero opposed, and one abstaining (18-0-1).
Sheelah: What procedures must be followed in converting adopted and patrilineal children? May they be given the Hebrew name of the adoptive or patrilineal father?
Tshuvah: The need to convert a child comes before us primarily in instances of adoption and the children of Jewish fathers in mixed marriages.
...
On the Conversion of Minors
... Formally, conversion requires brit milh (for males), tvilah, and the acceptance of mitzvot. This is a problem for the conversion of minors. Obviously, the acceptance of mitzvot depends on the consent of the convert, 15 whereas, equally obviously, a minor is not considered capable of legally recognized informed consent. Some would therefore prefer to wait for a child's majority before performing any conversion. The normative ruling is clear, however, that conversion even of an infant is permissible under the assumption that becoming Jewish is beneficial for a child.
... On the Patrilineal Jewish Home
... One exception to this basic rule needs consideration, and that concerns the patrilineal Jewish home. Rav I:Iuna's dictum establishing the practice of the conversion of minors states simply that minors may be converted by a court.
... Thus the normative interpretation of I:Iuna's dictum is not that conversion is in the hands of the court, but rather that it is in the hands of the natural father.
... for a patrilineal home. There the father is present and it is specifically at his behest, certainly not that of the non-Jewish mother, that the court considers conversion. But it is precisely the problem of patrilineality that intercedes. Jewish law does not recognize paternity across the line of intermarriage. Thus this child has a natural mother and no father, under the law. The Jewish father has no claim to bring the child before the court, except as an adoptive or custodial parent whose authority stems from the implied consent of the natural parent, in this case the mother, or from the general authority of guardianship. But here the natural parent has not relinquished her prior right to authority over the child. It follows, then, that the court may not convert a child in a patrilineal home without the consent of the non-Jewish mother. This may prove to be a significant stricture. Beyond that, the decision whether meaningful conversion can be effected for a child in a home where there is an unconverted mother who consents to the conversion but remains an active participant in another faith, therefore whether conversion should be done in such a case before the child reaches majority and opts to act on his/her Jewish identity rests in the good judgment of the court.
c
11- Petah HaOhel
Rabbinical Assembly Task Force on Conversion
January 2011
by Rabbi Jonathan Lubliner
... In our day it is the rabbi who sits at the entrance to the tent of Jewish community.
{This brackets represent a personal comment, before continuing with the source. Although the report received the beautiful name of "Petah Ha Ohel - at the Entrannce of the Tent", the impression one has reading the report is that the rabbi seats at the entrance to obstruct rather than to assist the kids of patrilineal descent who might be approaching the tent to obtain full Jewish status. The feeling that remains from all the scrutinizing and embarrassing questions proposed in the report, is that unless the child becomes a strict observant, together with the parents and the whole family, conversion is not to be seriously considered.
This report is more strict than the previous one, approved in 1988 (see source #10 above), and could easily pass as a report from an orthodox task force.
At the end of the section on patrilineal descent, the text proposes exactly the opposite of what is being proposed with the other sources stating that, “in the final analysis, there are no compelling reasons to convert a non-Jewish child (that is at least half Jewish) except one: a genuine commitment of parents to raise children with a meaningful Jewish identity. I stick to Rabbi Uziel’s approach (source #4 above): rabbis should give the child the status, the identity will come later.}
The manner in which we reach out to those contemplating conversion, their significant others and their children will not only determine whether or not such individuals choose Judaism, but the quality of their spiritual lives should they opt to live tahat kanfei ha-shekhinah. As mediators between the teachings of tradition and the challenges of the present, ours is the sacred task of welcoming entry into the tent of Jewish life without tearing the fabric that defines its structure. Accordingly, it is incumbent upon us to create a conversion process in which on-going dialogue takes place between expectation and acceptance, as well as between empathy and integrity.
Conservative/Masorti Judaism warmly welcomes Jews-by-Choice into its midst, and seeks to promote conversion as one effective response to the challenge of interfaith marriage...
...
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PART FOUR: SPECIAL CASES & CIRCUMSTANCES
I.Conversion of Children in an Interfaith Marriage (Jewish father, non-Jewish mother*)
While the conversion ritual for a minor al da’at bet din is quite simple to perform and requires no formal period of conversion study, rabbis need to be sensitive to and aware of specific family dynamics that might confirm the wisdom of converting the child . . . or lead to the opposite conclusion. Under no circumstances should a rabbi agree to supervise the conversion of a child without discussing the matter with both parents first. In addition, agreement to perform a conversion requires the explicit consent of both parents – even if they are divorced.**
There are many legitimate reasons why the non-Jewish partner of an interfaith marriage chooses not to convert (e.g., respect for parents, integrity of personal beliefs, adherent of another religion etc.). Indeed, they are frequently the same reasons why many Jews in intermarriages opt not to embrace the religion of their spouses. In meeting mixed couples interested in converting their children to Judaism, it is impor- tant to discuss the totality of family life – including the non-Jewish partner’s attitude toward Judaism and conversion. On a more subtle level, the conversion of a child can and sometimes does presage the eventual conversion of the parent. Rabbis should be aware of this and take note of the information for future efforts at keruv as appropriate.
A commitment to dual faith parenting on the part of an interfaith couple necessarily precludes a child’s conversion. Nevertheless, the rabbi should communicate that refusal in a way that invites the couple to reconsider the dilemma of raising a child in two mutually exclusive faiths. The rabbi may wish to recommend, or even better yet, furnish some of the literature that sensitively, yet honestly, deals with the pitfalls of dual faith parenting. *** It may also be appropriate to encourage the parents to consult with clergy of the other faith; hearing the same conclusion articulated by a minister or priest may help a couple understand this is not a Jewish issue alone. Rather than decline involvement with no explanation or castigate the family’s decision, the rabbi should view this as an opportunity to educate parents, who may not have fully grasped the harm of raising children with a fragmented and conflicted sense of religious identity.
Assuming that dual faith parenting is not an issue per se, there are other considerations to explore with the family. They include:
- Why do we really want to convert our child? Parents who seek to convert a child must consider their motivations for doing so no less than an adult candidate for conversion. Are they motivated by their own values and commitments, or responding to the pressure and expectations – spoken or not – of parents and in-laws? Rabbis can serve as sounding boards to assist parents better grasp their own motivations.
- Who will bear the primary responsibility of supervising the child’s Jewish development? Raising a Jewish child requires parents to be partners in the process of religious education. It is the home, rather than the synagogue, which serves as the matrix of Jewish identity. Parents are role models; in ways both obvious and subtle, they are constantly called upon to share their own memories and experiences of growing up, observing holidays, attending synagogue, celebrating a Bar/Bat Mitzvah. To what extent will the Jewish father be available, ready and willing to take the lead in furnishing these experiences? Even if the father is prepared to take an active part in raising his child as a Jew, the mother who has agreed to bring her children tahat kanfei sh’ khinah ha-shekhinah has an important role to play as well. If she is, in essence, being called upon to engage in Jewish parenting, what will she do to acquire the requisite knowledge of Jewish values, rituals, celebrations and vocabulary? The rabbi should strongly encourage enrollment in “Basic Judaism” classes where locally available or supervise a pro- gram of guided reading for the non-Jewish mother. A willingness to acquire knowledge of Judaism and the development of Jewish parenting skills become even more crucial when circumstances (e.g., the father’s working hours) require the non-Jewish mother to play a primary role in supervising the day-to-day activities of the child, including religious education.
- Is the non-Jewish mother an active adherent of another faith? If so, has the couple considered the challenges of maintaining the religious integrity of the non-Jewish spouse while safeguarding the child from confusion where Jewish identity is concerned? How will the mother respond to questions such as, “Why don’t you want me to be what you are?” How will the non-Jewish parent handle issues of worship and the observance of her holidays within the context of home life? Is there a readiness to forego the presence of another religion’s symbols in the home (e.g., a Christmas tree) precisely because they engender religious confusion among youngsters? It is imperative for a couple in which the non- Jewish partner is an adherent of another faith to talk about these issues prior to the conversion of their child. If discussion of these matters has not yet taken place, the responsibility lies with the rabbi to initiate the conversation.
- What is the current level of religious involvement of the family? Are they affiliated with a syna- gogue? Do they observe Shabbat and holidays in some fashion, and use Judaic ritual objects at home? Are they committed to providing their children with a religious education? Above all, are they open to the expansion of their Jewish commitment, qualitatively and quantitatively? Beyond a discussion of current involvement the rabbi should assist the family in formulating concrete plans for synagogue affiliation and religious school enrollment as a pre-requisite to conversion.
- What role will the grandparents have in imbuing Jewish values or undermining them? The proximity of committed Jewish grandparents, particularly when involved in the regular care of their grandchildren, can play a role of enormous value. In weighing the pros and cons of conversion for a child, in addition to the other factors outlined above, rabbis would do well to consider the tangible benefits of Jewish grand-parenting when part of a child’s daily life. Conversely, if there are non-Jewish grandparents involved in the child’s life, one must also consider their religious commitments and the role they might play in either supporting the youngster’s Jewish identity or countering it.
In sum, before agreeing to supervise the conversion of a child the sponsoring rabbi should consider the totality of the family environment prior to arranging a bet din. At one extreme a rabbi might encounter a couple in which the Jewish parent will have little or no involvement, the non-Jewish spouse little interest, and the Jewish grandparents no tangible role. At the other end of the spectrum, one might be approached by an interfaith couple eager to maximize their child’s Jewish identity. Since the majority of situations fall somewhere in between, rabbis should explore the full range of lifestyle issues before agreeing to supervise a child’s conversion. In the final analysis, there are no compelling reasons to convert a non-Jewish child to Judaism except one: a genuine commitment of parents to raise children with a meaningful Jewish identity.
...
VIII. A Step-by-Step Guide to the Conversion of Minors
After the sponsoring rabbi has determined that the child’s conversion is advisable, the necessary ar- rangements are made as outlined below. ...
... Prior to the actual ceremony the bet din should spend some time in conversation with the parents and children (the latter only if age appropriate). What occasioned this step in their lives? How does it feel? What excites them about raising (or being) a Jewish child? What are their concerns about raising (or being) a Jewish child? It is best for this conversation to take place in a relaxed manner, rather than as a quiz. The conversation should conclude with both parents reading and signing three copies of the “Parental Affirmation of Commitment” certificate prior to (hattafat dam b’rit as applicable and) t’vilah.
* Because of its contextual relevance to issues of giyyur, the following pages presume a Jewish father and a non-Jewish mother. The issues herein raised, however, are equally germane to situations in which a child is Jewish according to halakhah, but is being raised within an interfaith family.
** Teshuvah by Rabbi Avram Israel Reisner, Proceedings of the Committee on Jewish Law and Standards, 1986-1990, pp. 161-162, 172.
***E.g., Rabbi Alan Silverstein, Dual Faith Parenting: Second Thoughts on a Popular Trend (New York: Federation of Jewish Men’s Clubs, 1993). Having a supply of these inexpensive booklets on hand is recommended.
(א) וְאֵ֙לֶּה֙ דִּבְרֵ֣י הַסֵּ֔פֶר אֲשֶׁ֥ר שָׁלַ֛ח יִרְמְיָ֥ה הַנָּבִ֖יא מִירוּשָׁלִָ֑ם אֶל־יֶ֜תֶר זִקְנֵ֣י הַגּוֹלָ֗ה וְאֶל־הַכֹּהֲנִ֤ים וְאֶל־הַנְּבִיאִים֙ וְאֶל־כָּל־הָעָ֔ם אֲשֶׁ֨ר הֶגְלָ֧ה נְבֽוּכַדְנֶאצַּ֛ר מִירוּשָׁלִַ֖ם בָּבֶֽלָה׃ (ב) אַחֲרֵ֣י צֵ֣את יְכָנְיָֽה־הַ֠מֶּלֶךְ וְהַגְּבִירָ֨ה וְהַסָּרִיסִ֜ים שָׂרֵ֨י יְהוּדָ֧ה וִירוּשָׁלִַ֛ם וְהֶחָרָ֥שׁ וְהַמַּסְגֵּ֖ר מִירוּשָׁלִָֽם׃ (ג) בְּיַד֙ אֶלְעָשָׂ֣ה בֶן־שָׁפָ֔ן וּגְמַרְיָ֖ה בֶּן־חִלְקִיָּ֑ה אֲשֶׁ֨ר שָׁלַ֜ח צִדְקִיָּ֣ה מֶֽלֶךְ־יְהוּדָ֗ה אֶל־נְבוּכַדְנֶאצַּ֛ר מֶ֥לֶךְ בָּבֶ֖ל בָּבֶ֥לָה לֵאמֹֽר׃ (ס) (ד) כֹּ֥ה אָמַ֛ר יְהוָ֥ה צְבָא֖וֹת אֱלֹהֵ֣י יִשְׂרָאֵ֑ל לְכָל־הַ֨גּוֹלָ֔ה אֲשֶׁר־הִגְלֵ֥יתִי מִירוּשָׁלִַ֖ם בָּבֶֽלָה׃ (ה) בְּנ֥וּ בָתִּ֖ים וְשֵׁ֑בוּ וְנִטְע֣וּ גַנּ֔וֹת וְאִכְל֖וּ אֶת־פִּרְיָֽן׃ (ו) קְח֣וּ נָשִׁ֗ים וְהוֹלִידוּ֮ בָּנִ֣ים וּבָנוֹת֒ וּקְח֨וּ לִבְנֵיכֶ֜ם נָשִׁ֗ים וְאֶת־בְּנֽוֹתֵיכֶם֙ תְּנ֣וּ לַֽאֲנָשִׁ֔ים וְתֵלַ֖דְנָה בָּנִ֣ים וּבָנ֑וֹת וּרְבוּ־שָׁ֖ם וְאַל־תִּמְעָֽטוּ׃ (ז) וְדִרְשׁ֞וּ אֶת־שְׁל֣וֹם הָעִ֗יר אֲשֶׁ֨ר הִגְלֵ֤יתִי אֶתְכֶם֙ שָׁ֔מָּה וְהִתְפַּֽלְל֥וּ בַעֲדָ֖הּ אֶל־יְהוָ֑ה כִּ֣י בִשְׁלוֹמָ֔הּ יִהְיֶ֥ה לָכֶ֖ם שָׁלֽוֹם׃ (פ) (ח) כִּי֩ כֹ֨ה אָמַ֜ר יְהוָ֤ה צְבָאוֹת֙ אֱלֹהֵ֣י יִשְׂרָאֵ֔ל אַל־יַשִּׁ֧יאוּ לָכֶ֛ם נְבִֽיאֵיכֶ֥ם אֲשֶׁר־בְּקִרְבְּכֶ֖ם וְקֹֽסְמֵיכֶ֑ם וְאַֽל־תִּשְׁמְעוּ֙ אֶל־חֲלֹמֹ֣תֵיכֶ֔ם אֲשֶׁ֥ר אַתֶּ֖ם מַחְלְמִֽים׃ (ט) כִּ֣י בְשֶׁ֔קֶר הֵ֛ם נִבְּאִ֥ים לָכֶ֖ם בִּשְׁמִ֑י לֹ֥א שְׁלַחְתִּ֖ים נְאֻם־יְהוָֽה׃ (ס)
12-
(1) This is the text of the letter which the prophet Jeremiah sent from Jerusalem to the priests, the prophets, the rest of the elders of the exile community, and to all the people whom Nebuchadnezzar had exiled from Jerusalem to Babylon— (2) after King Jeconiah, the queen mother, the eunuchs, the officials of Judah and Jerusalem, and the craftsmen and smiths had left Jerusalem. (3) [The letter was sent] through Elasah son of Shaphan and Gemariah son of Hilkiah, whom King Zedekiah of Judah had dispatched to Babylon, to King Nebuchadnezzar of Babylon. (4) Thus said the LORD of Hosts, the God of Israel, to the whole community which I exiled from Jerusalem to Babylon: (5) Build houses and live in them, plant gardens and eat their fruit. (6) Take wives and beget sons and daughters; and take wives for your sons, and give your daughters to husbands, that they may bear sons and daughters. Multiply there, do not decrease. (7) And seek the welfare of the city to which I have exiled you and pray to the LORD in its behalf; for in its prosperity you shall prosper. (8) For thus said the LORD of Hosts, the God of Israel: Let not the prophets and diviners in your midst deceive you, and pay no heed to the dreams they dream. (9) For they prophesy to you in My name falsely; I did not send them—declares the LORD.
13- Gerson D. Cohen
The Blessing of Assimilation in Jewish History
Gershon Cohen delivered a very interesting message at the Hebrew Teachers College, for the Commencement Address, in June of 1966. His speech is included in the book "Understanding Jewish Theology: Classical Issues and Modern Perspectives", edited by Jacob Neusner in 1973. His message comes along the lines of the letter from Jeremiah to the people in exile in Bavel under the Persian rule (included above).
14-
Source: Official Journal, October 18, 1940, p. 5323.
Us, Marshal of France, head of the French State, the heard Council of Ministers,
Let us issue:
Article 1 ". - a person is Jew, for the application of this law, if the person results from three grandparents of Jewish race or two grandparents of the same race, if its spouse himself is Jewish.
Art. 2. - The access and the exercise of the public office and mandates enumerated hereafter are prohibited with the Jews:
...
Art. 3. - The access and the exercise of all the public office others that those enumerated in article 2 are not opened to the Jews ...
Art. 4. - The access and the exercise of the liberal professions, the free professions, the functions reserved for the members of the legal profession and with all auxiliaries of justice are allowed to the Jews,...
...
in June 1941, a second, revised law of the statut des Juifs was issued, which added in the definition a person who is of the Jewish religion and has two Jewish grandparents.
This is exactly the category where so many kids from non-Jewish mothers and Jewish fathers, who follow Jewish traditions in the grandparents' home, would be classified.
15- Rabbi Ethan Tucker
www.mechonhadar.org
Outline: Berg Lecture on Jewish Identity #1
o A simple matrilineal principle is not representative of the richness of halakhic discourse
o A simple matrilineal principle is blind to contemporary realities and ignores important historical and sociological factors
o We must take mixed heritage more seriously and develop a concomitant halakhic approach