CARR 104-105 - Central Conference of American Rabbis

Apostate

QUESTION: An elderly man, both of whose parents were

Jewish and who had no Jewish education, married a non-Jew early in life and was baptized.

Later in his life he became a member of the Congregational Church, and eventually he was even

ordained as a minister of the United Church of Christ. He served in several pulpits. Eventually he

became disillusioned with Christianity and dropped his ministerial status. He is now actively

studying Judaism. Is anything required aside from haverut for readmission to Judaism?

What ceremony and what words should actually be used? (Rabbi N. Hirsch, Seattle,

WA).ANSWER: The question of someone returning to Judaism after leaving it goes

back to Talmudic times where there is a discussion of this matter (Bekh. 31a; A. Z. 7a). The

entire matter, however, became crucial in the Middle Ages. There we deal with two kinds of

apostates who have returned to Judaism. The first are those who are forced to convert

individually or as a community. This occurred from time to time in virtually all the countries of

Europe, especially in Spain which led to the problems of the Marranos. The second instance

included those who converted under little duress or who remained Marranos for a longer period

of time when it was quite possible to escape that status. In the first instances, it is

clear that such individuals were readmitted to the Jewish community (and we must remember

that this was a corporate community not merely a congregation) without any action on their part

except their desire to become formally part of the Jewish community once more. No ritual bath

or anything else was considered necessary. This was the law as finally stated in the Shulhan

Arukh (Moses Isserles to Shulhan Arukh Yoreh Deah 268.12; Abraham Gombiner,

Magen Avraham to Shulhan Aruch Orah Hayim 326), based upon a verse in

Jeremiah (3.22) – “Return you recalcitrant children.” This Biblical statement, as well as various

Talmudic statements similar to it, were cited by Elijah Gaon of Vilna in his discussion of the

above mentioned passages of the Shulhan Aruch. There was a general feeling

that one should embarrass such people as little as possible and make it easy for them to return

to the Jewish community. So Rabenu Gershom, who lived in the Rhineland in the eleventh

century, felt that one should simply admit such individuals and not in any way remind them of

their previous apostasy (Mahzor Vitry, pp. 96 ff). Solomon ben Simon Duran

(Responsa #89) also felt that no ritual bath or any other act was required. These thoughts

have also been followed by Joseph Caro in his Bet Josef (to Tur Yoreh Deah

268). However, in instances where the apostasy was not under duress, and where the

apostate may have caused considerable trouble to the community, then it was considered

advisory to demand a ritual bath (Moses Isserles to Shulhan Aruch Yoreh Deah 268.12).

This entire ceremony, as well as a promise to become an observant Jew, had to be made before

three witnesses (Joseph Ibn Habib to Alfasi Yeb., Chap. 4). Examples of this more

demanding point of view may be found in Zimmel’s Die Marranen in der rabbinischen

Literatur. In this instance we are dealing with an individual who has been a leader

in another religious group and, therefore, may be looked upon by some in the community in a

different fashion than an ordinary apostate. We should require more of him. Certainly a rather

specifically worded statement of haverut made before three witnesses would be in order.

The statement should be worded in a manner appropriate for this individual.March 1983