Status

See Retarded adult
See also Soviet Jews
See Adoption, status

CARR 71-72

CCAR RESPONSA

Contemporary American Reform Responsa

42. Jewish Status and Mistaken

Identity

QUESTION: A young woman has been raised to consider herself

as Jewish. Her mother assured her that her “real” father was Jewish and that she herself had

some Jewish lineage in her genealogy. She did not receive any kind of Jewish education, but

had Jewish friends and occasionally attended some Jewish ceremonies at home and in the

synagogue. Upon reaching maturity she discovered that there was, in fact, no Jewish ancestry at

all. What is her status? (Rabbi E. H. Hoffman, Brookline, MA)ANSWER: This young

woman will undoubtedly need some counseling in regard to her Jewish identity and probably also

in connection with her family life. After all, she grew up thinking that someone who was actually

her father was not her father. We should be sympathetic to her and guide her in every way

possible so that she may overcome whatever difficulties are present. As far as her

Jewish identity is concerned, we would follow the ruling of the Central Conference of American

Rabbis: “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 parents and child, to Jewish

life. “Depending on circumstances, 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).

For those beyond childhood claiming Jewish identity, other public acts or declarations may be

added or substituted after consultation with their rabbi.” This statement indicates that

identity is conferred through lineage and acts of identification. In this instance the young woman

in question has not fulfilled either one of these requirements, so we would encourage her to

become Jewish through conversion. It might make her feel better to realize that even if there had

been one Jewish parent and she lacked a formal Jewish education, the requirements would have

been the same. A young woman like this will need some special attention above and

beyond what we normally provide for those who join us, and that should certainly be

given.July 1985

If needed, please consult Abbreviations used in CCAR Responsa.

NARR 210-211

CCAR RESPONSA

New American Reform Responsa

133. Jewish Status and the Lost Tribes

QUESTION: A young man interested in Judaism has stated that he wishes to be considered Jewish through his descent from one of the ten lost tribes. His parents raised him in the Mormon tradition. (Mark Kaplan, Cincinnati OH)ANSWER: Let us look at the statement on patrilineal descent. “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 parents and child, to Jewish life. “Depending on circumstances, mitzvot leading toward a positive and exclusive Jewish identity will include entry in the covenant, acquisition of a Hebrew name, Torah study, Bar/Bat Mitzvah, and Kabbalat Torah (Confirmation). For those beyond childhood claiming Jewish identity, other public acts or declarations may be added or substituted after consultation with their rabbi.” This indicates that if one of the parents is Jewish and the child has been raised as a Jew or has made a commitment to Judaism as an adult, we would consider that individual as a Jew. There is some debate in the tradition about apostasy in a previous generation and how the descendants should be treated (H. J. Zimmels Die Marranen in der Rabbinischen Literatur pp 21 ff). Here, however, the individual involved was raised in a Mormon family and it is from that association with the lost ten tribes that this has been derived. Joseph Smith the founder of the Church of Latter Day Saints considered America colonized by two groups, both related to the Bible. The first came to this continent after the dispersion of the Tower of Babel, and the second after the destruction of Jerusalem in 587. These as well as other speculation about the American Indians as the ten lost tribes have led to various pieces on the subject (Israel Worsley A View of the American Indians, etc). We can, however, not recognize these individuals as Jews even if their claim were true. Rabbinic Judaism has developed far beyond the Biblical period. The young man, therefore, should be treated as any other convert.April 1989

If needed, please consult Abbreviations used in CCAR Responsa.

CARR 109-112

CCAR RESPONSA

Contemporary American Reform Responsa

68. Status of a “Completed Jew” in the Jewish

Community

QUESTION: There are a number of individuals in the

community who consider themselves as “completed Jews” or “Messianic Jews”; they accept

Jesus as their savior, but, nevertheless, still feel Jewish “in their hearts.” How should the

congregation view such individuals? (Rabbi A. S. Task, Greensboro, NC)ANSWER:

Individuals who feel a vague attachment to one or another religion pose no problem for those

religious groups which leave identification solely in the hands of the individual. Judaism,

however, does not do so. It is not the individual who defines whether she is Jewish but the group.

For us in the Jewish community anyone who claims that Jesus is their savior is no longer a Jew

and is an apostate. Through that belief she has placed herself outside the Jewish community.

Whether she cares to define herself as a Christian or as a “fulfilled Jew,” “Messianic Jew,” or any

other designation is irrelevant; to us she is clearly a Christian. It is true that this individual may

be somewhat different from other Christians as she continues to follow certain Jewish practices

and folkways, but we should remember that various Christian sects do likewise. For example, the

Seventh Day Adventists observe shabbat as their day of rest. There are some Black

Christian groups who also follow specifically Jewish observances, and there have been other

groups like this in the past centuries. We should, therefore, consider a “completed

Jew” as an apostate. What would her status be for us? Judaism has always considered those

who left us as sinners, but still remaining as Jews. They could always return to Judaism through

teshuvah, and the exact response of Judaism depended very much on the conditions of

the time. Hai Gaon (as quoted by Aderet Responsa, VII #292) felt that an apostate could

not be considered as a Jew. Centuries later the rabbis of the Mediterranean Basin had to face

the problems of the Marranos (anussim). Their attitude differed greatly and may be

summarized under five headings: (1) Apostates were Jews who had sinned but,

nevertheless, remained Jewish (Isaac ber Sheshet; Simon ben Zemah of Duran, but on some

occasions he did not grant this status; Solomon ben Solomon; Zemah ben

Solomon). (2) Those who considered the apostate as Jewish only in matters of

matrimony (and so their offsprings were Jewish), but not in any other area (Samuel de

Medina). (3) Marranos (anussim) were non-Jews in every respect including

matters of marriage; their children were not considered to be Jews (Judah Berab, Jacob Berab,

Moses ben Elias Kapsali, etc.). (4) An apostate was worse than a Gentile (ben

Veniste, Mercado ben Abraham). (5) Descendants of the Marranos who have been

baptized were like Jewish children who have been taken captive by non-Jews, and their children

are Jewish (Samuel ben Abraham Aboa). A full discussion of the problem may be

found in H. J. Zimmel’s Die Marranen in de Rabbinischen Literatur pp. 21 ff. One extreme

position was held by Solomon ben Simon Duran (Rashbash Responsa #89) who felt that

not only the apostate but also the children would continue to be considered Jewish forever into

the future as long as the maternal line was Jewish. He also felt that nothing needed to be done

by any generation of such apostates when they returned to Judaism. No ritual bath or any other

act was considered necessary or desirable. In fact, he emphasized that no attention be given to

their previous state, for that might discourage their return. Rabbenu Gershom similarly urged the

quiet acceptance of all who returned to Judaism (Mahzor Vitry pp. 96, 97). The

other extreme has been presented by Hai Gaon as cited in a slightly different fashion by Rashi

(in his commentary to Kid. 68b and Lev. 24.10). He felt that any returning apostate, or the

children of a Jewish mother who had apostasized, were potentially Jewish but must undergo a

process akin to conversion if they wished to become part of the Jewish community. That point of

view was rejected by most later scholars, as for example, Nahmanides (in his commentary to

Leviticus 24.10; Shulhan Arukh Yoreh Deah 268.10 f; Ezekiel Laudau, Noda

Biyehuda #150, etc.). We, therefore, have two opposing positions in rabbinic literature; both,

of course, represented reaction to particular historic conditions. Solomon ben Simon of Duran

wished to make it easy for a large number of Marranos to return to Judaism; unfortunately this

did not occur. Even when it was possible for Jews to leave Spain, the majority chose to remain.

Rashi’s harsh attitude probably reflected the small number of apostates who were a thorn in the

side of the French community. The later tradition chose a middle path and encouraged the

apostate’s return along with some studies, but without a formal conversion process. Even if an

apostate indicated no desire to return to Judaism, he would, nevertheless, be considered as part

of the Jewish people (San 44a). A summary of special laws which were applied to

apostates would include a number of matters mainly connected with family law. The marriage of

an apostate who left Judaism under duress, if performed according to Jewish law, was valid (Yeb

30b; Shulhan Arukh Even Haezer 44.9). The rules of divorce when apostates were

involved were modified; such individuals were not considered to be reliable witnesses except in

the case of an agunah. Penalties could be imposed on their inheritance (Kid. 18a)

although they did possess the right of inheritance (B. B. 108a, 11a). Normal mourning rites

should not be observed for such persons (M. San. 6.6; Shulhan Arukh Yoreh Deah

345.5). Clearly apostates stood outside the community in all but relatively few matters until their

repentance. Each of these cases cited above, of course, dealt with apostasy under

greater or lesser duress. Outside pressures played a major role in the lives of the individuals

involved. This is not the case with the “Completed Jew.” We would, therefore, be stricter with her

than with individuals who were forced into a position of becoming Christian. For us such modern

willing apostate is a non-Jew. In this matter we would disagree with the Talmud and later

tradition (Bech. 30b; see “An Apostate Proselyte,” American Reform Responsa, #71 for

further references). We can not, and should not, exclude such individuals from

attendance at services, classes or any other activity of the community, for we always hold the

hope that they will return to Judaism and disassociate themselves from Christianity. But they

should be seen as outsiders who have placed themselves outside the Jewish community. This

should be made very clear to them and to the Jewish and general community, especially as

many such individuals are active proselytizers . Such individuals should not be accorded

membership in the congregation or treated in any way which makes them appear as if they were

affiliated with the Jewish community, for that poses a clear danger to the Jewish community and

also to its relationships with the general community. We certainly do not want these

individuals to speak for Judaism in any public forum. In conclusion, we should make the

distinction between ourselves and these individuals very clear to them, to the Jewish community

and to the general community around us.September 1983

If needed, please consult Abbreviations used in CCAR Responsa.

CARR 70-71

CCAR RESPONSA

Contemporary American Reform Responsa

41. Status of a Child Genetically Not

Jewish

QUESTION A Jewish woman is married to a Gentile. She is

unable to conceive. However, doctors are planning to fertilize an egg from another woman, in vitro, with the husband’s sperm, and then implant the fertilized ovum in the wife. Since genetically neither the father nor the ovum donor is Jewish, although gestation will take place within the womb of a Jewish woman, would the child require conversion? (Rabbi B. Lefkowitz, Taunton, MA)

ANSWER: The issues raised by this question are not akin

to anything else which has been discussed in Jewish literature. The traditional material which has some bearing on the subject has been cited in an earlier responsum on surrogate mothers (W. Jacob, American Reform Responsa, #159). Somewhat akin to the question is the situation of adoption in which the child has been born to Gentile parents, or a child whose origins are not clearly known, and raised by a Jew from early infancy. In that case, we have decided that the child should be treated as any other Jewish infant with an option of tevilah (W. Jacob, An American Reform Responsa,”Adoption and Adopted Children,” #63).

Our

questions differ from adoption as the child has been part of the mother throughout the period of gestation. The intent of this procedure is to provide the parents.with a child which is as much theirs as possible. It, therefore, goes one step further than adoption and means that the child should never feel the anxieties of an adopted child. As the Jewish community has always placed a strong emphasis upon family and upon children as an essential part of the family, this technique, which raises other questions also, will enable a large number of families to have children and will certainly be utilized.

As this child has been part of the mother

throughout the period of gestation, we should consider this child born of a Jewish mother as potentially Jewish without any formal act of conversion. The child, of course, will need to participate in “positive acts of identification,” and just as in the case of any other child of mixed marriage, this would be in keeping with the resolution of the Central Conference of American Rabbis of March, 1983 (W. Jacob, American Reform Responsa, Appendix). This child is, therefore, considered as potentially Jewish and no act of conversion is necessary.

February

1984

If needed, please consult Abbreviations used in CCAR Responsa.

CARR 94-95

CCAR RESPONSA

Contemporary American Reform Responsa

58. Intermarried Russian Jewish

Family

QUESTION: A Russian Jewish man has been married twice. His

first wife was not Jewish and a daughter resulted from that union. The second wife is also not

Jewish. They have a son and a daughter. All five have immigrated to the United States. The

oldest daughter is twelve; the second is six and the third child is three years old. The husband

has joined a synagogue and has now inquired about the status of his

children.ANSWER: We would answer this inquiry in keeping with the Resolution of

the Central Conference of American Rabbis of March 1983: “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, 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). For those beyond childhood claiming

Jewish identity, other public acts or declarations may be added or substituted after consultation

with their rabbi.” These children would need to perform acts of Jewish identification to

be considered as Jews. In this instance, it would mean their enrollment in religious school and

subsequent Bar/Bat Mitzvah, as well as Confirmation. As the twelve-year-old girl can not

fulfill the normal requirements for Bat Mitzvah before her thirteenth birthday, we would

suggest that she undertake an intensive program, or better yet, delay her Bat Mitzvah

until such a time as she has fulfilled those requirements. If these children are raised

as Jews and receive a Jewish education, we will consider them as Jews.March 1984

If needed, please consult Abbreviations used in CCAR Responsa.

CARR 93-94

CCAR RESPONSA

Contemporary American Reform Responsa

57. Russian Immigrant Couple with Mixed

Background

QUESTION: A Jewish man from the Soviet Union married a

non-Jewish woman simply for the purpose of enabling her to emigrate from the Soviet Union.

They also brought a teen-aged child along, who is really not their child but needed to leave the

Soviet Union. During the period that this family has lived in the United States, they have

identified with the Jewish community, although neither wife nor daughter are Jewish. The young

lady has fallen in love with a Jewish man and wishes to marry him. What is her

status?ANSWER: It is not our concern that her entrance to this country may have

occurred under somewhat cloudy circumstances. She has maintained herself within this country,

has been of no trouble to the authorities or the community. And as the general status of

immigrants in this country is currently under debate, that matter need not be

discussed. It is clear that this young woman should be considered as a non-Jew who

wishes to join us. Although her adoptive parents are reluctant to say much about her background

or her parents in the Soviet Union for fear of the authorities, their influence on this young

woman, and the fact that they have led a Jewish life for several years during the period of

transition in their lives, has brought her to Judaism in an informal manner. It would be

appropriate now to formalize this through converting the young woman as we would convert

anyone else. Many of us have experiences with individuals who have been attracted

to Judaism through Jewish friends, customs, practices and ideas. Some of them have moved in

Jewish circles for a long time, yet we would not consider them Jewish without some more formal

instruction and an official acceptance into the Jewish community. The same path should be

followed by this young woman. This would resolve all questions about her identity on her part or

that of her family.September 1983

If needed, please consult Abbreviations used in CCAR Responsa.

NARR 212-213

CCAR RESPONSA

New American Reform Responsa

134. Pretending to Be Jewish

QUESTION: A Russian Jewish family arrived in this country a decade ago. They lived a Jewish life, the family belongs to a synagogue and the two children continue to be educated in the Religious School. Now the woman, in order to clear her conscience, has stated that she was not born of Jewish parents, never informed her husband of this fact and pretended to be Jewish in order to preserve family harmony in Russia and to simplify immigration. She has considered herself Jewish for more than a decade and a half. What does she need to do to change her status? (Paul Simon, Boston MA)ANSWER: We should treat this woman with considerable understanding when she pretended to be Jewish for the sake of family harmony in the Soviet Union. This was not an easy choice. She has since, along with her husband, lived a Jewish life and obviously intended to become part of the Jewish community. We should now accept her with only a minimal amount of additional study and proceed with the usual conversion ceremony. As the couple was married in the Soviet Union and therefore did not have a Jewish wedding ceremony, they wish to have the wedding ceremony or something akin to it now, but this is certainly not absolutely essential. There is no question about the status of the children as their father was definitely Jewish at the time of their birth and they are receiving a Jewish education. This is in keeping with the resolution of the Central Conference of American Rabbis. “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 parents and child, to Jewish life. “Depending on circumstances, 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). For those beyond childhood claiming Jewish identity, other public acts or declarations may be added or substituted after consultation with their rabbi.” We should wish this family well and will gladly accept the woman formally into the Jewish community.February 1991

If needed, please consult Abbreviations used in CCAR Responsa.