Jews, by Choice Conversion and the Formation of Jewish Identity by Jeffrey Spitzer

Jews, by Choice Conversion and the formation of Jewish identity by Jeffrey Spitzer

A curriculum for the Hartman Tichon Fellows

Curriculumguide130416v7.56

Jews By Choice curriculumguide151020v7.57, Jeffrey A. Spitzer Jews, by Choice: A Teacher's Guide

Table of Contents

A Rationale for Jews, by Choice: Conversion and the formation of Jewish identity ...... 1 Student learning goals ...... 3 Syllabus ...... 10 1. Course Introduction ...... 14 2. On the Boundaries of Israel: the Biblical ger...... 27 3. The Origins of Conversion: Proselytes in the Hellenistic period ...... 42 4. “For the Sake of Heaven”: the convert’s motives in Talmudic literature ...... 63 5. The Rabbinic Conversion Ceremony ...... 82 6. The Rituals of Conversion: Circumcision and Immersion (optional) ...... 112 7. Conversion, Rebirth, and Kinship ...... 137 8. Conversion and Covenant ...... 166 9. Midrash and Ambivalence about Conversion ...... 188

Acknowledgements I would like to thank the Hartman Institute for their support in producing this curriculum. Special thanks to Donniel Hartman, Tzvi Zohar, David Ellenson, and Shaye Cohen whose scholarship and gracious gifts of time motivated and informed my own research. Noam Zion and Alick Isaacs offered valuable comments along the way, as did my colleagues among the TICHON fellows. My dear friends Daniel and Dafna Pedersen and their children repeatedly and graciously extended their hospitality during my study in Jerusalem. My head of school, Marc Baker, and the associate head, Susie Tanchel, have always been enthusiastic supporters of this curriculum. The members of the Rabbinic literature department at Gann Academy have each given me feedback on different aspects of this curriculum and its pedagogy. Tina Kasimer and Arlene Seidman helped me recognize that my learning about conversion had a practical outlet in my home community of Sharon, MA. My wife and teacher, Rabbi Miriam Spitzer, as an educator of Jews-by-choice, has been for me and for her students a model for what it means to draw near while maintaining the integrity of Jewish tradition. My wife and my children, Rafi, Gabriella, Leora, and Arielle, each supported me in this project even though it meant I was in Israel without them for several summers. I am so deeply grateful to them for their love and encouragement. Finally, I thank my students at Gann Academy and the American Hebrew Academy who studied this topic with me since 2007. .I have learned most from the interactions with my students מתלמידי, יותר מכולם I have learned from each of my teachers, but of course, any errors remain my own responsibility.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Goals and Rationales Jews, by Choice page 1 A Rationale for Jews, by Choice: Conversion and the formation of Jewish identity “Mashal: A young boy was moving to a new school. The principal sat with him and explained the rules of the school to him for three hours. When he agreed to follow all the rules, the principal sent him to his classroom. On the way to class, he met a little girl who said to him, ‘If you will steal some candy from the cafeteria for me, I will be your friend.’ So the boy stole the candy.” --Ben, Gann Academy ‘08

In this startling mashal, Ben ironically reflects on the gap between traditional rabbinic expectations concerning the convert’s commitment to Jewish law and his own experience that many Jews are not so concerned about Jewish observance. At another level, Ben was also describing his own ambivalence about traditional observance. And at yet another level, Ben was demonstrating his deep involvement with the ongoing conversation of Torah she’b’al Peh by expressing himself through the medium of the rabbinic mashal. Although born Jewish, Ben, like most modern Jews, is a Jew by choice. This course provides students like Ben an opportunity to articulate their own Jewish identities through the study of how Jews have understood conversion throughout Jewish history.

In many ways, all modern Jews are Jews by choice. Jews choose how and when--or if--to affiliate with a Jewish community. Jews choose what kinds of Jewish behaviors they want to engage in and which they do not, and what meanings they attribute to those behaviors. The convert also chooses his/her Judaism, but once part of the Jewish people, the conversion is irrevocable. The primary goal of this course is to make the Jew-by- choice a viable, personal metaphor for students in Jewish community high schools who are in the process of shaping and choosing their Jewish identities. Whatever the outcome of that process, it is our hope that they will find their connection similarly irrevocable.

Jews, by Choice, will allow students in community Jewish high schools to explore the components of their own Jewish identities in conversation with classical texts about conversion. Jewish values are forged through the productive tension of different Jewish concerns, and the topic of conversion allows the student to explore those tensions. This course, however, is not simply a course in modern Jewish dilemmas concerning the status of converts; it is, instead, a structured, historical inquiry into the different ways Jews have described their interaction with the people at the borders of Jewish society and how different conceptions of conversion to Judaism reflect different models of Jewish identity. Metaphorically, conversion raises a wide range of issues relevant to Jewish identity, such as what does Jewish peoplehood mean, how does one relate to mitzvot and to the State of Israel, and how have Jews tried to balance conflicting Jewish values. In real terms, conversion also forces students to confront the fact that “the Jewish community” does not share a common definition of or criteria for Jewishness.

The lack of a shared conception of what it means to be Jewish is a source of deepening and broadening rifts in the Jewish people. The students of our community high schools

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Goals and Rationales Jews, by Choice page 2 are trained to engage Jewish difference pluralistically, and as such, will be the natural leaders of the Jewish community in trying to heal those rifts. Jews, by Choice will empower these students to confront these issues in creative ways that are mindful of the Jewish past, present, and future. Although this discussion can potentially be uncomfortable, it can also provide an invaluable opportunity for students to address the values they hold and the commitments they are willing to make. This curriculum provides that opportunity.

Jews, by Choice traces classical sources in historical sequence. Claims about history are used by contemporary writers both to justify and to suppress changes in Jewish policy, that is, conversion can be said to have a usable history. Consequently, it is worthwhile for students to understand both the history of conversion as well as the ways in which history has been used to influence communal policy. The breadth of historical approaches can both expand the student’s imagination and provide perspective on the challenges facing the Jewish world.

Torah she’b’al Peh, or “Conversational Torah”, is an ongoing process that shows both fidelity to tradition and a startling ability to transform tradition through reinterpretation. As such, Torah she’b’al Peh manifests the same commitment to the Jewish past, present, and future which is the hallmark of a strong Jewish identity. Over the course of study, students explore a broad range of rabbinic texts: Talmud, Midrash Halakhah, Midrash Aggadah, codes and responsa. Students engage these texts both as sources for historical data and as voices in an ongoing conversation of Torah in which they learn to participate.

The course sets a high standard for text study with the intent to expose students to the differences between the various kinds of Biblical and Rabbinic literatures, and, in the case of the Talmud, the various genres of Talmudic literature. The multiple voices that emerge across time (or even within a particular period and sometimes from the works of a single author) expose the student to the richness and complexity of Torah she’b’al Peh. The way later rabbis read earlier sources, for example, in evaluating what is a legitimate motivation for converting, demonstrates for students the extent of rabbinic creativity and the limits of rabbinic discretion. By emulating the rabbinic forms of midrash and resaponsa, students participate in the ongoing process of Conversational Torah. These activities can contribute to Jewish identity formation and will train the students to think traditionally and creatively about the challenges facing the Jewish people.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Goals and Rationales Jews, by Choice page 3 Student learning goals The learning goals of Jews, by Choice illustrate the ways in which this course weaves together three different disciplines: Rabbinics, history, and values testing.

Study of Rabbinic literatures as “Conversational Torah” Jews, by Choice, as a course in rabbinic literature, teaches students to see how those various genres differ not just in their formal characteristics but in the role they play within Jewish culture. For example, contrasting Maimonides’ code and his responsa or Yosef Karo's Shulhan Arukh and Bet Yosef, allows a student to relate the differing approaches in those texts to their various intended audiences. Ultimately, the students develop a subtle and nuanced conception of how the multivocality of the rabbinic tradition serves, on the one hand, as a vibrant, common language among rabbis of different communities, and on the other hand, as a tool used to erect boundaries between communities of Jews.

Study of the history of an idea Jews, by Choice, traces the development of a particular idea. As a course in intellectual history, it will sharpen the student’s vague conception of the course of Jewish history by exploring the literatures (including Biblical texts, Josephus, rabbinic literatures, responsa, contemporary journalism, opinion pieces, and memoirs) as they unfold historically. Students learn to distinguish between the layers of Talmudic discourse as repositories of data which can be (fairly) reliably assigned to three rough periods: Tannaitic, Amoraic, and Stammaitic. Students develop an ability to identify the differences between the various strata of the text. They then confront the possibility that these differences may reflect an internal process of disambiguation and interpretation of the sources of rabbinic law, but that they may also reflect changing conceptions of Jewish identity as well as changing social relations with non-Jews. For example, widespread intermarriage has spurred suggestions to reinstitute the category of “ger-toshav” for the non-Jew who is related to a Jew. Similarly, the perception that Israelis from the former Soviet Union should become Jewish has led to well-funded efforts to actively convert them. These developments could transform the Jewish people, and Jews, by Choice allows students to understand these new models of Jewish peoplehood into historical context.

Jewish values testing In Jews, by Choice, students make statements about what has shaped their Jewish identities, and then re-evaluate those initial statements in light of interactions with peers, with classical texts, and with contemporary conflicts over Jewish identity. Students explore what they consider essential Jewish knowledge by drafting curricula for a conversion program. They confront the truth claims of Judaism by drafting a guide for the Jewish missionary. They explore the role of norms of Jewish behavior in their personal identity by writing teshuvot to actual questions asked of rabbis. Ultimately, students are faced with dilemmas deriving from intermarriage, different definitions of Jewishness and peoplehood, and different standards for conversion and are asked to make choices and to defend them.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Goals and Rationales Jews, by Choice page 4 Skills development in each of these three disciplines As a course in rabbinics, this "Jews, by Choice" assumes a familiarity with common aspects of Talmudic discourse and especially that Talmudic discourse includes distinct historical layers. The formatting of Talmudic texts in this curriculum uses fonts to distinguish between the layers of the text, and texts are presented with selected vocabulary; full translations are available in this teacher’s guide. The primary skills are in learning not to harmonize various texts. Instead, the students are challenged to think of the various layers, as well as the halakhic and aggadic materials as (potentially) speaking with different voices.

Within the context of history, the students learn to use the data extracted from the various classical texts as evidence to support thesis statements which they develop themselves. The move from hypothesis, to collection and evaluation of data, to the structuring of evidence-based arguments forces the student to think about the process of writing history.

Ultimately, both rabbinic texts and history interact with values testing. The students are asked to make judgment calls about the values implicit and explicit in rabbinic texts. As they explore the development of the various conceptions of Jewish identity through history, they reflect on the various uses to which their exploration of history can, should and should not be used. Is history intended to present the variety of models from which they can select an “authentic model”? Is history intended to identify a trend which should be followed? How might my actions fit into the framework of Jewish history? How might the Jewish community's actions or inactions shape the course of Jewish history? In what ways do I care about what happens in the Jewish future?

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Teaching approach and techniques Jews, by Choice page 5 Understanding by Design and the Revised Bloom's Taxonomy This curriculum relies on some of the insights and terminology popularized by Grant Wiggins and Jay McTighe in Understanding by Design. Each unit refers to global, enduring understandings which are core to understanding Rabbinic literature, Jewish history, and Jewish identity. These enduring understandings (E.U.s) are illustrated by the particular content of this course, but naturally extend beyond this course. The E.U.'s are then applied to the particular content of the unit. Each unit also has several essential questions which guide the inquiry in the unit in an open-ended way. Although the Rabbinic texts which are core of this study are rich and bear a broad range of interpretations and possible messages, the application of the enduring understandings in each unit will help guide and focus the study of these texts. Jews, by Choice is an ambitious curriculum, and a careful focus on the enduring understandings and the big ideas will help both student1 and teacher compare and contrast the different visions of Jewish identity expressed in rabbinic texts as they progress through history.

In a complex course like Jews, by Choice, it is essential that assessment is structured around clear learning objectives. Assessments should be used as a way to push students to higher levels of thinking. In this curriculum, learning objectives are defined using the "Revised Taxonomy of Educational Objectives"2 which is a revision of Bloom's taxonomy. The following chart is reproduced throughout the curriculum with particular objectives defined for each unit. The verbs are examples of language which might be used in the statement of a learning objective. These particular examples illustrate learning outcomes drawn from throughout the course.

1 Some teachers post enduring understandings on a "concept wall" at the beginning of a unit; this can work against the effort to construct meaning in an open context. This is especially important in the context of values testing which should authentically allow the students to develop their own formulations of an enduring understanding. In this curriculum, one should use the suggested enduring understandings to focus the pedagogy. If one shares some of the earlier enduring understandings as they come out of the learning, students can learn to develop their own expressions of the enduring understandings as the course proceeds. 2 See Anderson, L. W. and David R. Krathwohl, D. R., et al (Eds..) (2001) A Taxonomy for Learning, Teaching, and Assessing: A Revision of Bloom's Taxonomy of Educational Objectives. Allyn & Bacon. Boston, MA (Pearson Education Group). A more detailed example of this chart is found at http://www.scribd.com/doc/933640/Bloom-Revised. Brief but valuable explanations of the revised taxonomy are found at http://www.uwsp.edu/education/lwilson/curric/newtaxonomy.htm and at http://oregonstate.edu/instruct/coursedev/models/id/taxonomy/#table .

Knowledge Cognitive 1.Remember 2.Understand 3.Apply 4.Analyze 5.Evaluate 6.Create Dimension Process  Dimension  A. Factual Knowledge Recalling Comparing the Applying Differentiating Critiquing Chart the (terminology, details) eg. the terms rights and these between the loss of rights and ger, ezrach, responsibilities categories to positive and the Biblical the Biblical categories responsibilities and nokhri, of these the case of negative category of of each of ger (resident alien), and laws different the commands as "resident ezrach (Israelite category with particular to categories in blasphermer applied to the alien" in respect to the citizen), nokhri the various TaNaKh in Lev. 24 ger contemporary other (foreigner) categories Judaism B. Conceptual Describing Classifying Charting Differentiating Weighing the Creating a Knowledge evidence for different kinds evidence for the various different guide for a (classifications, models, and against of "Jewish defensive, reasons why arguments missionary Jewish mission" educational, one might for and theories), eg. proselytism and/or seek converts against the proselytism proselytizing existence of mission Jewish proselytism C. Procedural Knowledge Recognizing Charting the (skills, techniques, different different Organizing Evaluating tradents, voices about various voices different Formulating a criteria for use) eg. genres, and Interpreting the across genres versions of response to the discerning multiple historical different strata relevance of to determine if rabbinic challenges voices in rabbinic layers of the as different motivations there are traditions in presented by a texts (multivocality) Talmudic historical to consistent terms of multivocal text voices conversion approaches Jewish values tradition D. Metacognitive Knowledge (strategic Identifying Comparing knowledge, self- different and Differentiating knowledge) eg. what kinds of contrasting between what Choosing Producing a content knowledge Jewish contemporary Charting is valuable learning conversion knowledge curricula with sequence of and what is outcomes for curriculum is necessary to be a and classical learning essential a conversion including Jew experience models activities knowledge curriculum assessments

Learning objectives will occupy the different cells on the grid; eg. an objective that students should analyze an unseen text and identify how it uses particular categories reflecting citizenship status would be described in cells 3A and 4B.

While this curriculum provides multiple suggestions of performance assessments which can assess student understanding of the various enduring understandings, Jews, by Choice is not presented as an "off-the-shelf" Understanding by Design. A curriculum on a topic this rich must be considered and evaluated in light of the school's mission and broader curriculum and the teacher's own conception of conversion to Judaism and its history. The teacher, in conversation with the department chair or Jewish studies head, should

1. select from the potential learning outcomes

2. choose or adapt the suggested assessments to assess those outcomes, and then

3. select from the suggested texts and learning activities to meet those outcomes

Jews, by Choice is offered both as a model for curriculum design and as an experiment to test the boundaries of the discipline of rabbinics. The author is eager to hear feedback from classroom teachers who have adapted the curriculum for use in their own schools.

People construct their own understandings of the world through the interaction of what one experiences and reflection upon that experience. Through experience (including interaction with others), we test our old ideas, learn to filter out extraneous information, and create new models of understanding. We are constantly questioning, exploring, assessing the state of our knowledge and revising our models. This conception of learning is called constructivism.3

Many teachers have heard of a "spiraled curriculum"; the idea of a spiral is a direct corollary of constructivist theory. Repeated engagement with a concept after having been exposed to complexity elevates the level of the understanding. The student develops both more powerful ideas and more powerful thinking skills. As one blows into a shofar, the breath spirals around and bounces off the edges, gaining strength and resonance. Similarly, our understandings expand when new experiences bounce up against the edges of our emerging mental model.

This curriculum was designed from a constructivist perspective. By working through the course in chronological order, students experience the changing conceptions of Judaism without being biased by the later texts. But we should not assume that we are working with a tabula rasa; students come to this topic with a wide range of conceptions built out of their direct experiences with conversion, with their previous education in Judaism, with their biases, and with their own values. Rather than bemoaning the fact that in order to teach history we have to unteach what they know (i.e., forget everything you know about …), we should acknowledge that that body of knowledge inside each student's mind and soul is the subject of the course. If the student emerges from this class with an ability to recite the various elements of the rabbinic conversion ceremony without having reflected on how the rituals and the context for the rituals relate to his/her own conception of Jewish identity, this class should be deemed a failure. If, on the other hand, the student has engaged the complex material of "Jews, by Choice" and the complexity of the other students and rethought what it means to be Jewish and what is and is not part of his/her Jewish identity, then the course should rightfully be seen as a success.

A standard feature of a constructivist classroom is the regular inventory of what we know, what we think we know, and what we need to know. The purpose of the introduction, therefore, is to activate whatever knowledge students have of conversion and to give them an opportunity to put language to their conceptions of Jewish identity in general and their own Jewish identity in particular. Self-assessment is a necessary prerequisite to the construction of a personal identity.

3 The origins of constructivist theory go back to Immanuel Kant and Arthur Schopenhauer, and John Dewey. Jean Piaget and Lev Vygotsky also made significant contributions. The literature on constructivist education in specific can be seen in any of the works of Jerome Bruner. An excellent set of internet resources on constructivism can be found at http://carbon.ucdenver.edu/~mryder/itc_data/constructivism.html

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Teaching approach and techniques Jews, by Choice page 8 The Instructional Triangle Learning is a complex process. The ways in which teachers facilitate the student's construction of meaning is mediated by a wide variety of factors, including

• the teacher's conception of the subject matter • the student's prior and emerging construction of his/her understanding of the subject matter • the teacher's awareness of the student's understanding of the subject matter • the teacher's vision of the students as learners • the interaction of the students with other sources of knowledge including but not limited to other students • the context(s) in which the learning happens. The instructional triangle4 graphically represents some of those complexities. In any particular moment of teaching, the instructional triangle is unlikely to be an equilateral triangle. Different pedagogies put the student at the center or put the student into a closer relationship with the subject matter or magnify the role of the teacher. Modes of Study Each teacher has various routines which the draw upon in creating a lesson. Effective teachers draw from a wide repertoire of routines which allow students to engage in different kinds of cognitive processes as they learn. Here are some of the kinds of learning that are described in this curriculum. Some may be familiar, and some may require some stretching. Different kinds of learning activities can achieve different learning objectives. Do not be afraid to experiment with this curriculum, but do take this opportunity to stretch and broaden your own repertoire of learning activities.

Text study The primary mode of learning in this class is close reading of primary texts, either in the original or in translation. The texts are provided with study questions that move students through basic comprehension to higher level questions addressing the larger themes. The teacher’s guide includes ample examples of methods to make these texts engaging and to develop student skills. Students are regularly asked to analyze unseen texts in light of

4 This image and the discussion of the instructional triangle is adapted from Cohen, D. K., Raudenbush, S. W., & Ball, D. L, "Resources, instruction, and research" in Educational Evaluation and Policy Analysis 25 (2003), 119-142. The original is somewhat more complex and emphasizes interactions between students and between each element and the environment (which I have labeled as "context"). In my adaptation, I have replaced the original double-headed arrows forming the triangle with the broken double-headed arrows. Not only is there an interaction between each element, but the "distance" between each element can expand or contract, depending on the pedagogy.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Teaching approach and techniques Jews, by Choice page 9 what they have learned from other texts. These are sometimes used as assessments of student learning

History writing Students write papers arguing historical claims about the nature of conversion, of Jewish identity, etc., using data from the Bible, Josephus, and Rabbinic literature. The hypotheses argued by the student papers are shared and critiqued cooperatively and tested against the evidence of later texts.

Simulation and emulation Students write guides for "novice missionaries" explaining why Jews might want to convert non-Jews as well as their "best arguments" for why a non-Jew should convert. Students develop curricula for training converts. Students apply legal texts as if they were poskim. Students emulate midrashic texts and write original meshalim on aspects of conversion and identity.

Student research and teaching Students choose and research various topics, studying original texts, analyzing contemporary issues, doing interviews and surveys, comparing denominational or geographic differences concerning conversion. Students teach class on a salient issue that derives from their research, and write summaries of their research, its connection to the classical texts studied in class, and its significance to their own Jewish identity.

Policy analysis Students evaluate policy statements and sociological data in light of previous study in order to determine best practice for the Jewish community. This kind of policy analysis occurs throughout the course in response to occasional readings of secondary articles. Students use it quite regularly in structuring (or at least in introducing) their research. A Document Based Question (DBQ) on the final exam, asks students to develop a historical thesis about intermarriage, assess various policy statements about Jewish communal responses to intermarriage, and to suggest their own response.

Problem-Based Learning An alternate model which incorporates aspects of simulation, research, and policy analysis is to have students attempt to develop a solution to a complex problem, learning the content as they explore the contours of the problem. In this case, students take on the roles of the various (and competing) stakeholders in an issue and determine which data is relevant in developing a solution (or solutions) that acknowledges the needs and perspectives of the various stakeholders. An appropriate problem-based learning scenario is one that is authentic; in this case, a problem dealing with conversion in Israel would allow for a diverse set of roles.

1. Course Introduction (p. 14) The introduction lays out some of the goals and rationales for the course and introduces some common language and concepts. It includes four parts: an introductory survey, a secondary article, the results of the 2001 American Jewish Identity Survey, and the personal stories of Jews by choice.

2. On the Boundaries of Israel: the Biblical ger (p. 27) Students study various TaNaKh texts on the Biblical ger in the context of Israelite citizenship, concluding with selections from Ezra and Ruth reflecting particularism and universalism in the Persian period. During this unit, students explore the idea that the Biblical ger followed norms in order to be part of the community created by the people of Israel and was entitled to protections. They examine how both Ezra and Ruth respond to and interpret earlier Biblical texts but arrive at radically different conceptions of Jewish peoplehood. 3. The Origins of Conversion: Proselytes in the Hellenistic period5 (p. 42) Students analyze Josephus's descriptions of the conversion of the Idumeans, the conversion of the royal house of Adiabene, and Josephus’s arguments about conversion as a defense against claims of Jewish xenophobia. Students discuss the implications of Hasmonean forced conversions as well as evidence of a Jewish missionary movement. 4. “For the Sake of Heaven”: the convert’s motives in Talmudic literature (p. 63) Students study Yebamot 24b and distinguish between the conceptions of the Tannaitic, Amoraic, and Stammaitic layers. They contrast this halakhic sugya with the aggadot of Shammai, Hillel and the converts (Shabbat 31a) and the prostitute who converts (Menachot 44a). These texts present widely differing perspectives on the importance of appropriate motivations for conversion. Students are asked to imagine how Hillel’s three converts reflect real concerns of converts seeking to join Israel.

5. The Rabbinic Conversion Ceremony (p. 82) Students contrast the Tannaitic conversion procedure with its Amoraic expansion (Yebamot 47ab). They explore different theological interpretations of the meaning of

5 The modules on Hellenistic texts and midrashic texts can be skipped if the teacher needs to shorten the course or has other reasons to avoid these genres. Both are valuable and each allows for the exploration of significant big ideas as described below. Nevertheless, the course has an integrity even without those units, as long as the teacher is aware of what might be lost later on if certain parts are skipped earlier on.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Syllabus Jews, by Choice page 11 circumcision and immersion. They contrast various historical interpretations of R. Chelbo’s claim that converts are like scabs. 6. The Rituals of Conversion: Circumcision and Immersion (p. 112) This unit concludes with an exploration of the meanings of the rituals of circumcision and immersion in the mikveh in the context of conversion..

7. Conversion, Rebirth, and Kinship (p. 137) Students contrast Yebamot 48b and other Tannaitic texts which assume that a convert is “born-again” with Tosefta Demai 6:12-13 which discusses a convert’s inheritance from his biological father. Students debate whether the image of rebirth does or does not meet the psychological needs of the convert and his integration into the people of Israel.

8. Conversion and Covenant (p. 166) Students then study Sifra Kedoshim 8:3 which makes the strong claim that converts enter the covenant, as did Israel, with complete and unconditional acceptance of all of the mitzvot, and Tosefta Demai 2:4 which emphasizes the irrevocability of the convert’s Judaism, even in the face of non-observance of mitzvot. Students reflect on the role of mitzvot in their own Jewish identities.

9. Midrash and Ambivalence about Conversion (p. 188) Mekhilta Mishpatim 18 and Numbers Rabbah 8:2 present the convert as an ideal along with dissonant voices that interpret the Biblical protections of the convert with measured hostility. NumR 8:9 assures the convert of real integration into the people of Israel. Students assess the multivocality of these texts, how that multivocality reflects an authentic ambivalence about converts and conversion, and use midrashic forms to express their own emerging ideas about conversion. 10. Maimonides: A complex vision of conversion6 Hilkhot Issurei Biah 13-14 includes Rambam’s concerns about motivations, testimony about giyyur and his restatement of the conversion process with his particular emphasis on theology. Letter to Ovadiah haGer asserts the spiritual descent of the convert and reimagines Israel as a nation descended from converts. Responsum 211 demonstrates the extent of Rambam’s halakhic flexibility. Students try to explain the conflicts between these different works of the Rambam.

6 This guide is not yet complete. Nonetheless, the units which are available still serve as an viable course.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Syllabus Jews, by Choice page 12 11. Qabbalat Mitzvot in the Middle Ages Tur Yoreh Deah 268 addresses the case of the “backsliding convert.” Shulhan Arukh Y.D. 268:3 and Bet Yosef Y.D. 268:12 demonstrate the differences between Karo’s code and his commentary on the Tur, including his claim that “everything is according to the perception of the court”. 12. Conversion in Early Modern Responsa Students can study selections from various responsa on conversion in the context of the rise of modern denominations, reinterpretations of the motives requirement and of qabbalat mitzvot, and expansive claims about rabbinic discretion. Some of these can be studied as topics for student research (below). 13. Conversion and Contemporary Judaism Students research contemporary topics in preparation for 25 minute teaching sessions. Topics have included denominational perspectives on qabbalat mitzvot, conversion in Israel, converts mourning for birth parents, racial conception of Judaism in the 19th century, personal accounts of conversion, etc. A wide range of materials are available in the curriculum to support student research.

An alternative approach to this unit is to engage the students in problem-based learning in which students are confronted with a complex case dealing with conversion. In their efforts to find a solution for the problem, students must explore the contours of the challenges facing contemporary Judaism which cluster around the topic of conversion, identify and contrast the perspectives of different segments of the Jewish community, and work out a response in conversation with those distinct viewpoints. Using this Curriculum Guide Each unit of this curriculum guide includes the following elements: • An overview which briefly summarizes what topics are addressed in the unit • A commentary for teachers which explains the large contours of the topic and introduces the primary texts studied in the unit • A brief description of the enduring understandings, essential questions, and potential learning objectives which will focus the instruction • A section of teaching ideas which addresses the pedagogical challenges and opportunities in the unit and which includes a description of some possible assessments aligned with the learning objectives.

As discussed above, this is not an "off-the-shelf" or "foolproof" curriculum. Such products don't exist. Jews, by Choice asks the teacher to think creatively and professionally about how to use and what to use of this material in class. All of the most important educational decisions are about what not to teach, and Jews, by Choice provides more material than the author has ever addressed in the seven months that are available at Gann Academy to teach

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Syllabus Jews, by Choice page 13 this class. Over the six years of this curriculum's development, everything described in this curriculum has been done at least once or twice.

With faith that this study can help heal the rifts in the Jewish people, I offer this to you.

Overview The introduction lays out some of the goals and rationales for the course and introduces some common language and concepts. It includes four parts: an introductory survey, a secondary article, the results of the 2001 American Jewish Identity Survey, and the personal stories of Jews by choice. This unit takes 5-7 hours of class time, depending on how much time is given to group processing of the initial survey and the personal stories.

A Commentary for Teachers: Introduction The goal of this introduction is to engage students deeply and personally in the contemporary discussion of Jewish identity. Students open themselves up to dealing with issues of identity and to the topic of conversion through a personal survey7 which they discuss in small group and through reading the personal stories of Jews by choice. Many students in community high schools may not be aware of the diversity that exists in their classes, and it is important to make sure that the class is established as a safe place for students of all backgrounds and perspectives. Facile comments by student such as "We're all Jews" should be dissected (gently) so that the students understand that their assumptions about Jewish identity are not universally shared within the Jewish people, and probably not even within the school community. The centerpiece of the introduction is a fascinating article by Ophir Yarden in which he lays out two different dimensions of Jewish identity (see the enduring understanding: " Judaism is both a religion and a people." below, p. 15).8 Unpacking this article carefully is crucial to problematizing the integration of the convert on the one hand, and to complicating the student's perspective on Jewish identity. As a religious Israeli who feels a tie to "secular" Israelis, Yarden declares, "If I have a ‘vertical’ connection to a transcendental God it comes after my ‘horizontal’ connection to the Jewish People." Yarden sees his own priority of peoplehood over religion expressed also in a variety of classical sources (Ruth, Maimonides' Responsum to Ovadiah haGer), and concludes that, in contrast with the religious aspects of conversion, " the significance of the relationship to the Jewish People is just as much a part - and for some of us a greater part - of what it means to be a Jew". This perspective, which may be quite foreign to students who think of Judaism in exclusively religious terms. By emphasizing the familial and national connections, this article can potentially problematize for the student what it means to accept the convert as part of the people of Israel while presenting peoplehood as a potentially significant component of their own emerging Jewish identities. The summary of the American Jewish Identity Survey presents a variety of demographic findings which can be used to test the distinction between Jewish peoplehood (Israel) and Jewish religion (Judaism). Key among those is the demographic category of "the core

7 The survey questions and all of the other teaching materials are included in the file JBC_Coursepack.doc. 8 "The Meaning of Joining the Jewish People", by Ophir Yarden of Ta-Shma is available online at http://www.doingzionism.org/resources/view.asp?id=1404 and at http://www.hagshama.org/en/resources/view.asp?id=1404&subject=135. It is also included in the file JBC_Coursepack.doc.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Course Introduction: Overview Jews, by Choice page 15 Jewish population". The demographers of the AJIS follow European precedent, where non-religious Jews "were accepted as members of the community and treated more favorably and quite differently by Jewish authorities from those who converted out or became baptized Christians"9. In their category of "core Jewish population", the researchers include Jews of no religion (JNR) along with Jews by birth (JBB) and Jews by choice (JBC), but exclude Jews of other religions (JOR). In this, the demographers, like Ophir Yarden, can be seen to make a claim about the primacy of peoplehood, but also indicate that membership in the core Jewish population is voluntaristic in that one who chooses a different religion diminishes (but does not eliminate) his/her tie to the Jewish people. Even a JOR is identified as "a Jew". The final element of the introduction is to have students read personal stories of Jews by choice. Many collections of these stories exist; at Gann Academy, students purchase a copy of Becoming a Jew by Maurice Lamm which begins with almost 60 pages of such memoirs10. Some students will have personal knowledge of conversion—their own, or a parent's, or some other relative—but many will not. These memoirs can be extremely powerful ways to expand the student's perspective of what is compelling about Judaism from the perspective of someone who has chosen to convert.

Enduring Understandings This unit introduces two primary enduring understandings. 1. Judaism is both a religion and a people. 2. Culture is a filter for experience. Judaism is a religion and a people As one works through this unit, asking students to compare and contrast Jewish identity with Christian or Moslem identity, or whether one can be Jewish without a Jewish community will help the student explore the two poles of this claim. Religious aspects of Judaism may tie one to a larger sense of meaning (Torah, values, God), while the national aspects of Judaism may tie one to Jewish history, the Jewish future, and the Jewish national experience in Israel; throughout this course we refer to the religious aspect as Judaism and the national aspect as Israel.11 The gap between these two poles is seen most intensely in a question which will recur throughout the course: Does one convert to Judaism out of a sense of kinship with the Jewish people and then adopt the covenant because that is what Jews do, or does one convert out of a sense of attachment to God and then join the Jewish people because they have a covenanted relationship with God? Confronting students with the implications of a Jewish identity that transcends the realm

9 American Jewish Identity Survey 2001, Egon Mayer, Barry A. Kosmin, and Ariela Keysar, page 20. 10 Other collections include Embracing the Covenant: Converts to Judaism Talk About Why & How by Allan L. Berkowitz, Converting to Judaism - Choosing to Be Chosen : Personal Stories by Rabbi Bernice K. Weiss, and Finding a Home for the Soul: Interviews with Converts to Judaism by Catherine Hall Myrowitz, as well as online at http://urj.org/life/conversion/firstperson/ . 11 Ironically, the term Judaism originally was the ethnic term. In light of the existence of the State of Israel, it is easier for diaspora students to associate the term Judaism with the religious aspects of Jewish identity use ,גיור וזהות יהודית ,and Israel with the national/cultural aspects. Interestingly, Tzvi Zohar and Avi Sagi .העם היהודי .vs דת ישראל the terms

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Course Introduction: Overview Jews, by Choice page 16 of religion is not easy. This particular enduring understanding is revisited multiple times throughout the course. Culture filters experience As the student explores the demographic data on contemporary Judaism, s/he will inevitably realize that there is a difference between a definition of Judaism and a description of Judaism. 12 This is a cultural artifact. The demographic data demonstrate that Jewish identity can include but is not necessarily limited to how halakhah traditionally defines Jewishness. This understanding is crucial to further progress in the course: students must recognize that our engagement with both Jewish texts and Jewish history are not just data; they are filters through which we explore Jewish identity and the nature of the Jewish community. Filters obscure some things, and highlight others.

Essential Questions Is (Jewish) identity about one’s subjective self-perception, the identity which is attributed to one by others, or how one perceives others?13 What, if anything, is essential to a Jewish identity?14

12 Michael Satlow, in Creating Judaism: History, Tradition, Practice (Columbia University Press: New York, 2006) describes the difference between a normative, essentialist definition of what Judaism is and a polythetic description of overlapping sets of characteristics, any of which can be part of Judaism, but no individual part of which is essential to Judaism. 13 Burton and Whiting ("The absent father and cross-sex identity". Merrill-Palmer Quarterly 7(2), 85-95) describe three kinds of identities: "Attributed identity consists of the statuses assigned to a person by other members of his society. Subjective identity consists of the statuses a person sees himself as occupying. And finally, optative identity consists of those statuses a person wishes he could occupy." This terminology can be helpful for students. For example, a convert may subjectively identify him/herself as Jewish while Jewish society may identify him as a convert. In the language we used above, his/her optative identity is to become part of Israel in addition to being an adherent of Judaism. See below, Excursus: On Jewish Identity Formation, page 48. 14 See note 12.

Potential Learning Objectives for the Introduction This chart of is based on the revised taxonomy of educational objectives.15 Introduction Cognitive Process Dimension Knowledge Particular content 1.0 Remembering 2.0 Understanding 3.0 Applying 4.0 Analyzing 5.0 Evaluating 6.0 Creating Dimension Factual: details Ruth, Ovadiah haGer, 1.1 Recognizing Maimonides terms Factual: JBB, JBC, JBR, JOR, 1.2 Recalling what elements JNR abbreviations mean

Conceptual: Judaism vs. Israel, kinship 2.2 Exemplifying 5.2 Critiquing the classification aspects of religious bifurcation of identity and Jewish identity peoplehood based on examples

Conceptual: JBB, JBC, JBR, JOR, 2.6 Comparing 4.0 Analyzing 5.2 Critiquing the classification, JNR, Core Jewish terms by using a charts for possible terms JOR and generalizations Population Venn diagram relationships JNR in terms of between kinship the categories of and continuity Judaism and Israel

Metacognitive: Jewish identity 2.7 Explaining 6.3 Producing a commitment aspects of one's letter describing Jewish identity what is essential through survey to one's Jewish responses identity

15 See above, note 2.

Teaching Ideas

Defining Identity

As an opening activity, consider having students design a Jewish Identity Card. Distribute blank 4"x6" cards. Do not define the purpose of the card or who is issuing it. Students should include both the form as well as their personal data (i.e., "Birthplace: Oshkosh, WI"). Give them several minutes to design a card. Show students examples like a driver's license and an Israeli identity card. Have students move to share their IDs with someone from across the classroom; they should share both the form and the content. They can also modify their cards if they discover elements that they think should be on their own cards. Have them return to their seats and share their cards with the person seated next to them. Then ask students to suggest elements of a Jewish ID card that they saw on other people's cards. Try to allow students to brainstorm suggestions for possible elements without judgment, and the teacher or a student can incorporate the elements on a model card on the board. After most of the suggestions have been offered, engage the students in what is necessary and what is not. Students might suggest restrictions (like the vision restriction on a driver's license): keeps kosher, observes shabbat, observes rules of negiah (prohibited touching)… This suggestion may lead to suggestions of other behaviors or beliefs. As the "composite" ID card is developed, the teacher should regularly ask for formatting questions like "Is this a checkbox (select whichever apply) or a radio-button (select only one) or a fill-in-the-blank?" Processing the activity can help the teacher introduce the complexity of Jewish identity. This can serve Collecting the IDs for background information on the students can help the teacher predict possible

Self-Survey

Students begin “Jews, by Choice,” with a self-survey. This sets the stage for the student to understand that his/her conception of Judaism and Jewish identity is itself one of the subjects of the class. The survey also provides the class with an opportunity to recognize some of the diversity of perspective and experience that may exist in the class. It also provides the teacher with a valuable baseline for assessing student knowledge of and experience with the topic of conversion. In order to maximize both student reflection and expression, the survey is best used with students working individually and then in hevrutah, proceeding in their discussion as soon as both partners have finished answering four or five questions. Teachers should help the students pace so they do not progress too quickly. During the last part of class, the teacher can open the class to discussion and assign the rest of the questions as homework. Recognizing the differences between a Christian religious identity and a Jewish identity is crucial. Although many Christians also have strong ethnic identities, it is helpful to ask

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Course Introduction: Teaching Ideas Jews, by Choice page 19 a contrafactual question in order to clarify if some characteristic is essential, i.e. if X were missing, would the person not be Y? • Would a person who does not believe in the divinity of Jesus be a Christian? • Would an Irish Catholic who does not observe St. Patrick's Day not be considered Catholic? • Would a Jew who does not believe that the Torah was authored by Moshe be considered a non-Jew? The penultimate questions of the survey focus on what the student thinks are the greatest challenges facing the Jew by choice. The students should be informed that they will have opportunities to test their hypotheses when they read the personal stories of converts. At this point, however, student responses to these questions should also be understood as markers of what they consider the most difficult aspects for them about being Jewish.16 The final questions asks the student to assess what they know about conversion and identity, what they think they know, what they want to know, and what they need to know in order to find out what they want to know. This is an important aspect of procedural knowledge. The gap between what they know and what they think they know forces students to assess the sources of their knowledge. Similarly, asking what they need to know allows students to think tactically about their learning. Asking students what they want to know allows the teacher to think strategically about instruction and engages the student in a vital metacognitive exploration of their motivations to learn.

Yarden

The Yarden article can help accomplish several significant goals in introducing the course. Primarily, it introduces this idea of the vertical axis of Jewish identity (associated with God, religion, the covenant, which we are calling Judaism) and a horizontal axis (associated with kinship, peoplehood, history, and nation, which we are calling Israel). Beyond that, Yarden also introduces several topics which will be subjects of later study, including the experience of the Biblical ger, the story of Ruth, the image of convert as a newborn, and Maimonides' responsum to Ovadiah haGer. Students should be informed that they will revisit these topics. One of the main goals of this introduction is to encourage students to think of their experience as Jews, and the experience of other Jews, as something that can be at least partially understood through the filter of Jewish history and Jewish texts. Yarden's article should be analyzed as an example of this. That is, Yarden argues that peoplehood (Israel) is more important (or at least as important) as religion (Judaism), and he adduces a variety of texts which support his contention. Although, as mentioned above, it is necessary to activate peoplehood as an aspect of Jewish identity (especially for students in the diaspora), one should not lose the opportunity to analyze Yarden's construction not

16In Burton and Whiting's language (see note 13on page 15 and the Excursus: On Jewish Identity Formation, page 48), this is a gap between the student's subjective identity and the identity attributed to the student by Jewish society.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Course Introduction: Teaching Ideas Jews, by Choice page 20 as a piece of history but as an artifact of his own Jewish identity. At this point, students are not capable of recognizing how radically Yarden has selectively structured his description of Maimonides who actually affirms Ovadiah's place in the family of Israel by dissolving any real sense of kinship among Israel. Students are, however, capable of assessing his claim about Ruth's confession to Naomi: Ruth thereby casts her lot with Naomi and her fellow tribespeople of Judah but there is no element of any religious conversion. No ceremony is mentioned nor is there any indication of Ruth’s ritual behavior. First (and foremost?) she adopts Naomi’s people and secondly she accepts Naomi’s God: “…your people shall be my people, and your God my God.” In the context of the article, Yarden's parenthetical "and foremost?" is hardly a question. He is, of course, correct that there is no religious or ritual content described in Megillat Ruth. Nevertheless, the students can question whether sequence reflects priority in Ruth's confession. Framing the question which emerges from a critical analysis of Yarden's argument more broadly: "Does one convert to Judaism out of a sense of attachment to God and then join the Jewish people because they have a covenanted relationship with God, or does one convert out of a sense of kinship with the Jewish people and then adopt the covenant because that is what Jews do?"17 In summary, this kind of analysis is a crucial aspect of the methodology needed for teaching this course. The student must learn to identify the choices which are being made in reconstructing and communicating the tradition. Yarden chooses not only to frame his emphasis on peoplehood through the idiom and filter of Jewish history and Jewish texts, but he also chooses how to present those texts. His process of selection and contextualization are choices which reflect his own Jewish identity, and in that sense he and we are all "Jews, by choice."

Introducing Immigration and Naturalization as a Metaphor (optional)

Immigration and naturalization serve as powerful metaphors for conversion to Judaism. Although the introduction to the course can function well without introducing this metaphor at this point, exploring this metaphor can help concretize some of the issues around conversion. Since immigration and naturalization are both topical and controversial, both in the U.S. and in Israel, this addition to the introduction could be both volatile and memorable. At Gann Academy, Jews, by Choice is taught in 11th grade, and the comparisons with different models of immigration when many students are studying American history is also quite powerful. The goal of introducing this metaphor is to give students an opportunity to explore both the extent of possible issues involved in Jewish citizenship, and to recognize by analogy with a contemporary issue, why issues of personal status are so controversial. It does not matter what the contemporary issue is—in the past, students have looked at the issue of President Obama's "missing" birth certificate and the Arizona law mandating police to investigate citizenship status—because the goal is to identify some of the reasons why

17 If Ruth presents a paradigm for conversion to the people of Israel, then perhaps Abraham provides the paradigm of conversion to Judaism.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Course Introduction: Teaching Ideas Jews, by Choice page 21 these issues are so volatile. After skimming a relevant article about some controversy concerning immigration or naturalization18, the students should be asked to write down, in three columns, what they KNOW, what they THINK they know, and what they need to LEARN about immigration and naturalization. The next step is to have students research naturalization with the goal of answering (a defined number of) their brainstormed questions.19 For homework, students should be asked to generate a list of 10-15 possible comparisons and contrasts between immigration and naturalization with conversion. The statements should begin either with the word "like" or the word "unlike", in the following format, "Unlike U.S. citizenship which is granted based on birth in the territory of the United States, being born in Israel is irrelevant to Jewish status." It is all right if students make factual or interpretive errors. Upon arriving in class, post the following five categories on the board: 1. Legal aspects of citizenship/Jewish status 2. Process for achieving citizenship/Jewish status 3. Motivations for acquiring citizenship/Jewish status 4. Attitudes of established citizens/JBBs towards immigrants/new citizens/converts 5. Other Students should quickly label their own lists and then go around the room, writing their best comparisons and contrasts on five large sheets of paper, each labeled with one of the above categories. As students write their own observations, students can put check marks next to comparisons they agree with, stars next to ones they think are particularly good, and question marks for any comments where the analogy or contrast seems to be off or the claim about citizenship or conversion is under dispute. The following aspects of concerning U.S. Citizenship may help the teacher think about this analogy. The list should not be shared with students who should develop their own list. Immigration vs. Naturalization • Checking immigrant status (Arizona SB 1070, requiring police officers to check the immigration status of people suspected of being illegal aliens)20 • Anti-immigrant attitudes (illegal immigrants and crime) • "Why should Pennsylvania, founded by the English, become a Colony of Aliens, who will shortly be so numerous as to Germanize us instead of our Anglifying

18 If a student in the class has gone through naturalization or has had a parent who has gone through naturalization, that student's experience can serve to activate student interest. 19 The article on Wikipedia on "United States nationality law" is better than the general article on "Naturalization". The article on U.S. Citizenship is also useful. Students can be assigned to do this research at home, or the teacher can distribute the article for analysis in small groups. 20 Arizona SB 1070, mostly overturned by the SCOTUS on 6/25/2012..

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Course Introduction: Teaching Ideas Jews, by Choice page 22 them, and will never adopt our Language or Customs, any more then they can acquire our Complexion?" Benjamin Franklin, Papers, 175121 • Unfair and unstable situations when there are large number of non-citizen residents without paths to citizenship • Border security • Preferential immigration policies • Displacing natural-born citizens • Nation of immigrants Citizenship • Who is eligible to become a citizen? Are certain people excluded from citizenship • Connection between citizenship and territory • Citizenship and birth parents • Documentation of citizenship status ("controversy" over President Obama's birth certificate) • Citizenship guarantees almost all rights but some are excluded (like becoming President) • Knowledge needed for citizenship test • Time needed to acquire citizenship • Citizenship law has a history and its changes reflect different conceptions of what America is • Controversy over the 14th amendment and birthright citizenship • Controversy over Law of Return Boundary Maintenance • Limits in order to preserve culture (modern France) • Expatriation • A path towards legalization of illegal immigration vs. amnesty • Family reunification • Humanitarian immigration • The connection between citizenship and marriage22

21 See Stephen Colbert and Henry Louis Gates Jr. discussing this passage at http://www.pbslearningmedia.org/content/foa10.soc.7-8.newnation.colonyal/ 22 According to the website http://tvtropes.org, citizenship marriage, defined as a "marriage which occurs solely to allow an immigrant who would otherwise be deported to stay in the country…makes up 0.0041% of real-life marriages, and 38% of TV marriages." Even if these statistics are wrong by two orders of magnitude, the gap reveals how significant this issue is in public mindshare.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Course Introduction: Teaching Ideas Jews, by Choice page 23 • Israel's interest as nation vs. the interests of the international Jewish community On this topic, Rav Aryeh Klapper (my friend and colleague at Gann Academy and a member of the Boston Bet Din) has recorded this lecture given at Yeshivat Chovevei Torah on "What Should Klal Yisroel's Immigration Policy Be?" available from his website at http://tinyurl.com/KlapperImmigration Note Susan Martin, A Nation of Immigrants, who describes American immigration following three models [summarized here by Tamar Jacoby, ("A Mixed Welcome", http://www.tnr.com/book/review/nation-immigrants-susan-martin): "In [Martin's] view, 'America has been settled from its very origins by three different models of immigration.' The Virginia model imported workers, including indentured servants and slaves, but denied them full membership in settlement society. The Massachusetts model screened newcomers on the basis of faith, accepting only those who embraced the established religion in the colony. The Pennsylvania model was open to anyone regardless of religion, promoting tolerance, pluralism, and full membership for all." Jacoby acknowledges Martin's expertise, but rejects her clear bias in favor of the Pennsylvania model. A powerful summary activity can be to have students develop questions about immigration and naturalization that can be applied directly to the questions of conversion to Judaism.

American Jewish Identity Survey (AJIS)

The measurements of demographers are structured by their own values. This is especially clear in the ANOTE. Since a primary focus of the study of the AJIS is to see how it defines the "core Jewish population", the most compelling way to introduce the survey is by having students decide what kinds of demographic questions they may want to ask if they were to engage in this kind of demographic study. As the students develop questions that refer to the categories defined in the survey (JBC = Jew by Choice, JBR = Jewish by Religion, JNR = Of Jewish Parentage & Now of No Religion, JOR= Of Jewish Parentage & Now of Other Religion), introduce the codes which will serve as useful "handles" as they discuss the survey and throughout the course. Although the survey occasionally refers to BJR = Born into the Jewish Religion, my students clearly prefer the handle JBB=Jew by Birth. With this kind of introduction, students can examine the summary of findings from the AJIS as homework, with an assignment to develop four or five sociological hypotheses each of which relate to at least two of the findings. Developing hypotheses to explain and test different phenomena is crucial to the process of understanding Jewish identity. In class, students might share their hypotheses, and class discussion could focus on how one might go about testing them. Alternatively, the teacher can pose a question to get students thinking about the relationships that exist between kinship and continuity. For example, why are 49% of married Jews since 1990 married to Jews by birth or Jews by choice, but only 19% of cohabiting Jews are living with a Jew? One can also excerpt some of the interesting tables included in the AJIS.

Working from a table like this, students should be able to derive answers to the following: • How would one calculate the core Jewish population from this chart? • How did they determine the total adult population with a Jewish mother? • Where would one find JBC's on this chart? • Based on this table, what generalizations might one make about children of endogamous Jewish marriages as opposed to children of intermarriages? • What percentage of children of intermarriages identify themselves as adherents of another religion? • Does the gender of the parent in an intermarriage affect Jewish identity? This expanded form of the table allows one to answer the questions above more easily. A B C D E F G H 1 Jewish Parentage JBR JBR JNR JNR JOR JOR Total 2 2930000 2930000 1120000 1120000 1470000 1470000 Total 3 Both Parents %/# 78% 2285400 37% 414400 7% 102900 2802700 4 Mother only %/# 6% 175800 21% 235200 27% 396900 807900 5 Halakhically Jewish %/# 84% 2461200 58% 649600 34% 499800 3610600 6 Father only %/# 3% 87900 25% 280000 28% 411600 779500 7 Neither, Refusal, DK% 13% 380900 17% 190400 37% 543900 1115200 8 Total intermarried (row 4+6)# 263700 515200 808500 1587400 9 % of total intermarried 16.6% 32.5% 51%

22% of the children of intermarriages with a Jewish mother reported themselves to be JBRs (C4/H4), whereas only 11% of those with Jewish fathers (C6/H6) reported themselves to be JBRs. Approximately one sixth of the children of intermarriages identify as Jews (B9), one third have no religion (D9), and fully one half adopt a different religion (F9). It is far better to have students develop the expanded chart on their own. In doing so, they learn to own the data and interpret it themselves. Students confronted with information like this, however, tend to react with skepticism and will want to share personal anecdotes. This may be appropriate, but it is important to emphasize that "demography is not destiny". Indeed, only one sixth of the children of intermarriages identify as Jewish (and only one ninth of halakhically Jewish children of intermarriages identify as Jewish), but what are the factors that make that sixth choose to affiliate? Can we influence those

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Course Introduction: Teaching Ideas Jews, by Choice page 25 factors? When does intermarriage become a terminal Jewish option? What are the choices that Jews make which support their Jewish identities and those of their children?

Personal Stories

Unless little or no direct information about Jews by choice has been shared by students, this material does not usually require much class-time. A simple reading quiz to make sure that students have read the assigned material may be adequate. This can include questions like: 1. Describe two different not just distinct) ways converts talk about their religious identities prior to their conversion? 2. Describe two or three different reasons that led people down the path towards conversion. 3. List in brief phrases up to five different ways that Jews related to these Jews by choice. Indicate if these responses were before or after the conversion. 4. What is the thing that you most admire about these converts? (If you can, try to select some aspect that is common to more than one of them.) 5. What was something that you learned about conversion that you did not know? 6. Describe something else that you found interesting in the reading. On the other hand, reviewing some common themes, especially those that fit with the current unit or with later materials can be useful. Significant themes in Lamm include • the number of JBCs who felt that they always had some connection to the Jewish people • the experience of JBCs being identified as converts and not as Jews • the impact of learning about the Holocaust on these JBCs This last theme is interesting in light of the Talmudic theme that converts are only accepted when the Jews are not in power.

Assessments A letter to myself: In order to demonstrate the ability to describe aspects of their Jewish identity in terms of .their connection to the religion of Judaism and the people of Israel, students can be asked to write a letter describing what is "essential" to their Judaism. The audience for the letter can be the teacher, or more interestingly, to another member of the faculty or to a classmate whose perspectives on Judaism may be quite different. The students should be instructed to use and explain their use of the terms "Judaism" and "Israel" in their letters. If students in the class trade letters, they may also respond to each other. These letters should be returned to the students at the end of the course. In order to demonstrate the student's ability to use and explain significant demographic categories, they can be asked to interpret any of the other tables from the AJIS. Interesting examples may be the comparison of religious beliefs between JBR, JNR, and JOR (exhibit 12); socio-demographic comparisons of JBR, JNR, and JOR (exhibit 7).

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Course Introduction: Teaching Ideas Jews, by Choice page 26 Make a Venn diagram representing the data in the following claims: 1. About 5.5 million American adults are Jewish by religion or of Jewish parentage or upbringing or consider themselves Jewish. 2. About 3.6 million American adults (65% of the 5.5 million total) have a Jewish mother. 3. More than 1.5 million American adults have only one Jewish parent.

Overview Students study various TaNaKh texts on the Biblical ger in the context of Israelite citizenship, concluding with selections from Ezra and Ruth reflecting particularism and universalism in the Persian period. During this unit, students explore the idea that the Biblical ger followed norms in order to be part of the community created by the people of Israel and was entitled to protections. They examine how both Ezra and Ruth respond to and interpret earlier Biblical texts but arrive at radically different conceptions of Jewish peoplehood.

A Commentary for Teachers The study of Biblical texts in "Jews, by Choice," achieves two goals. Primarily, the Biblical texts set a baseline for how the people of Israel understood itself and its relationship with the outside world. Secondarily, many of the Biblical texts studied in this unit are reused and reinterpreted by later texts about conversion. The approach adopted in this curriculum does not assume that later rabbinic interpretations of the Biblical text are the ,גר תושב necessarily correct. In particular, the rabbinic distinction between the .the convert, is assumed irrelevant to Biblical texts ,גר צדק resident alien, and the the ;גר תושב is akin to what the rabbis later call a גר Throughout the Bible, the category of is a foreigner living among the people of Israel who follows certain Israelite גר Biblical is גר laws and is consequently accorded certain legal protections. The protection of the associated with the Israelite memory of being strangers in Egypt. Although it is keeps the category distinct in גר to indicate the Biblical גר תושב redundant, using the term the mind of the student who may otherwise confuse the categories later on. This unit has four interrelated parts. The first establishes the dual nature of the term Israel and the assumption of kinship within the nation of Israel.23 The second divides Israelite society into citizens, resident aliens, and foreigners. The third establishes patrilineality and the assimilation of foreign women into Israel. The fourth This unit addresses the theme of who is Israel by examining the sociological borders of .ספר בראשית the people of Israel. This begins with a brief analysis of the term Israel in בראשית פרק לב פסוק לג A national group עַ ל כֵּן ֹלא יֹאכְלּו בְ נֵּי יִשְרָאֵּ ל אֶ ת גִיד הַ נָשֶ ה אֲשֶ ר עַ ל כַף הַ יָרֵּ ְך who follow a particular dietary עַ ד הַ יוֹם הַ זֶה כִי נָגַע בְ כַף יֶרֶ ְך יַעֲקֹב בְ גִיד הַ נָשֶ ה: law בראשית פרק מב פסוק ה A family וַיָבֹאּו בְ נֵּי יִשְרָאֵּ ל לִשְ בֹר בְ תוְֹך הַבָאִ ים כִי הָ יָה הָרָ עָ ב בְאֶרֶ ץ כְנָעַ ן: בראשית פרק מו פסוק ה A family וַיָקָ ם יַעֲקֹב מִבְאֵּ ר שָ בַ ע וַיִשְ אּו בְ נֵּי יִשְרָאֵּ ל אֶ ת יַעֲקֹב אֲבִ יהֶ ם וְאֶ ת טַפָ ם וְאֶ ת נְשֵּ יהֶ ם בָעֲגָלוֹת אֲשֶ ר שָ לַח פַרְ עֹה לָשֵּ את אֹתוֹ :

23 This metaphor is deconstructed by Maimonides.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Biblical Ger: Overview Jews, by Choice page 28 בראשית פרק מו פסוק ח A clan וְאֵּ לֶה שְ מוֹת בְ נֵּי יִשְרָאֵּ ל הַבָאִ ים מִצְרַ יְמָ ה יַעֲקֹב ּובָ נָיו בְ כֹר יַעֲקֹב רְ אּובֵּ ן:

Later, of course, Israel becomes the clear national name as well as the name for geographic territory24 and in modern times, a political state. Nevertheless, the durability of non-Israelite tribes indicates that the people and the land were never co-extensive: "Israelites" lived outside of the land and non-Israelites lived within it.25

Intermarriage in the Torah

More to the point, however, is that the kinship language (as evidenced by Biblical genealogies) and Israelite citizenship itself were passed through the male line. This is made clear through descriptions of intermarriage (exogamous marriage). Although Genesis 24:3 and 27:46 express the concern that Isaac and Jacob not marry the local women, in subsequent generations, the leaders of the people clearly intermarried. Clearly, the children of Judah (Gen 38:2), Joseph (Gen 41:45), Moses (Exod 2:21, Num 12:1), David (2Sam 3:1-3), Solomon (1Kings 11:1) are considered Israelite, and the wives (with the exception of Solomon's) are as well. That is, foreign women became Israelite by marrying an Israelite; the borders of the nation were porous.26 .includes two significant prohibitions of intermarriage ספר דברים ,On the other hand דברים פרק ז )א( כִ י יְבִ יאֲ ָך יְדֹוָדאֱֹלהֶ יָך אֶ להָ ץָארֶ ראֲשֶ האַתָ אבָ השָמָ לְרִשְתָ ּה וְ נָשַ ל גוֹיִםרַבִ ים מִ פָ נֶיָך הַחִתִ יוְהַ גִרְ גָשִ יוְהָאֱמֹרִ י וְהַכְנַעֲנִיוְהַפְרִ זִיוְהַחִ יּוִ וְהַ יְבּוסִ י שִ הבְעָ גוֹיִם רַבִ ים וַעֲצּומִ ים מִמֶ ךָ: )ב( ּונְתָ נָם יְדֹוָד אֱֹלהֶ יָך לְפָ נֶיָך וְהִ כִיתָ ם הַחֲרֵּם תַ חֲרִ ים םאֹתָ ֹלא תִ כְרֹת לָהֶםבְרִ ית וְ ֹלא תְחָ נֵּם: )ג(וְֹלא תִתְחַתֵּן בָם בִתְ ָך ֹלא תִתֵּ ןלִבְ נוֹּובִ תוֹ ֹלא חתִקַ לִבְ נֶָך: )ד(כִ י יָסִ יר אֶת בִ נְָך מֵּ יַאחֲרַ וְעָבְ דּו אֱֹלהִ ים אֲחֵּרִ ים וְחָרָ הַאף יְדֹוָד בָ כֶםוְהִשְמִ ידְ ָך מַהֵּ ר: )ה( כִ י אִ ם כֹה תַעֲשּו לָהֶ ם מִ זְבְ חֹתֵּ יהֶםתִ תֹצּו ּומַצֵּבֹתָםתְשַ בֵּ רּו וַאֲשֵּ ירֵּ הֶם תְ גַדֵּ עּוןּופְסִ ילֵּיהֶ םתִשְרְ פּון בָאֵּ ש: )ו(כִי עַ ם קָ דוֹש אַתָ ה לַידֹוָד אֱֹלהֶ יָך בְָךבָחַ ר יְדֹוָדאֱֹלהֶ יָך לִהְ יוֹת לוֹ לְעַ ם סְ גֻלָה מִ כֹל הָעַמִ ים

אדמת ישראל first appears in 1Sam 13:19. The book of Ezekiel regularly uses the term ארץ ישראל 24 (beginning with 7:2). 25 In the Persian period, the consequences of the Assyrian displacement of peoples puts the myth of a co- extensive people of Israel and land of Israel to a real test. The non-Israelites brought to the land of Israel by Esarhaddon of Assyria worshipped the God of Israel along with other gods; 2Kings 17:24-34 describes -Ezra 4:2-3 describes how non .(גירי אריות these people (Yebamot 24b, below page 61, describes them as Israelite residents of Israel approach Zerubbavel to help rebuild the Temple, but the returnees reject them. 26 Note Exodus 6:15 which refers to Saul, the son of Shimon by a Canaanite woman. This does not prevent Saul from being the eponymous ancestor of a clan in Numbers 26:13. Exogamous marriage by women is mentioned in Genesis 34 and Leviticus 24. The latter text is discussed below.

Here, however, it is clear that the prohibition of marriage (strikingly for both males and females, verse 3) is to prevent idolatry (verse 4).27 And although one might associate the verse 6) with prohibition of intermarriage,28 the ,כִ י עַ ם קָ דוֹש אַתָ ה) sanctity of the people interposition of verse 5 and the destruction of the foreign altars makes it clear that the (כִ י עַ םקָ דוֹשאַתָ ה לַידֹוָדאֱֹלהֶ יָך) sanctity refers to the relationship of God and the people which would be disrupted by idolatry. Deuteronomy 23 also contains some prohibitions of intermarriage. דברים פרק כג )ד( ֹלא יָבֹא עַ מוֹנִי ּומוָֹאבִ י בִקְ הַ ל יְדֹוָד גַם דוֹר עֲשִ ירִ י ֹלא יָבֹא לָהֶ ם בִקְ הַ ל יְדֹוָד עַ ד עוֹלָם... )ז( ֹלא תִדְ רש שְ ֹלמָ ם םוְטֹבָתָ כָל יָמֶ יָך לְ עוֹלָם: )ח( ֹלא תְתַ עֵּ ב אֲ דֹמִ י כִ י ָאחִ יָך הּוא ס ֹלא תְתַ עֵּ ב מִצְרִ י כִ י גֵּר הָ יִיתָ בְ ַארְ צוֹ : )ט( בָנִים אֲשֶ ר יִּוָלְדּו לָהֶ ם דוֹר שְ לִ ישִ י יָבֹא לָהֶ ם בִקְ הַ ל יְדֹוָד: ס

is ambiguous, but probably means "is allowed to marry an יָבֹא לָהֶ ם בִקְ הַ ל יְדֹוָד The term is a typological דוֹר עֲשִ ירִ י) Israelite. The Ammonites and Moabites are prohibited eternally number meaning forever),29 but after the third generation, Edomites and Egyptians are allowed to marry in. It is not clear what the "third generation" means. The most likely meaning is that it refers to the third generation after the conquest of the land. If that is the case, one might also read Deuteronomy 7:1's introduction to the prohibition of as (כִי יְבִ יאֲ ָך יְדֹוָד אֱֹלהֶ יָך לאֶ הָ ָארֶ ץ) intermarriage with the seven Canaanite nations temporally limited to the period of the conquest also. the resident ,גר A different reading of "third generation" is that it refers to the Biblical alien after the period of the conquest. That is, the grandchild of a resident alien Edomite or Egyptian may marry into the people of Israel. If one tries to harmonize this with other ideas we have seen, this might refer only to granddaughters, but not to grandsons. It also but women ,גרים might indicate that this limitation applies only to Edomite and Egyptian of other nationalities (excluding Ammonites and Moabites) could be absorbed immediately. as is ,גר and his place in Israelite society. The term גר This brings us to the Biblical evident from its use in Genesis 15:13 and Exodus 2:22 (the descendants of Abraham and Moshe, respectively) indicates someone who is living in a foreign land or, as in Genesis (is afforded protection from oppression (Leviticus 19:33 גר among foreigners. The ,23:4 is גר and is guaranteed social support (Leviticus 25:35). With respect to civil law, the when he violates the ,אזרח given legal protections comparable to the Israelite citizen, the law unintentionally (Numbers 15:29), but should he violate the law intentionally, like the citizen, he is expelled (Numbers 15:30).

27 Note that verse 4 is only concerned about the sons worshipping other gods. Daughters who marry out are presumed to be "out"; they will necessarily worship at the altar of their husbands. The Canaanite nations are not all wiped out and the Israelites do end up intermarrying and committing idolatry (see Judges 2:21-3:7. 28 As Ezra 9:2 configures the sanctity. 29 Note 1Kings 14:21, however, which identifies Solomon’s son Rechavam as the son of Naamah, an Ammonite.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Biblical Ger: Overview Jews, by Choice page 30 These protections are explicitly supported by the assertion of communal empathy by in Egypt (Leviticus 19:34). Implicitly, they are also גרים recalling Israel's status as supported by demands that the convert observe certain ritual prohibitions. Leviticus 17:10 is prohibited as is the Israelite.30 גר prohibits the consumption of animal blood, and the Positive ritual .שבת during Passover or work on the חמץ may not have גר Similarly, the Leviticus 23:42 specifically designates .גרים observances, however, are not intended for the holiday of Sukkot as a festival for citizens. An exception is the Passover sacrifice, may participate although he is under no obligation to do גר Exodus 12:48-49, in which a must be circumcised. Although this is גר so. As a precondition to his participation, the גר suggestive of the later conversion rite, there is no indication that the circumcised changes his status or is obligated thereupon to observe other laws. Presumably the in the Passover is to reassert the explicit obligation to protect גר permission to include the him as an enactment of the communal memory of being strangers in Egypt. create boundaries and גר Taken together, these laws about intermarriage and about the define relationships. The boundaries concerning marriage prevent idolatry (Deuteronomy 7) and reinforce cultural memories, both negative (of incest, Deuteronomy 23:4) and the foreigner, distinguish ,נכרי positive (Deuteronomy 23:8). Laws concerning the boundaries between Israel and other peoples by explicit reference to the protections which are not afforded to them, such as the release of debts (Deuteronomy 15:3) and interest-free loans (Deuteronomy 23:21).

The Persian Period

During the Persian period, attitudes toward Israelite identity shifted dramatically.31 The .became much more particularistic ,בני גולה experience of the exiles to Babylonia, the Perhaps the experience of maintaining their identity in exile was key to their establishing a group identity. Certainly the fact that those who were exiled to Babylonia both in 597 and 586 BCE were among the leadership of the people led to a certain class consciousness. Historians often cite the shaping and collecting of Biblical traditions as .from those who remained in the land בני גולה something that clearly distinguished the In any case, upon their return to what was the Persian province of Yehud, it was clear that they saw themselves as distinct from the Israelites who had remained, and this was expressed quite vividly in the conflict over intermarriage. Ezra 9 reports how leaders of the people had intermarried with non-Israelite locals and Ezra's angry reaction. Ezra 10:3 reports the suggestion of Shekhaniah ben Yechiel to Ezra: וְעַתָה נִכְרָת בְרִ יתלֵּאֹלהֵּ ינּו לְ הוֹצִ יא כָל נָשִ יםוְהַ נוֹלָד מֵּהֶםבַעֲצַ תאֲ דֹנָי וְהַחֲרֵּדִים בְמִצְ וַתאֱֹלהֵּ ינּו וְכַתוֹרָ ה יֵּעָשֶ ה:

is more complex. In Deuteronomy 14:21, the ,נבלות ,The case of eating animals which die naturally 30 for free, or the carcass can be נבלות is permitted to eat גר but the ,נבלות and may not eat קדוש people are Of course, eating .נבלות are permitted to eat גרים sold to a foreigner., in Leviticus 17:15, both Israelites and have the same remedy of גר leads to a state of cultic impurity; still, both the Israelite and the נבלה וטרפה the washing and immersing.. 31 Another theological development during the Persian period is an emphasis on God’s universal role and the perception of God by non-Israelites. Note Malachi 1:5, 11.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Biblical Ger: Overview Jews, by Choice page 31 And now, let us establish a covenant to our God to expel all the women and the children born of them, in accordance with the counsel of my lord and of those who fear the commands of our God. Let it be done according to the Torah. This passage makes two startling claims. In the previous texts, foreign women were simply absorbed into Israel and their children were Israelites. To make a call to expel them is quite exceptional. In addition, Shekhaniah claims that this action is in accordance with the Torah. This latter claim apparently results from Ezra's arguments in chapter 9 (and especially verses 1-2 and 10-12) which repurpose the language of Deuteronomy 7 and 23 to make a much more particularistic claim than what those passages meant originally.32 Leviticus 21:14-15 requires the kohen gadol to marry from among his people lest his seed be profaned. Ezekiel 44:22 extends this prohibition to all kohanim. Ezra's the holy seed of Israel, extends the prohibition even further ,זרע הקדש focus on the idea of to all of Israel. Ezra 10 continues with a plan to force all of those who had married foreign wives to assemble locally and expel the wives.33 Interestingly, Ezra 10:15 notes some slight opposition to the plan; more telling, however, is that after including a long list of the offending men, nothing is said to indicate that they actually divorced their wives or disowned their children. The official voice in the book of Ezra indicates that the Persian period gave rise to a much more particularist voice within Israelite religion. It is also quite clear many leaders of the people disagreed, including those who had intermarried as well as those who explicitly opposed the plan to force the expulsion of the wives. If the silence of the end of Ezra 10 is an indication of the failure of the plan to expel the wives, then clearly, these reforms did not have popular support. The book of Ezra records both voices.34 The book of Ruth presents another counter-voice to the particularist claims of Ezra. Most scholars date the book of Ruth to the Persian period.35 During the same period in which Ezra and his followers oppose intermarriage, the book of Ruth idealizes the piety of a Moabite woman. In addition to the passage from Deuteronomy 23 which we saw above, the seductiveness of the Moabite women in Numbers 25:1-4 should make Ruth a particularly non-desirable partner. 36 But not only is she brought into the family of Elimelech, but Ruth is named as the ancestor of David37 (and through him of the

32 Ezra envisions the return from exile as parallel to the exodus from Egypt, and so the return to the land may be seen as a warrant to re-use the laws which were initially intended for the initial conquest of the land. See below in "Teaching Ideas". 33 Note other late Biblical expressions of particularism connected with the Temple: Ezek 44:6ff., Mal 2:11. 34 Peter H.W. Lau, “Gentile Incorporation into Israel in Ezra - Nehemiah?”, Biblica, Vol. 90 (2009) 356- 373 (http://www.bsw.org/Biblica/Vol-90-2009/Gentile-Incorporation-Into-Israel-In-Ezra- Nehemiah/24/article-p356.html ) argues that Ezra 6:21 and Neh 10:29 which refer to the “those who separated from the impurities of the gentiles of the land” (Ezra) or “those who have separated themselves from the nations of the land towards the Torah of God” refers to proselytes. His reading is extremely unlikely given that the context in both cases is a strong separatist message. A much more likely reading is that these passages refer to those of the non-exiled Israelites who had not intermarried. 35 See recently, Character Complexity in the Book of Ruth, by Kristin Moen Saxegaard who notes that dating Ruth is debated but nonetheless prefers a Persian period dating. 36 See also Gen 19:36-38 and Nehemiah 13:1-3, 23-31 which specifically refers to people marrying .(יהודית) Ammonite and Moabite women and children of Judean men who didn't know the Judean language 37 The geneaology is not mentioned in 1Sam 16, but the descent from Boaz appears in both Ruth 4 and 1Chron 2:11ff. Chronicles is also a Persian period document.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Biblical Ger: Overview Jews, by Choice page 32 Messiah). Clearly, the author of Ruth believes in far more porous borders for the people of Israel than does Ezra or even Deuteronomy. That Ruth was written in the Persian period is more than historically interesting. One might argue that the extreme position expressed in Ezra generated a similarly extreme response in the opposite direction. But even if one does not accept this dating of Ruth, one still faces a TaNaKh which preserves very different claims about intermarriage and about how whether non-Israelites can become part of the people of Israel.38 Traditionally, Ruth is seen as the archetype for conversion, and the language of Ruth, chapter 1, is mapped by the Amoraim onto the rabbinic conversion process. Nevertheless, there is no formal conversion in the book of Ruth. During the Persian period there may have been non-Jews who attached themselves to the Jewish people (cf. Esther 8:17, Isaiah 56:3-7, Zechariah 2:15 )39, but Ruth continues to be identified as a Moabite even after her supposed conversion (1:22, 2:2, 2:6, 2:21, and 4:5). As we will see, actual conversion does not emerge until the Hasmonean period. The Bible, then, is not simply the source of prooftexts for later interpretations but also includes significant responses to earlier aspects of the tradition. Both Ezra and Ruth respond and recontextualize the laws of intermarriage in Deuteronomy. And as the Bible preserves a multivocality about Israel's particularistic and universalistic trends, so later texts will follow the Bible's model, refusing to resolve these tensions.

Enduring Understandings This unit continues to expand the ways in which students construct the meaning of previously introduced enduring understandings 1. Judaism is both a religion and a people ...... p. 15

2. Culture is a filter for experience...... p. 15

Judaism as people The exploration of the meaning of the word Israel and the establishment of the kinship metaphor is crucial to Israel's self-conception as a nation—born of the same people with a common historical experience. At the same time, it is the experience of separation from the Land of Israel in the Babylonian exile that sees the beginning of Israel's development as a religion. Israel never loses its sense of being a people, and indeed, in this period, the emergence of Ezra's conception of a genealogically pure people takes this conception to an extreme that later Judaism eschewed. Cultural filters and highlights Many of the observations made during this unit seem obvious, but our own culture's experience with intermarriage and perhaps even more saliently, with arguments against intermarriage, tends to obscure our awareness that Biblical Israel was rarely endogamous.

38 As Ruth assimilates the unassimilable Moabite, Yonah, which is also dated to the Persian period, rehabilitates the harshest enemy of Biblical times, the Assyrians. Both reflect a universalist voice. 39 One might, however, relegate the description in Esther to that of fantasy and the passages in Isaiah and Zechariah to the eschatological future. Zechariah 8:23 and 14:19 are clearly eschatological.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Biblical Ger: Overview Jews, by Choice page 33 And while the broad cultural awareness of Ruth as the archetypal convert of Rabbinic thought has already been highlighted by Ophir Yarden (p. 14) , it takes clear thinking and reading to unearth the universalistic polemic that underlies the idea that David (and the Messiah) descend from a marriage with a Moabite, prohibited by Deuteronomy 23. This unit also introduces three new enduring understandings: 3. Social boundaries serve cultural ideals. 4. Multivocality in a tradition expresses unresolved cultural tensions. 5. Judaism is both universalistic and particularistic. Boundaries reflect cultural ideals The categories used by the Biblical text deeply encode the values of Israelite society. Use of kinship language ties the people together. Prohibitions on intermarriage with the associated fear of being dragged into idolatry ties together the Israelite sense of uniqueness with its fidelity towards God. The different attitudes in Biblical texts towards the acceptance of foreign women as wives reflect different levels of concern about how individual family ties can affect national culture. The category of the Biblical ger (especially when contrasted with the nokhri) presents a special case in which Israel's own history as strangers in Egypt mandates a particular treatment of people on the borders of Israelite society. Multivocality is an expression of unresolved tension At the same time, gaps in the visions of how those boundaries should be defined reflect an ongoing dialectic between the voices of universalism and the voices of particularism in Israelite culture. Torah texts are not consistent concerning the laws governing the ger, and the gap in perspective about intermarriage between Ezra and Ruth reflect this unresolved tension. Multivocality also appears in the ways in which later texts reread and re-appropriate earlier texts. Universalism and Particularism Much of Israel's universalist message is reserved for the end-time, and certainly, images of Messianic times are much more universalist than descriptions of Jewish society in the Bible's present. Nevertheless, the Bible preserves both the particularist vision of Ezra and the universalist story of Ruth; was that story seen as an expression of a universalist ideology by those whom Ezra condemned for intermarriage?

Essential Questions How does a tradition authentically reshape its sources? How does the balancing of different, conflicting values both shape and express identity?

Potential Learning Objectives Biblical Ger Cognitive Process Dimension Knowledge Particular 1.0 Remembering 2.0 Understanding 3.0 Applying 4.0 Analyzing 5.0 Evaluating 6.0 Dimension Content Creating Recalling the terms 2.6 Comparing the rights 3.0 Applying 4.1 Differentiating 1.2 גר, אזרח, נכרי :Factual and מצות עשה and laws and responsibilities of these categories between גר, אזרח, נכרי terminology as applied מצות לא תעשה particular to the these different categories to the case of גר in Lev. to the מקלל various categories in TaNaKh the 24 Factual: Persian period 1.2 Recalling which 2.3 Classifying different 4.2 Organizing different chronology texts are pre-exilic and "boundary definitions" universalist and particu- which are from the within a particular larist texts according to Persian period historical period chrono-logical criteria Conceptual: patrilineal 1.1 Recognizing how 4.1 Differentiating principles descent different texts provide between the Biblical evidence for patrilineal patrilineal descent and descent in Biblical contemporary ways of Israel defining descent Conceptual: reinterpretation/ 1.1 Recognizing re-use 2.2 Exemplifying ways 5.0 Evaluating structures re-use of Devarim's language in which Torah laws are Shekhaniah's claim by Ezra extended or apparently that the expulsion of ignored in Persian period foreign wives is texts according to the Torah Metacog- conflicts of 5.1 Checking the ways nitive:self- values in which universalism knowledge and particularism may still be a live conflict

Teaching Ideas The study of these TaNaKh texts has two distinct goals. The first is to establish how Israel defined its borders during its earliest stages; the second is to introduce texts which will be re-used in later literature. There are more texts that could be used than those mentioned above, but they serve as a good starting point. 1Kings 11 about Solomon's wives is especially important since they are specifically mentioned as continuing to worship their foreign gods, and this presents several interesting challenges for later rabbinic interpreters. .can introduce the concept of the protected resident alien גר The following texts on the i. בראשית פרק טו פסוק יג וַיֹאמֶ ר לְַאבְרָ ם יָדֹעַ תֵּדַ ע כִ י גֵּר יִהְ יֶה זַרְ עֲָך בְאֶרֶ ץ ֹלא לָהֶ ם וַעֲבָ דּום וְעִ נּו אֹתָ ם ַארְ בַ ע מֵּ אוֹת שָ נָה: ii. בראשית פרק כג פסוק ד גֵּר וְ תוֹשָ ב ָאנֹכִ י עִמָ כֶם תְ נּו לִי אֲחֻזַת קֶ בֶ ר עִמָ כֶם וְאֶקְ בְרָ ה מֵּתִ י מִ לְפָ נָי: iii. שמות פרק ב פסוק כב וַתֵּ לֶד בֵּ ן וַיִקְרָ א אֶ ת שְ מוֹ גֵּרשֹם כִ י ָאמַ ר גֵּר הָ יִיתִ י בְאֶרֶ ץ נָכְרִ יָה: פ iv. ויקרא פרק יט פסוקים לג-לד וְכִ ייָגּור אִתְ ָך גֵּר בְ ַארְ צְ כֶםֹלא תוֹנּו אֹתוֹ: כְאֶ זְרָ ח מִ כֶם יִהְ יֶה לָכֶם הַ גֵּר הַ גָר אִתְ כֶם וְ ָאהַבְתָ לוֹכָמוָֹך כִי גֵּרִ ים הֱיִיתֶםבְאֶרֶ ץמִצְרָ יִם אֲנִי יְדֹוָדאֱֹלהֵּ יכֶם: v. ויקרא פרק כה פסוק לה וְכִ י יָמּוְך ָאחִ יָך ּומָטָ ה יָדוֹ עִמָ ְך וְהֶחֱזַקְתָ בוֹ גֵּר וְ תוֹשָ ב וָחַ י עִמָ ְך: vi. במדבר פרק טו פסוק כט-ל הָאֶ זְרָ ח בִבְ נֵּי יִשְרָאֵּ ל וְלַגֵּר הַ גָר בְ תוֹכָם תוֹרָ ה ַאחַ ת יִהְ יֶה לָכֶם לָעֹשֶ ה בִשְ גָגָה: וְהַ נֶפֶ ש אֲשֶ ר תַ עֲשֶ ה בְ יָד רָמָ ה מִ ן הָאֶ זְרָ ח ּומִ ן הַ גֵּר אֶ ת יְדֹוָד הּוא מְ גַדֵּ ף וְנִכְרְתָ ה הַ נֶפֶ ש הַהִ וא מִקֶרֶ ב עַמָ ּה: vii. שמות פרק יב פסוק יט, מח-מט )יט( שִ בְעַ ת יָמִ ים שְ אֹר ֹלא יִמָצֵּ א בְבָתֵּ יכֶם כִ י כָל אֹכֵּל מַחְמֶצֶ ת וְנִכְרְתָ ה הַ נֶפֶ ש הַהִ וא מֵּעֲדַ ת יִשְרָאֵּ ל בַ גֵּר ּובְאֶ זְרַ ח הָ ָארֶ ץ: .... )מח( וְכִ י יָגּור אִתְ ָך גֵּר וְעָשָ ה פֶסַ ח לַידֹוָד הִ מוֹל לוֹ כָל זָכָר וְ ָאז יִקְרַ ב לַעֲשֹתוֹ וְהָ יָה כְאֶ זְרַ ח הָ ָארֶ ץ וְכָל עָרֵּ ל ֹלא יֹאכַל בוֹ : )מט( תוֹרָ ה ַאחַ ת יִהְ יֶה לָאֶ זְרָ ח וְלַגֵּר הַ גָר בְ תוֹכְכֶם: viii. ויקרא פרק יז פסוק י וְאִ יש אִ יש מִ בֵּ ית יִשְרָאֵּ ל ּומִ ן הַ גֵּר הַ גָר בְ תוֹכָם אֲשֶ ר יֹאכַל כָל דָ ם וְ נָתַתִ י פָ נַי בַ נֶפֶ ש הָאֹכֶלֶת אֶ ת הַדָ ם וְהִ כְרַתִ י אֹתָ ּה מִקֶרֶ ב עַמָ ּה: ix. דברים פרק ה יב-יד )יב( שָ מוֹראֶ ת יוֹםהַשַ בָ תלְקַדְ שוֹ כַאֲשֶ רצִּוְ ָך יְדֹוָדאֱֹלהֶ יָך: )יג( תשֵּשֶ יָמִים תַ עֲבֹד וְעָשִיתָ כָל מְ לַאכְתֶ ָך: )יד( וְיוֹםהַשְבִיעִ י שַ תבָ לַידֹוָד אֱֹלהֶ יָך ֹלא תַ עֲשֶ ה כָלמְ לָאכָה אַתָ ה ּובִ נְָךּובִתֶ ָךוְעַבְדְ ָך וַאֲמָתֶ ָך וְ שוֹרְ ָך וַחֲמֹרְ ָך וְכָל בְהֶמְתֶ ָך וְ גֵּרְ ָך אֲשֶר בִשְ עָרֶ יָך לְמַעַ ןיָנּוחַ עַבְדְ ָךוַאֲמָתְ ָך כָמוָֹך: x. דברים פרק יד כא ֹלא תֹאכְ לּו כָל נְבֵּלָה לַגֵּר אֲשֶרבִשְ עָרֶ יָך תִתְ נֶנָה וַאֲכָלָּה אוֹ מָ כֹר לְנָכְרִ י כִ י עַ ם קָ דוֹש האַתָ לַידֹוָד אֱֹלהֶ יָך ֹלא תְ לבַשֵּ יגְדִ בַחֲ לֵּב אִ מוֹ:

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Biblical Ger: Teaching Ideas Jews, by Choice page 36 the nature of ,גר These texts are loosely grouped, dealing first with the definition of the his protections, and then concluding with his responsibilities. Ezra’s use of the Torah It is especially useful for for the students to gain familiarity with the language of Deuteronomy 7 and 23 if one wants to focus on how Ezra 9 repurposes Deuteronomy's language. After having studied the passages from Deuteronomy, students can be given these selected verses from Ezra 9 and asked to find parallel uses of language. A somewhat easier assignment is to cut out the verses from Deuteronomy and have students paste the verses on a piece of paper where the passages from Ezra are reproduced. The goal would be to produce a chart like the one below. The example from Leviticus 18:27 (and Ezra 9:10) can be given as an example.40 ספר עזרא פרק ט דברים ז א( ּוכְכַלוֹתאֵּ לֶה נִגְשּו אֵּ לַי הַשָרִ ים לֵּאמֹר )א( וְ לנָשַ גוֹיִם רַבִ ים מִ פָ נֶיָך הַחִתִ י וְהַ גִרְ גָשִ י ֹלא נִבְדְ לּו םהָעָ יִשְרָאֵּ לוְהַ כֹהֲנִים וְהַלְוִיִםמֵּעַמֵּ י וְהָאֱמֹרִ י וְהַכְנַעֲנִיוְהַפְרִ זִיוְהַחִ יּוִ וְהַ יְבּוסִ י הָאֲרָ צוֹת כְתוֹעֲבֹתֵּ יהֶ ם לַכְנַעֲנִי הַחִתִ י הַפְ רִ זִי הַ יְבּוסִ י

הָעַמֹנִי הַ מָֹאבִ י: דברים כג )ד( ֹלא יָבֹא עַ מוֹנִי ּומוָֹאבִ י בִקְ הַ ל יְדֹוָד גַם דוֹר עֲשִ יירִ ֹלא יָבֹא לָהֶם בִקְ הַ ל יְדֹוָד עַ ד עוֹלָם... הַמִצְרִ י וְהָאֱמֹרִ י דברים כג )ח(ֹלא תְתַ עֵּ באֲ דֹמִ יכִ יָאחִ יָךהּוא ס ֹלא תְתַ עֵּ ב ימִצְרִ יכִ גֵּר הָ יִיתָ בְ ַארְ צוֹ:)ט( בָנִים אֲשֶ ריִּוָלְדּו לָהֶ ם דוֹ ר שְ לִ ישִ י יָבֹא לָהֶ ם בִקְ הַ ל יְדֹוָד: ב( כִי נָשְ אּו מִבְ נֹתֵּ םיהֶ םלָהֶ וְלִבְ נֵּיהֶ ם דברים ז )ג( בִתְָך ֹלא תִתֵּ ןלִבְ נוֹּובִ תוֹ ֹלא חתִקַ לִבְ נֶָך וְהִתְ עָרְ בּו עזֶרַ הַ קֹדֶש בְעַמֵּ י הָאֲרָ צוֹת דברים ז וְ יַד הַשָרִ ים וְהַסְ גָנִים הָ יְתָ ה בַמַעַ ל הַ זֶה רִ אשוֹנָה: )ו( כִ י עַ םקָ דוֹשאַתָ ה לַידֹוָדאֱֹלהֶ יָך י( וְעַתָ ה המַ נֹאמַ ר אֱֹלהֵּ ינּו יַאחֲרֵּ זֹאת יכִ עָ זַבְ נּו דברים ז מִצְ וֹתֶ יָך: )א( הָ ץָארֶ ראֲשֶ האַתָ אבָ השָמָ לְרִשְתָ ּה יא( אֲשֶ רצִּוִיתָ בְ יַדעֲבָדֶ יָך הַ נְבִ יאִ ים לֵּאמֹר הָ ָארֶ ץ אֲשֶ ר אַתֶם בָאִ ים לְרִשְתָ ּה ץאֶרֶ הנִדָ הִיא בְ תנִדַ עַמֵּ י הָאֲרָ צוֹת ויקרא יח בְ תוֹעֲבֹתֵּ יהֶ םאֲשֶ רמִ לְאּוהָ מִ הפֶ אֶל פֶה בְטֻמְָאתָ ם: )כז( כִיאֶ ת כָלהַ תוֹעֵּבֹת הָאֵּ לעָ שּו יַאנְשֵּ הָ ָארֶ ץ אֲשֶ רלִפְ נֵּיכֶם אוַתִטְמָ הָ ָארֶ ץ יב( וְעַתָה בְ נוֹתֵּ יכֶם ַאלתִתְ נּולִבְ נֵּיהֶ םּובְ נֹתֵּ יהֶ ם דברים ז ַאל תִשְ אּו לִבְ נֵּיכֶם )ג( בִתְָך ֹלא תִתֵּ ןלִבְ נוֹּובִ תוֹ ֹלא חתִקַ לִבְ נֶָך וְ ֹלא תִדְרְ שּו שְ ֹלמָ ם וְ טוֹבָתָ ם עַ ד עוֹלָם דברים כג לְמַעַ ן תֶחֶ זְקּו וַאֲכַלְתֶ םאֶ תטּוב הָ ָארֶ ץ וְ הוֹרַשְ תֶ ם )ז( ֹלא תִדְ רש שְ םֹלמָ םוְטֹבָתָ כָל יָמֶ יָך לְ עוֹלָם לִבְ נֵּיכֶם עַ ד עוֹלָם:

40 Making sure all of the rows are the same height will make it so the students don’t use the height as a clue to match the different passages.

Ezra 9 1When this was over, the officers Deuteronomy 7 1When the Lord your God approached me, saying, “The people of brings you to the land that you are about to Israel and the priests and Levites have enter and possess, and He dislodges many not separated themselves from the nations before you—the Hittites, peoples of the land whose abhorrent Girgashites, Amorites, Canaanites, practices are like those of the Canaanites, Perizzites, Hivites, and Jebusites, the Hittites, the Perizzites, the Jebusites, the Ammonites, the Moabites, Deuteronomy 23 4No Ammonite or Moabite shall be admitted into the congregation of the Lord; none of their descendants, even in the tenth generation, shall ever be admitted the Egyptians, and the Amorites. Deuteronomy 23 8 Do not abhor the Edomite, for he is your brother. Do not abhor an Egyptian for you were a stranger in his land. 2They have taken their daughters as Deuteronomy 7 3You shall not intermarry wives for themselves and for their sons, with them: do not give your daughters to their sons or take their daughters for your sons. so that the holy seed has become Deuteronomy 7 6For you are a people holy intermingled with the peoples of the land; to the Lord your God: of all the peoples on and it is the officers and prefects who earth the Lord your God chose you to be have taken the lead in this trespass.” … His treasured people. 10 “Now, what can we say in the face of Deuteronomy 7 1When the Lord your God this, O our God, for we have forsaken 11 brings you to the land that you are about to Your commandments, which You gave enter and possess, us through Your servants the prophets when You said, ‘The land that you are about to possess is a land unclean through the uncleanness Leviticus 18 27for all those abhorrent of the peoples of the land, through their things were done by the people who were abhorrent practices with which they, in in the land before you, and the land their impurity, have filled it from one end became defiled. to the other.

12 Now then, do not give your daughters Deuteronomy 7 3You shall not intermarry in marriage to their sons or let their with them: do not give your daughters to daughters marry your sons; their sons or take their daughters for your sons. do nothing for their well-being or Deuteronomy 23 7You shall never concern advantage, then you will be strong and yourself with their welfare or benefit as long as you live.

After concluding an analysis of the parallel language, students should review what the passages in Deuteronomy 7 and 23 meant and what the Torah's assumptions about intermarriage were and then compare them with the focus of Ezra 9. Particularly into Ezra 9:2's עם קדוש important is the transformation of Deuteronomy 7:6's reference to which has a conception of the genealogical purity and holiness ,זרע הקדש conception of of the Jewish people. Deuteronomy prohibits intermarriage because it leads to idolatry; Ezra prohibits it because intermarriage pollutes the people of Israel. Don't assume that students understand the dynamics of the re-use of Biblical materials just because they may have studied some midrash. Students will still see Ezra as part of the TaNaKh. It is common to refer to this self-referential, internal Biblical commentary as "inner-Biblical midrash". I would emphasize that the response and re-use of tradition is part of the Bible and that midrash is an outgrowth of that same phenomenon.41 Persian Period Seeing Ezra and Ruth as distinct responses to the challenges of being part of a global empire can be particularly helpful. The Persian empire existed for the purposes of trade. Two of the major accomplishments were the institution of a uniform currency and building of trade routes through the Royal Road (see the map, below) and sea commerce with Greece through the many Mediterranean ports on the coast of Yehud. Although some historians describe the province of Yehud as a backwater, both material culture and these conflicts over identity are best understood as the conflict between an insular community of returning Babylonian exiles and the local population in Judea which had broader exposure to the international community.

41 In Intertextuality and the Reading of Midrash, Daniel Boyarin makes a strong case that the mythic term "Oral Torah" be taken seriously, in that midrash constitutes a literature and a literary form continuous with Scripture. "Speaking of 'inner-biblical midrash,' which is practically a commonplace of modern biblical study, seems to me rather putting the cart before the horse. Rather we should understand midrash as post-biblical Scripture—or as the rabbis called it, 'Oral Torah.'" (p. 134 n. 47)

Historical Atlas, W. R. Shepherd, 1923 Assessment

Unseen text

In line with learning outcomes that emphasize the ability to apply legal and theological principles to new situations, many of the major assessments for "Jews, by Choice" are structured around the analysis of unseen texts.42 Although students may be familiar with some of the Biblical texts, they are unlikely to have analyzed the texts in light of the issues studied. A brief unseen might be Deuteronomy 16:10-12: דברים טז 10Then you shall observe the Feast of Weeks for )י( וְ עָשִיתָ חַ גשָ בֻעוֹת לַיקֹוָקאֱֹלהֶ יָך the Lord your God, offering your freewill תמִסַ נִדְ תבַ יָדְ ָך אֲשֶר ןתִתֵּ רכַאֲשֶ יְבָרֶ כְ ָך contribution according as the Lord your God has יְקֹוָקאֱֹלהֶ יָך: blessed you. 11You shall rejoice before the Lord your God with your son and daughter, your male )יא( וְשָמַחְתָ לִפְ נֵּי יְקֹוָקאֱֹלהֶ יָך אַתָ ה ּובִ נְָך ּובִתֶ ָך וְעַבְדְ ָךוַאֲמָתֶ ָך וְהַ לֵּוִ י אֲשֶ ר and female slave, the Levite in your בִשְ עָרֶ יָך וְהַ גֵּר וְהַ יָתוֹם וְהָ ַאלְמָ נָה אֲשֶ ר communities, and the stranger, the fatherless, and בְקִרְ בֶָךבַמָ קוֹםאֲשֶ ריִבְחַ ר יְקֹוָקאֱֹלהֶ יָך the widow in your midst, at the place where the לְשַ כֵּן שְ מוֹ שָ ם: .Lord your God will choose to establish His name 12Bear in mind that you were slaves in Egypt, and )יב( וְ זָכַרְתָ כִ י עֶבֶ ד הָ יִיתָ בְמִצְרָ יִם וְשָמַרְתָ וְעָשִיתָ תאֶ הַחֻקִ ים הָאֵּ לֶה: פ (take care to obey these laws. (NJPS in this text to other texts they have גר Students could be asked to compare the case of the seen. A good answer would necessarily compare this case to the case of Passover in is a שמחה Exodus 12. A better answer would also include some kind of recognition that but that there is no indication that he participates in any ,גר kind of social support for the positive, performative obligation.

42 Daily quick assessments for the beginning of class (“starters”) should include low level questions about the dynamics of texts studied in class or outside of class, but can also include a single, well-defined thought question. The nature of the starter should match the instruction at the beginning of the class, so language or textual logic questions are better when class begins with or quickly moves to hevrutah study.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Biblical Ger: Teaching Ideas Jews, by Choice page 40 A better but longer assessment would be Leviticus 24, the case of the blasphemer. This text requires the student to apply what he has learned 1) about Biblical patrilineal descent, and 2) the idea that the ger is held responsible for certain core behaviors. (Translation by E. Fox)

ויקרא פרק כד Now the son of an Israelite woman went out 10 )י( וַיֵּצֵּ א בֶ ן אִשָ ה יִשְרְ אֵּלִ ית —he was the son of an Egyptian man— וְ הּוא בֶ ן אִ יש מִצְרִ י ;amid the Children of Israel בְ תוְֹך בְ נֵּי יִשְרָאֵּ ל ,and they scuffled in the camp וַיִנָצּו בַמַחֲ נֶה בֶ ן הַ יִשְרְ אֵּלִ ית וְאִ יש הַ יִשְרְ אֵּלִ י: .the son of the Israelite-woman and an Israelite man )יא( וַיִקֹב בֶ ן הָאִשָ ה הַ יִשְרְ אֵּלִית אֶ ת הַשֵּ ם Now the son of the Israelite woman reviled the 11 וַיְקַ לֵּל Name, and insulted (it), so they brought him to וַיָבִ יאּו אֹתוֹ אֶ ל מֹשֶ ה Moshe וְשֵּ ם אִ מוֹ שְ ֹלמִ ית בַ ת דִבְרִ י לְמַטֵּ ה דָ ן: now the name of his mother (was) Shelomit— )יב( וַיַנִיחֻהּו בַמִשְ מָ ר לִפְ רֹש לָהֶ ם —daughter of Divri, of the tribe of Dan עַ ל פִ י יְדֹוָד: פ and they put him under guard, to clarify it for 12 )יג( וַיְדַ בֵּ ר יְדֹוָד אֶ ל מֹשֶ ה לֵּאמֹר: them by order of YHWH. )יד( הוֹצֵּ א אֶ ת הַמְקַ לֵּל אֶ ל מִ חּוץ לַמַחֲ נֶה :And YHWH spoke to Moshe, saying 13 וְסָמְ כּו כָל הַ שֹמְעִ ים אֶ ת יְדֵּ יהֶ ם עַ ל רֹאשוֹ ,Take-out the insulter, outside the camp 14 וְרָ גְמּו אֹתוֹ כָל הָעֵּדָ ה: let all those who heard (the curse) lean their hands on his head and let the entire community pelt him! )טו( וְאֶ ל בְ נֵּי יִשְרָאֵּ ל תְדַ בֵּ ר לֵּאמֹר ,And to the Children of Israel you are to speak 15 אִ יש אִ יש כִ י יְקַ לֵּל אֱֹלהָ יו וְ נָשָ א חֶטְ אוֹ : :saying Any-man, any-man that insults his god— )טז( וְנֹקֵּ ב שֵּ ם יְדֹוָד מוֹת יּומָ ת !he shall bear his sin רָ גוֹם יִרְ גְמּו בוֹ כָל הָעֵּדָ ה But whoever reviles the name of YHWH 16 כַגֵּר כָאֶ זְרָ ח ,is to be put-to-death, yes, death בְ נָקְ בוֹ שֵּ ם יּומָ ת: ;the entire community is to pelt, yes, pelt him as the sojourner, so the native, when he reviles the Name, he is to be put-to-death!

The unseen text can be accompanied with specific questions or, in a much more challenging mode, the student can be asked to comment on whatever is relevant, based on the texts they have already seen. In the latter case, the student should be able to identify because the text would not have bothered with his ,אזרח that the blasphemer is not an genealogy if he were. On the other hand, verse 16 clearly repeats the exact sin which the blasphemer committed in verse 11. His punishment in verse 14 matches up with the This, of .גר it is clear that he is a ,אזרח punishment declared in verse 16. Since he is not an course, fits with a patrilineal conception.

Essay

Another assessment may be a brief essay in which the students are given the text of Ezra 10:1-3 (quoted above in the Teacher's Commentary), and asked to assess how it is that Shekhaniah can claim that the expulsion of the foreign wives is according to the Torah. In such an essay, the best responses would explain both how Ezra 9 is "traditional" and also how it diverges from the plain meaning of the text it re-uses. Formulated this way, the essay becomes an opportunity to think about the use and re-use of tradition.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Biblical Ger: Teaching Ideas Jews, by Choice page 41 Alternatively, the essay can be much more open-ended. "You are in Jerusalem when Ezra confronts the people. Shekhaniah says וְעַתָה נִכְרָת בְרִ ית לֵּאֹלהֵּ ינּולְ הוֹצִ יאכָל נָשִ יםוְהַ נוֹלָד מֵּהֶםבַעֲצַ תאֲ דֹנָיוְהַחֲרֵּדִים בְמִצְ וַת אֱֹלהֵּ ינּו וְכַתוֹרָ ה יֵּעָשֶ ה: And now, let us establish a covenant to our God to expel all the women and the children born of them, in accordance with the counsel of my lord and of those who fear the commands of our God. Let it be done according to the Torah. How would you respond to Shekhaniah? Respond to him in terms of the claim that he makes, his conception of the policy needs of the Jewish people at this point, and your own conception of what is needed. Make sure you reread the passage in Ezra as well as any other texts you think are relevant and cite all the passages from the Bible that support your position.43 If the essay is formulated this way, it allows personal responses as well as responses to the claim that Ezra's policy is from the Torah. This should be done with care, because students may not have the ability (or inclination) to put Ezra's claim (and Shekhaniah's acceptance of the authority of that claim) into the context of Israel's midrashic tradition.

idea with the more limited prohibitions of intermarriage in זרע הקדש Typical answers contrast Ezra’s 43 Devarim 7 and 23. A unique response justified Shekhaniah by stating that Hagar and Ishmael were both expelled in order to make space for the Jewish child of the Jewish parents Abraham and Sarah.

3. The Origins of Conversion: Proselytes in the Hellenistic period

Overview Students analyze Josephus's descriptions of the conversion of the Idumeans, the conversion of the royal house of Adiabene, and Josephus’s arguments about conversion as a defense against claims of Jewish xenophobia. Students discuss the implications of Hasmonean forced conversions as well as evidence of a Jewish missionary movement.

A Commentary for Teachers This unit introduces several crucial understandings for the student about the history of conversion and also presents a wide range of opportunities to assess the impact of Jewish historical models on contemporary Jewish identity. The unit begins with the first clear cases of political conversion in which the Idumeans convert to becoming Judeans. The unit continues with a defense against anti-Jewish claims that Judaism is xenophobic and "churlish" by using conversion as an example of Israel's universalism. Finally, students study the fascinating case of conversion of the royal house of Adiabene which raises two fascinating issues: 1) were Jews engaged in actively seeking converts during the Second Temple period, and 2) how do we understand the ambiguity of status change. Along the way, we must also deal with the presence of women in these narratives. Judaism during the Second Temple period produced a wide range of documents, many of which are relevant to the boundaries which Jews erected and broke down between themselves and the non-Jewish world which surrounded them. Books like Jubilees seem to follow along the particularistic strain introduced earlier by Ezra and Nehemiah. Books like Joseph and Aseneth make conversion a necessary condition preceding what would have been a forbidden intermarriage. These two books, however, written most likely in the third century BCE in Israel and in first century BCE Egypt may also reflect the substantial gap in the experience of Jews in the Land of Israel and in the Diaspora as well as a chronological gap. For pedagogical clarity, the primary texts for this unit are all selected from the Jewish historian Josephus.44 These sources are diverse, and provide different perspectives on conversion during this period. The first clear examples of conversion come from the Hasmonean period. Under the reign of John Hyrcanus, the Hasmonean kingdom expanded its territory to lands east of the Jordan river.

Josephus, Antiquities of the Jews 13: 254ff

But when Hyrcanus heard of the death of Antiochus, he presently made an expedition against the cities of Syria, hoping to find them destitute of fighting men, and of such as were able to defend them…. Hyrcanus took also Dora and Marissa, cities of Idumea, and subdued all the

44 Academically, this is justified considering the significance of Josephus to our general understanding of Second Temple Judaism. Pedagogically, introducing a wider range of documents of different provenance can seriously confuse the student.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Hellenistic Period: Overview Jews, by Choice page 43 Idumeans; and permitted them to stay in that country, if they would circumcise their genitals, and make use of the laws of the Jews; and they were so desirous of living in the country of their forefathers, that they submitted to the use of circumcision, and of the rest of the Jewish ways of living; at which time therefore this befell them, that they were hereafter no other than Jews. Jewish national identity or more precisely, Judean national identity was clearly tied to the land of Judea.45 When the Hasmoneans opportunistically expanded this territory, they were faced with the quandary of how to integrate the new population.46 Conversion was the price of remaining in this land. As described by Josephus, this included both circumcision47 and observance of Jewish law. This is not the same as the Biblical ger- toshav who observed only the prohibitive laws; the Idumeans were circumcised and followed the other laws. This text also raises the issue of motivations for conversion. Other evidence from Josephus indicates that this forced conversion was not particularly successful.48 The second text from Josephus is actually part of an apologetic text defending the Jews against charges of misanthropy and xenophobia.

Against Apion 2.

209 The consideration that our legislator gave to the kindness to be shown to foreigners is also worth noting. For he may be seen to have made the very best provision that we should neither corrupt our own habits nor begrudge those who choose to share our ways. 210 To those who wish to come and live under the same laws as us he gives a friendly welcome, reckoning that affinity is not only a matter of birth but also of choice in life style. But he did not want those who approach on a casual basis to be mixed with our intimate ways…. 257 Plato in particular imitated our legislator both in prescribing for citizens no education on a par with universal learning of the laws, thoroughly and in detail, and further in prohibiting

45 Contrast Naaman's ingenious solution for worshipping God outside of Israel, below, p. 109. 46 Compare and contrast the gradual extension of Roman citizenship to the remainder of the Italian peninsula. In general, comparisons with Roman citizenship are quite illuminating. Citizenship was granted to children born of lawful marriages between citizens, following the status of the mother. Children of freed slaves and non-citizen soldiers (auxiliaries) who completed their military service were also granted citizenship. 47 Forced circumcision is clearly exceptional. Contrast Genesis 34 and 1 Samuel 18:25-27 where circumcision precedes the death of the Shechemites at the hands of Shimon and Levi and presumably follows the death of a hundred Philistines at the hand of David. On the other hand, see 1 Macc 2:46, "Mattathias and his friends went around destroying the illicit altars and forcibly circumcising all the uncircumcised babies they found within the boundaries of Israel"; this may have been a response to the abandonment of circumcision by some Jews and the prohibition of circumcision by Antiochus. See "Forced Circumcision and the Shifting Role of Gentiles in Hasmonean Ideology" by Steven Weitzman, The Harvard Theological Review, 92.1 (Jan., 1999), pp. 37-59, http://www.jstor.org/stable/1510155. 48 Josephus (AJ 15.253-55) reports how the Idumean Costobar was opposed to Idumeans observing Jewish customs. BJ 1.123 and 4.231 refer to Idumeans as a separate nation from the Judeans. On the other hand, some scholars now doubt whether the forced circumcisions ever happened, preferring the evidence of Strabo which seems to imply that the Idumean were already a circumcising people. Note Morton Smith, “The Gentiles in Judaism: 125 BCE-CE 66”, in Cambridge History of Judaism: the early Roman Period, vol. 3, ed. William Horbury, et. al. (Cambridge UP, 1999), pp. 198-213.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Hellenistic Period: Overview Jews, by Choice page 44 outsiders from mixing with them on a casual basis; rather, he took care that the state should be pure, consisting of those who remain faithful to the laws. 258 Without taking any of this into account, Apollonius Molon accused us of not admitting those who are in the grip of other opinions about God, and of not wishing to share fellowship with those who choose to live according to a different way of life. 259 But even this practice is not unique to us, but generally common, not just to Greeks, but to the most illustrious among Greeks: the Lacedaemonians [Spartans] used to conduct “deportations of foreigners” repeatedly, and also did not allow their own citizens to go abroad, suspecting in both cases that their laws would be corrupted. 260 They perhaps might reasonably be criticized for their churlishness: for they would not grant anyone the right of citizenship or of residence among them. 261 We, on the other hand, are not inclined to emulate other people’s customs, but gladly welcome those who wish to share ours; and that would be evidence, I take it, of both benevolence and generosity.

Against Apion is a fascinating text in that it puts the emergence of conversion into its Hellenistic context. While Josephus makes claims that are based on the Biblical origins of Judaism, such as the emphasis on welcoming the stranger (cf. Leviticus 19:34 and Deuteronomy 10:18-19), his conception of Judaism shows some significant developments. Primarily, Josephus makes the startling claim that "affinity is not only a matter of birth but also of choice in life style" (2:210). The claim that Moses was the actual source for aspects of Greek culture is a common theme in Jewish Hellenistic writing49, but here Josephus claims against the general ethos of the Hellenistic world, that Plato himself imitated the Jewish focus on maintaining the purity of the population (2:257). And in response to the accusation of violating the high-crime of xenophobia (fear and hatred of the stranger), Josephus claims that the concern about foreign influence is demonstrated by the "illustrious" Spartans, who are, nonetheless, "churlish" in comparison to the Jews who allow non-Jews to welcome in Jewish citinzenship any "who wish to share our customs" (2:259-261). To what extent did the universalist and particularist voices of the Persian period find echoes in the Jewish interaction with Hellenistic culture?

The Conversion of the Royal House of Adiabene

The final and most significant text from Josephus deals with a report of the conversion of the royal house of Adiabene. Josephus describes how Izates, the king of Adiabene, and Helena, his mother became Jews. The kingdom of Adiabene was centered on the Kurdish city of Irbil (Arbela) in northern Iraq. The dates of this episode are under dispute, but at the latest, this must have happened before the mid-first-century C.E.

49 Note, for example, Eupolemos, the Greek-writing historian who most likely was Judah Maccabee's envoy to Rome, who wrote: Moses was the first wise man and that he gave the alphabet to the Jews first; then the Phoenicians received it from the Jews, and the Greeks received it from the Phoenicians. Also, Moses was the first to write down laws, and he did so for the Jews. (quoted in Eusebius P.E. 9.26.1)

34 Now, during the time Izates lived at Charax-Spasini, a certain Jewish merchant, named Ananias, visited the king's wives, and taught them to revere/worship God (Greek: ton Theon sebein) according to Jewish custom (hos Ioudaiois patrion). 35 Through [the wives, Ananias] became known to Izates, and with the wives’ help, [Ananias] also persuaded [Izates]. When his father sent for him to come to Adiabene, [Ananias] accompanied him at Izates' request. It so happened that Helena (his mother) at the same time was instructed by another Jew and had been brought over to their laws (eis tous ekeinon metakeomisthai nomous) … 38 And when [Izates] realized [Helena] his mother was highly pleased with the Jewish customs, he quickly changed over (converted?) himself; and thinking that he could not be a genuine Jew unless he were circumcised, he was ready to have it done. 39 But when his mother heard of his intention, she tried to prevent him, saying it would endanger him. Since he was a king, she said, if his subjects discovered that he was devoted to a strange and foreign religion, it would create a lot of disaffection, and they would never bear being ruled over by a Jew. 40 What she said convinced him for the time being. And when he told Ananias what she had said, he [Ananias] agreed. 41 And [Ananias] even threatened to leave [Izates], unless he agreed with him [not to be circumcised]. He said that he was afraid that if [Izates' proposed circumcision] became known, he would be in danger because he had taught the king the "unseemly" practices. The king, he said, could revere/worship God (to Theion sebein) without being circumcised if he resolved to be entirely devoted to the ancestral customs of the Jews, because that counted more than circumcision. 42 He added, that God would pardon him for not [being circumcised] since it was necessary because of his fear of his subjects. So for the time being, the king was convinced by Ananias' arguments. 43 Later on, since he hadn't entirely given up his desire [to be circumcised], another Jew from Galilee named Eleazar, who had a reputation for being a very astute interpreter of the laws of his country, persuaded [Izates] to [be circumcised]. 44 For when [Eleazar] came to him to pay respects, he found [Izates] reading the Torah; [Eleazar] said to him, "O King, you are ignorantly breaking the most basic of laws, and offending God; you must not only read the laws but do what they say. 45 How long will you remain uncircumcised? If you haven't read the law, read it now so you know what sin it is that you commit." 46 When the king had heard what he said, he delayed no more, went into another room, called a surgeon, and did what he was commanded to do. He then sent for his mother and Ananias his tutor, and told them what he had done. 47 They were astonished and quite afraid lest this be discovered. Would he risk losing his kingdom since his subjects would not consent to be governed by a zealot for a foreign religion, and they were personally afraid since they would be seen as the instigators. 48 It was God who prevented these fears from taking effect, preserving both Izates and his children, even when they were threatened. [God] demonstrated that does those who trust in God alone do not lose the reward of their piety. 49 But Helena … had a mind to go to the city of Jerusalem, in order to worship at that Temple of God … and to offer her thank-offerings there. This fascinating text raises more questions than it answers. What does it mean that women are being converted? Does that mean that, unlike in Biblical Israel, women have

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Hellenistic Period: Overview Jews, by Choice page 46 independent Jewish identities? Does it mean that there is matrilineal descent, since conversion of women might be seen as unnecessary in a patrilineal society? Is there an intermediate status between non-Jew and Jew that Ananias recognizes that Eleazar apparently does not? What is necessary for conversion to take place in this period? Specifically, does Eleazar think of Izates as a Jew who is sinning by not being circumcised or as a non-Jew who has not yet converted? Are Jews actively seeking converts during this period? What assumptions underlie our answer to these questions and are those assumptions reasonable? All of these questions are important to our general study, but two are crucial to the larger goals of Jews, by Choice. 1) How does one understand and relate to the apparent ambiguity that existed about Jewish status in the Hellenistic period? 2) Was there a Jewish mission to convert non-Jews?50

God-fearers and semi-converts?

The book of Acts in the Christian Testament describe non-Jews who have affiliated in some way with the Jewish community. Acts calls them phoboumenoi (Greek: those who fear [God]) or sebomenoi (those who revere [God]). Inscriptional evidence from the city of Aphrodisias provides a list of sixty-nine Jewish citizens (including three converts) followed by a list of fifty-two individuals with the heading "such are the theosebeis (God- fearers)".51 Although some historians warn against collapsing the various "distinct" categories indicated by these three different Greek terms, it seems more reasonable to assume that a lack of terminological consistency reflects the general lack of clarity and definition that existed during the late second Temple period. They were all part of the same phenomenon of gentile affinity for Judaism, and so the single term "God-fearers" is appropriate. What were God-fearers? In the book of Acts, the God-fearers serve a clear literary purpose. God-fearers serve as a bridge between the way the gospel was taught first to the Jews who rejected it, then to God-fearers who accepted it, and finally to the gentiles who embraced it. Whether whatever God-fearers actually existed became Christian or not is irrelevant to our discussion.52 What is relevant is what the existence of God-fearers meant

50 The literature discussing this passage and the general issue of Jews actively converting non-Jews is quite large. Rabbinic texts (Tosefta Pesachim 4:18, Genesis Rabbah 46:11) refer to the conversion of the royal family of Adiabene (with interesting differences). In addition to Scot McKnight Light Among the Gentiles: Jewish Missionary Activity in the Second Temple Period (Fortress, 1991) and Martin Goodman Mission and Conversion: Proselytizing in the religious history of the Roman Empire (Clarendon: Oxford, 1994), see the more recent Mission-Commitment in Ancient Judaism and in the Pauline Communities: The Shape, Extent and Background of Early Christian Mission (Wissenschaftliche Untersuchungen Zum Neuen Testament 2, 159) by John Dickson, pp. 32-36, partially available from Google books at http://tinyurl.com/johndickson. Dickson acknowledges that Josephus refers to four distinct people or groups involved in convincing non-Jews to adopt Judaism (Ananias, the wives who help convince Izates, the unnamed teacher of Helene, and Eleazar). 51 The inscription is available at http://insaph.kcl.ac.uk/iaph2007/iAph110055.html. The translation, following Reynolds and Tannenbaum is suspect. The inscription most likely is a list of a burial society. See further, Cohen, Beginnings of Jewishness, pp. 168ff. 52 To claim that without complete (i.e. rabbinic) conversion, God-fearers were more susceptible to the Christian mission is to ignore the fact that huge numbers of native diaspora Jews also accepted Christianity.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Hellenistic Period: Overview Jews, by Choice page 47 to diaspora Jewish communities, how those communities interacted with the surrounding non-Jewish community, and how they conceived of the boundaries of Judaism. Minimally, God-fearers demonstrated to diaspora Jews that Judaism was attractive, and in some cases, it was attractive enough to provide materials support by making donations to synagogues. Were there marriages between native Jews and God-fearers? We have no evidence that that was the case. Based on the differing attitudes of Ananias and Eleazar in the story of the conversion of Izates discussed above, some assume that a God-fearer adopted much of Judaism but did not submit to circumcision. Now clearly, adult circumcision was (and is) a rather significant hurdle to pass, but such a generalization again ignores the lack of uniform practice and thought which is a hallmark of the period. Rather, God-fearers probably exhibited different patterns of affiliation and adherence to Judaism. Professor Louis Feldman writes (Jew and Gentile in the Ancient World, 344): [God-fearers] refers to an ‘umbrella group,’ embracing many different levels of interest and commitment to Judaism, ranging from people who supported synagogues financially, (perhaps to get the political support of the Jews) to people who accepted the Jewish view of God in pure or modified form to people who observed certain distinctively Jewish practices, notably the Sabbath. For some this was an end in itself; for others it was a step leading ultimately to full conversion to Judaism. Note Juvenal (Satires 14.103) who describes how a God-fearing Roman who sympathizes with Judaism and observes the Sabbath may raise children who convert completely: Some who have had a father who reveres the Sabbath, worship nothing but the clouds, and the divinity of the heavens, and see no difference between eating swine's flesh, from which their father abstained, and that of man; and in time they take to circumcision. Having been wont to flout the laws of Rome, they learn and practise and revere the Jewish law, and all that Moses committed to his secret tome, forbidding to point out the way to any not worshipping the same rites, and conducting none but the circumcised to the desired fountain. For all which the father was to blame, who gave up every seventh day to idleness, keeping it apart from all the concerns of life. In the land of Israel as well, rabbinic texts refer to the ger toshav, someone who has accepted upon himself many mitzvot but has not converted; the various rabbinic definitions also reflect a variety of patterns of adherence by non-Jews towards Judaism.53 A Jewish mission to convert non-Jews? Historians of antiquity have argued both sides of the debate over whether there was a Jewish mission to convert non-Jews during the second Temple period. The Jewish historian Salo Baron wrote that, according to a census performed by the Emperor

53 Avodah Zarah 64b-65a describes the ger toshav variously as 1) one who rejects idolatry, 2) one who accepts the seven Noahide laws, or 3) one who accepts all of the law except for kashrut.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Hellenistic Period: Overview Jews, by Choice page 48 Claudius in 48 C.E., there were almost 7 million Jews in the Roman Empire;54 Baron attributed the large number to active proselytization (seeking converts to Judaism).55 One should distinguish between different kinds of attitudes towards non-Jews that may be seen as part of a "mission" towards non-Jews. 56 On one end of the spectrum, Jews may feel it is necessary to defend Judaism against perceived attack, either physical or cultural (or both, or with the fear that the latter will lead to the former). Jews may seek to educate non-Jews about Judaism in order to make them sympathetic or favorably disposed towards the Jews in their locale; this could be described as an apologetic or defensive mission. A Jew may be engaged in education of non-Jews for the sake of the non-Jews, either because the non-Jew has expressed interest in Judaism or because the Jew believes that the truths of Judaism have some degree of universal application; this might be described as an educational mission. At the far extreme, Jews might believe that non- Jews should convert to Judaism, either as an expression of the truth of Judaism, as the fulfillment of messianic expectations, or as part of the general improvement of the world; this would be a proselytizing mission. As noted above, Salo Baron and other historians think that the apparently large numbers of Jews counted by the Emperor Claudius means that there must have been large numbers of converts, and therefore Jews must have been engaged in a proselytizing mission. The presence of converts does not necessarily mean that Jews were actively trying to convince non-Jews to become Jews. Many non-Jews, and especially non-Jewish women,57 were apparently quite attracted to Judaism and showed various kinds of attachments to Judaism. Josephus describes gentiles from across the Euphrates who brough sacrifices to the Temple in Jerusalem and who sent donations (Antiquities 3.318- 19 and 14.110). That said, it is not clear “who was a Jew.” Would Claudius’s census

54 "A new factor was injected into the discussion by the report of Gregory bar Hebraeus, a 12th-century Syrian chronicler of Jewish descent, about a census of the Jewish population taken by Emperor Claudius in 48 C.E. (Historia compendiosa dynastiarum, ed. by E. Pococke, 75, 116; ed. by A. Salhani, 115). According to this report, first brought to the attention of students of ancient Jewish history by Jean Juster, Claudius found no less than 6,944,000 Jews within the confines of the empire. To be sure, some scholars denied the authenticity of this report, or attributed the census to one of Roman citizens, rather than of Jews. However, the weight of evidence still favors the acceptance of that figure as the most likely approximation of the number of Jews living within the empire. To them must be added the numerous Jews of Babylonia, the Iranian Plateau, the Yemen, and Ethiopia. It stands to reason, therefore, that shortly before the fall of Jerusalem the world Jewish population exceeded 8,000,000, of whom probably not more than 2,350,000– 2,500,000 lived in Palestine. Other major countries of Jewish settlement included Egypt, Syria, Asia Minor, and Babylonia, each probably embracing more than 1,000,000 Jews." ("Population," by Salo Baron, Encyclopaedia Judaica, eds. Michael Berenbaum and Fred Skolnik, Vol. 16. 2nd ed. Detroit: Macmillan Reference USA, 2007. pp. 384-385) 55 “During the two centuries of Hasmonean and Herodian rule over Palestine the Jewish people expanded numerically to an unprecedented degree not only in Palestine but also in other lands, in part by active proselytization.” Ibid. 56 Compare and contrast Martin Goodman, Mission and Conversion, pp. 3-4 ff. 57 Not just the wives of Izates, but Josephus mentions other female converts, including much of the female population of Damascus (Jewish War 2:559-561). Baron claims that this was because of the better status that women experience in Judaism relative to Roman culture (Social and Religious History of the Jews, volume 1, p. 191). Interest in Judaism by women should probably be seen as part of the wider trend in which Roman women experimented and participated in Eastern cults and especially the Isis cult.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Hellenistic Period: Overview Jews, by Choice page 49 takers have counted “Jews” in the same way that the Jewish community would?58 Would all members of the Jewish community have agreed on who should be counted?59 Some Roman writers have been said to provide evidence that Jews proselytized. The poet Horace wrote “and we [poets], like the Jews, will compel you to join our throng” (Satires 1.4.142-143). Horace’s use of the word “compel” makes this poor evidence for proselytism. Horace’s comment may simply reflect a popular explanation of why the numbers of Jews in Rome were increasing. There were conversions, but this indirect and unlikely claim of compelled conversion hardly counts as evidence of missionary activity. The Stoic philosopher Seneca stated that "the customs of that most accursed nation have gained such strength that they have now been received in all lands: the conquered have given laws to the conquerors” (preserved by Augustine, City of God 6.1 1). Again, this is evidence of widespread conversion, but not of active proselytism. In the Gospel of Matthew (23:15), scribes and Pharisees are said to "traverse sea and land to make a single proselyte.” Although this seems explicit, it is hard to extract a text like this from the theological agenda of the Gospels. Could the early Christians be describing Judaism as having a conversionary mission because the Christian Church had one? Professor Marc Hirshman60 argues that, based on a wide set of texts associated with the school of Rabbi Yishmael, there were clearly rabbis among the Tannaim who were actively engaged in proselytism. He does not believe that this attitude was held by all rabbis; this is one voice that appears consistently in Tannaitic texts. His arguments do not bear on Judaism of the Second Temple period, but it is suggestive. In the fourth century, John Chrysostom, the bishop of Antioch, instructed Christian men to keep their wives out of the synagogue (Ad. Jud. 2.3.3-5; 4.7.3). Of the sixty-six laws concerning Jews in Theodosian Code, twenty-six deal with converting people (free or slave) to Judaism. This may indicate an ongoing popular interest in Judaism; it may support the claim that Jews were converting significant numbers of non-Jews. It is not, however, evidence of a proselytizing mission. The historiography concerning Jewish proselytism is complex. Christian historians like Adolph Harnack (The mission and expansion of Christianity in the first three centuries, 1908) see a Jewish mission as the basis for the later Christian mission. Some Jewish historians project the later rabbinic reticence towards seeking converts onto the earlier period. Some contemporary Jews like Lawrence Epstein use a presumed proselytizing mission as an historical precedent for a policy of seeking converts in contemporary times (Theory and Practice of Welcoming Converts to Judaism, Mellen Press,).61

58 See the discussion below, Excursus: On Jewish Identity Formation, page 48. 59 Of course, different perspectives among Jews about who is a Jew is a major political issue within the Jewish community and especially with respect to Israel. It is worthwhile to ask the students whether they think the gaps in perspective about who is a Jew are greater now than they were then. 60"Rabbinic Universalism in the Second and Third Centuries", Harvard Theological Review 93.2, April 2000, pp. 101-115. 61 MyJewishLearning.com's entire discussion of the history of conversion is taken from Epstein. This should probably be seen as a choice of convenience and not scholarly endorsement. The question of how one might use Jewish history in the context of contemporary debates about Jewish policy is discussed below and in unit 5, The Rabbinic Conversion Ceremony.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Hellenistic Period: Overview Jews, by Choice page 50 Excursus: On Jewish Identity Formation Burton and Whiting ("The absent father and cross-sex identity". Merrill-Palmer Quarterly 7(2), 85-95) describe three kinds of identities: "Attributed identity consists of the statuses assigned to a person by other members of his society. Subjective identity consists of the statuses a person sees himself as occupying. And finally, optative identity consists of those statuses a person wishes he could occupy….It is our thesis that the aim of socialization in any society is to produce an adult whose attributed, subjective, and optative identities are isomorphic: 'I see myself as others see me, and I am what I want to be." Graphically, this might be represented as the following triangle

This description, as noted above (note 13, page 16), is quite helpful, especially in terms of discussing the emerging identity of the Jew by choice. In a Jewish context, however, the nature of both attributed and optative identity is somewhat more complex. Society is represented not just by the people with whom one interacts but also by a rich and diverse textual culture, and different individuals have lesser or greater understandings of that textual culture. Thus the apparent gap between the statuses assigned by "other members of society" and what the individual believes are the statuses assigned to him/her is complicated by the individual's understanding of that textual culture. Furthermore, Jewish culture (both textual and social) presents various different models of norms and ideals (see below, Norms and Mitzvot, p. 172). From the perspective of a Jewish educator, there may be certain essential norms (eg., "shomer mitzvot", "engaged Jew") which in some cases are achieved statuses but in other cases may be aspirational goals.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Hellenistic Period: Overview Jews, by Choice page 51 My understanding of Jewish identity formation is best introduced by its two most common failures, which I call "terminal Jewish identity formation".

Terminal Jewish identity formation comes in two forms. The first, more common form is when an individual identifies those aspects of Jewish tradition which match his/her subjective identity and asserts that that is the kind of Jew s/he is. In this form, optative identity reflects some aspects of Jewish cultural ideals, but it is collapsed onto one's subjective identity. The second, more disturbing form, is when an individual asserts that his/her subjective identity is ipso facto a Jewish ideal, independent of actual norms and ideals expressed within Jewish culture. In this form, both attributed and optative identities are collapsed onto one's subjective identity. Vital or aspirational Jewish identity formation acknowledges that there are norms and ideals of Jewish culture that extend beyond one's subjective identity and one works towards fulfilling those norms. In a pluralistic Jewish community, one recognizes that the norms and ideals expressed by Jewish culture are varied, and consequently, the aspirational move is preceded by the identification of goals and norms in dialogue with the larger Jewish culture (both textual and social). The isomorphic ideal, then, is not in the achieving of an optative status but in an attributed identity which recognizes that one has Jewish ideals and is in a process of self-transformation towards that optative identity. "I see myself on a path to becoming the Jew I want to be, and others acknowledge that my goals are indeed Jewish ideals."

2. Culture is a filter for experience...... p. 15

3. Social boundaries serve cultural ideals...... p. 33

4. Multivocality in a tradition expresses unresolved cultural tensions...... p. 33

5. Judaism is both universalistic and particularistic...... p. 33

In this period, with first conversions, one sees the emergence of Judaism as a religion. Certainly the initial conversion of the Idumeans lead from the confusion engendered by extending Judean land and polity over another people, but the maintenance of a Judean identity, in addition to an Idumean one indicates that Judaism was something other than just a people. Our current perception that Jews do not proselytize (which is almost an article of faith among some students) filters out a certain way of reading classical sources. The episode of the conversion of Izates and the interactions with Ananias and Eleazar clearly reflect different conceptions of the boundaries of Israel (was Izates Jewish and when?). Both in the Hellenistic period and in the historiography of the period, a wide range of voices speak on various crucial topics such as whether the "boundary" between Judaism and not-Judaism is strict or whether it is a spectrum, or whether Jews have or should seek out adherents or not. These particular topics are still not resolved as moderns argue for creating a modern analogue to the ger-toshav or the Godfearer62 as well as calls for Jews seaking converts from among the "unchurched" or those who would otherwise intermarry63. Josephus' use of conversion as a defense against charges of xenophobia in his Against Apion provides a unique perspective on Israel's particular form of particularistic universalism. This unit on conversion in the Hellenistic period also introduces two new enduring understandings: 6. Society uses rituals to clarify unclear boundaries. 7. Judaism has a usable history.

62 See A Place In The Tent: Intermarriage And Conservative Judaism, by the Tiferet Project (EKS Publishing, 2004) 63 See " Try It, You'll Like It: Should Jews Proselytize?" by Sue Fishkoff, at MyJewishLearning.com (http://tinyurl.com/yzus5d7), reprinted from The Conversion Crisis: Essays from the Pages of Tradition (Ktav), edited by Emanuel Feldman and Joel B. Wolowelsky. Also see Lawrence Epstein, "Why the Jewish people should welcome converts", at http://www.convert.org/Welcome_Converts.html, and Harold Schulweis, in many places, including articles at MyJewishLearning.com http://tinyurl.com/yc9rosy and http://tinyurl.com/ybsl2jk, but also at the Valley Beth Shalom website (http://www.vbs.org/rabbi/hshulw/convert.htm).

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Hellenistic Period: Overview Jews, by Choice page 53 Rituals clarify The circumcision of the Idumeans and the Itureans clarifies their status; Izates' lack of circumcision makes his status particularly confusing. The absence of a clear ritual for female conversion in the Hellenistic period draws into question what status female converts had. While the rituals clarify aspects of attributed identity, it is not clear whether they effect or merely mark a change in subjective identity. A usable history The ambiguity of religious status during the Hellenistic period has striking similarities to contemporary Judaism. Does the existence of Jewish proselytism or a semi-convert status during Hellenistic times have any relevance to contemporary debates about the boundaries of Judaism? How have diffuse power structures during different periods of Jewish history related to the various definitions of Jewish identity? Another use of history is to see it as a filter for Jewish experience. How do beliefs about whether Jews historically sought converts or not provide perspective on Jewish identity?

Essential Questions In what ways might an awareness of Jewish history shape contemporary Judaism and Jewish identity? If Judaism has Truth, is it ethical to not offer it to the world? Conversely, if one is not comfortable with seeking converts, does this reflect on one's Jewish commitments? Which is most important, attributed identity, subjective identity, or optative (aspirational) identity?

Potential Learning Objectives Hellenistic Period Cognitive Process Dimension Knowledge Dimension Particular content 1.0 Remembering 2.0 Understanding 3.0 Applying 4.0 Analyzing 5.0 Evaluating 6.0 Creating Factual:terminology Josephus, Idumeans, 1.5 Identifying House of Adiabene terms and sources of information Factual:chronology Hellenistic Period 3.4 Charting sources of data on a timeline Factual:elements Origins of conversion 2.7 Explaining the relationship between geography and conversion Conceptual:generalizations Identity triangle 1.2 Defining 2.7 Explaining the 5.3 Choosing 6.3 Producing a attributed, relationship elements of an personal subjective, and between optative identity identity triangle optative identity subjective and from available or identity star optative identity models Conceptual:generalizations proselytism 1.4 Describing 2.3 Classifying 3.4 Charting 4.1 5.6 Weighing 6.0 Creating a evidence for and different kinds of evidence for Differentiating the different guide for a against Jewish "Jewish mission" defensive, the various arguments for missionary proselytism educational, reasons why one and against the and/or might seek existence of proselytizing converts Jewish mission proselytism Metacognitive:self- Jewish identity in a 4.3 Attributing 5.7 Debating 6.1 Generating knowledge pluralistic society reasons for whether seeking list of reasons discomfort with converts is a why people seeking converts good idea would want to become Jewish

Teaching Ideas The complexities of the Second Temple period cannot be overstated. Dealing with all of the relevant texts is beyond our scope. We have narrowed our focus for the student by reading three representative passages from Josephus. These passages raise several distinct but related questions about the interactions between Jews and non-Jews in this period, but even these three selections can present some concerns for the teacher who is not familiar with the period and its history. On the other hand, this unit can serve as a perfect bridge between the Biblical material and the rabbinic material which begins with the discussion of appropriate motivations. Although it is possible to skip this unit, if it is included, it should be used with an eye towards how it will help frame the later materials.

Hasmonean Conversions

The first text, which discusses the first conversions during Hasmonean times raises the question of political power and conversion. Although the text is very clear, students are often surprised by this text. They should be given the opportunity to assess whether these conversions were forced or not; this is helpful when students later address the issue of motivations in conversion. The conversation, however, should not be hijacked by that particular issue. Why, for instance, are the Hasmoneans concerned about the Idumeans adopting Judean law? That is, for the Hasmoneans, there is no real gap between political and religious identity. Of course, this issue is raised by the extension of political control over a greater portion of land.64 If the lands of the Idumeans are to be under Judean political control, they must follow Judean law. Students should compare and contrast this conception of polity both with American law and with modern Israeli law. An excellent set induction for this lesson is to have students generate arguments in favor of the claim that Jewish law should be the law of the State of Israel.65 Students will also come up with critiques of this idea, but by thinking about the ways in which law creates culture and commonality, they will gain a more nuanced perspective on the motivations of John Hyrcanus and the conversion of the Idumeans. Students should begin to assess the relationship of geography and Jewish identity. Thinking back to the materials from the Persian period, students should think about the ways in which the diaspora experience may have influenced the reforms of Ezra. The story of Ruth is also a story of immigration. The expansion of the territory of Judean control into Idumea results in the extension of Judean identity. Josephus was living in Rome and describing Judaism to a non-Jewish audience; how did this affect his conception of conversion and of Jewish identity? A useful representation is a discussion on whether Jewish law should be the law of the State of Israel.

Against Apion

The second text, from Josephus' Against Apion, uses conversion as a defense against the claim that Judaism is xenophobic and, to re-use the language of the last unit, overly

64 These conversions can be contrasted with the diaspora conversions of Izates and his household. 65 This was recently suggested by Yaakov Neeman, see the Jewish Daily Forward, , December 8, 2009, http://www.forward.com/articles/120475/

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Hellenistic Period: Teaching Ideas Jews, by Choice page 56 particularistic. In order to access this text, introduce the idea of attributive identities and then ask what negative attributive identities exist now about Jews, and how do the students respond to those stereotypes. At Gann, I have frequently had interactions which include the claim of Jewish stinginess, followed by a response about Jewish philanthropy, countered by a claim that Jews just help their own, followed by reference to AJWS and Mazon. That is, the response to claims of Jewish particularishm is Jewish universalism. This serves as a great introduction to Against Apion. After this starter activity, begin small group discussions with the question"What do you imagine Apion must have said that caused Josephus to respond in this way." At issue here is the claim that Judaism builds boundaries in order to maintain its authenticity and purity. Students should compare and contrast contemporary examples in which admission requirements are used in order to maintain standards. Another important teaching moment in this text is the awareness that subjective statements of personal identity are frequently stated in response to attributed claims of identity, and in this case, hostile claims about Jewish identity. To what extent are our students' identities shaped by their interaction with the non-Jewish world? A fascinating parallel is the curriculum guide produced by Facing History and Ourselves, "What Do We Do With Difference: France and the debate over headscarves."66 This curriculum includes a provocative film and has an excellent guide.

The Conversion of Izates

The final text, Josephus' description of the conversion of the royal house of Adiabene, provides the best opportunity for assessing how students conceive of their own Jewish identities. The text has a variety of ambiguities, and students should try to defend their readings of the texts. A crucial ambiguity in the text is the Jewish status of Izates. Did Ananias see Izates as Jewish or as a God-fearer? Why was Helena opposed to her son getting circumcised? Did Eleazar see Izates as already Jewish and in violation of the mitzvah of circumcision? Or did Eleazar see Izates as a non-Jew who needed circumcision to convert? What did Izates think of himself and did he see himself as different after he was circumcised? A way to move students to this level of thinking about the text is to have students in small groups brainstorm a list of questions about AJ 20:43-45 (Eleazar’s visit to Izates) and record the questions. When the group has at least five questions AND everyone has contributed a unique question, students should decide which question is likely to generate the most interesting discussion. Many of the students readings of these texts from Josephus will be informed by assumptions based on later Jewish practice, such as a belief that Jews do not actively seek converts or that circumcision was seen as part of the conversion ceremony and not just a requirement for male Jews. That does not mean that their assumptions are incorrect, but students should be aware that many of the "clear issues" in conversion may not have been clear at all during the Second Temple period.67 What is clear is that the acceptance of

66 Available at http://www.scribd.com/doc/9633168/ . 67 Indeed, the lack of clarity during the Second Temple period may explain why the rabbis developed and described a conversion ceremony which defined the paramaters of the ritual.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Hellenistic Period: Teaching Ideas Jews, by Choice page 57 Jewish law is seen as crucial in this text (as it was in the conversion of the Idumeans and in the defense of Judaism in the Against Apion). To what extent is observance of normative Jewish behavior crucial to the identity of contemporary students?

Missionary Judaism and Proselytism

Questions about the student's Jewish identity can be directly raised by having students write a guide for a contemporary Jewish missionary.68 Students should include reasons why Jews should seek converts, whom they should target, the best arguments for being Jewish, and frequently asked questions and answers including questions which are potentially hostile to Judaism. These documents can then be seen as personal statements of Jewish identity which can be discussed and defended in small student groups.

Divide students into groups of four and produce copies of each of the four guides for each person in the group. Here is a protocol to structure the analysis of the missionary guides: • Provide one piece of warm feedback to each other person. • Which arguments might have been made in ancient times and which do you think might not have been made? (use thumbs up and pointing to the evidence, or admit that you are guessing) • Compile your group's reasons and write them down. Are any of the ones that you didn't write yourself compelling to you? • Look at the "Arguments to convince people to become Jewish" (page 3). Which ones were most common and find the ones that were least common. How do you explain the differences? • Which FAQs do you think would be serious problems/challenges for a convert? • Which FAQs do you think are serious problems/challenges for you? • What did you learn about your classmates in studying these missionary guides? • What did you learn about yourself in writing this missionary guide and in your conversation?

A final, but important issue is the relationship which we have with history. Does the presumed existence of proselytization mean that contemporary Jews can or should seek out converts? Does the existence of God-fearers provide a precedent for establishing a formal status for people who have close ties to Jews (egs., non-Jewish spouses of Jews,

68 The easiest way to do this is to produce a four page document using large fonts, and have a duplexing printer print the document in booklet mode.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Hellenistic Period: Teaching Ideas Jews, by Choice page 58 non-Jewish children of Jews, non-Jews who work for Jewish institutions). As students begin to prepare developing larger historical hypotheses about Jewish conversion, they should begin to think about the different ways in which Jewish policy-makers have used historical arguments to defend or attack different approaches to Jewish communal policy.

The Jewish identity diagram

The two diagrams describing attributed, subjective,and optative identity can also be used as texts in this unit. The differing perspectives on the conversion of Izates provides an excellent opportunity to introduce the diagram, but it may be helpful to introduce it earlier. The first diagram introduces the basic distinctions between these perspectives on identity and makes it easier to understand the concept of the isomorphic ideal: "I see myself as others see me, and I am what I want to be". The second diagram on Jewish identity complicates this conception significantly. Instead displaying the second chart, the first chart should be problematized and then revised in light of its problems; that is, in fact, how the second diagram was developed initially. The first problem that students (in pluralistic high schools) will identify is that there is no single optative identity; there are many ways to be Jewish and many Jewish ideals. Consequently, the selection of Jewish ideals from available models is in itself an expression of Jewish identity. A second problem with the identity diagram, recognizing that there can and should be a gap between one's subjective identity and one's optative or aspirational identity, is a more complicated educational challenge. In an age of affirmation and building self-esteem, students can be quite self-satisfied, and a question about what Jewish goals one has can be received as a critique that one is somehow Jewishly inadequate. While some students most students think of their Jewish lives ,(דרך may see themselves on a Jewish journey (a as the result of choices that have been made rather than choices they are currently making and can revisit in the future. The process of growing aware of one's Jewish aspirational identity can sometimes be facilitated by making analogies with other aspirations that students have such as going to college or having a certain profession. The teacher can also share his/her own past or current aspirational goals. Although one of the goals of Jews, by Choice, is Jewish identity definition, that definition should include a sense that one is on a path. The final problem with the identity diagram is the role of attributive identity. Ironically, even students who are constantly seeking approval and affirmation by their peers may affirm a radical independence and reject anyone else's assessment of personal identity as irrelevant. One way to forestall this response is to start by having students reflect on how they react to grades. Most students take grades seriously; ask them what it is like when a teacher rightly appreciates excellent work or when a teacher assigns a grade that they feel is inappropriate. How do they feel when they are given choices about how to be assessed? Analogies like these can help a student to acknowledge that we do construct our identities in a social context, and that we do want to be perceived by others as we perceive ourselves. In the case of aspirational identity, that may mean recognition that one has Jewish aspirations and that those aspirations are indeed Jewish.

Debate

Although scholarly opinion is not unified, most contemporary scholars do not believe that there actually was any kind of organized Jewish mission to convert non-Jews. Nevertheless, clearly some Jews (Helena's teacher, Ananias, and Eleazar) tried to teach non-Jews about Judaism. If Judaism is true, has a greater claim to truth, or at least has something to offer the world, why would one hesitate to teach others and try to attract them to Judaism? A debate could be structured around the question of whether Judaism should actively pursue converts. In preparation, students could read some excerpts from modern proponents of actively seeking converts among the "unchurched" like Harold Schulweis and Gary Tobin. As part of debriefing the debate, students should carefully examine 1) what did they claim about the truth or value of Judaism, and 2) what role their assumptions about whether there was a Jewish mission played in their arguments.

Simulation: Dedication of the Sardis Synagogue

Students can explore questions of Jewish identity by imagining themselves in the role of different characters from Jewish history. This simulation enacts a “cocktail party” at the dedication of the Sardis synagogue. It necessarily collapses history, but it allows students to explore the possible interactions of different people with different conceptions of their roles within and their relationships to the Jewish community. The Jewish community in Sardis was established by Antiochus III who settled 2000 Jewish families from Mesopotamia (Josephus, AJ 12.147-153). The community was well established, prosperous, and legally protected as a private association (AJ 14.235, 259- 61). 70 Students should be instructed as homework to re-organize their notes around different individuals. Before class, students should be assigned roles such as

69 Depending on how one has defined one's educational goals, designing the "Guide for Missionaries", described above, page 55, could be used as an assessment. 70 The monumental synagogue at Sardis dates from the fourth century although scholars believe it was in use and under successive reconstruction from the third century. Josephus refers to the Jews of Sardis having a place for communal worship (AJ 14: 259-261): The decree of the Sardians. "This decree was made by the senate and people, upon the representation of the praetors: Whereas those Jews who are fellow citizens, and live with us in this city, have ever had great benefits heaped upon them by the people, and have come now into the senate, and desired of the people, that upon the restitution of their law and their liberty, by the senate and people of Rome, they may assemble together, according to their ancient legal custom, and that we will not bring any suit against them about it; and that a place may be given them where they may have their congregations, with their wives and children, and may offer, as did their forefathers, their prayers and sacrifices to God. Now the senate and people have decreed to permit them to assemble together on the days formerly appointed, and to act according to their own laws; and that such a place be set apart for them by the praetors, for the building and inhabiting the same, as they shall esteem fit for that purpose; and that those that take care of the provision for the city, shall take care that such sorts of food as they esteem fit for their eating may be imported into the city."

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Hellenistic Period: Teaching Ideas Jews, by Choice page 60 1. John Hyrcanus, wondering whether people can be Jewish if they aren't living in "greater Israel".71 2. Qostobar [AJ 15:235], an Idumean who rejected Judean authority and sought to restore Idumea's traditional worship of the god Qos 3. Josephus, born a Jewish aristocrat, but perceived by many as a traitor 4. Helena, Queen mother of Adiabene, visiting in Sardis 5. Izates, King of Adiabene, visiting in Sardis 6. Eleazar, a merchant in Adiabene, visiting in Sardis 7. Ananias, a merchant in Adiabene, visiting in Sardis 8. Shimon bar Kosiba is a Jewish nationalist who will eventually lead a revolt against Rome. 9. Yehudah is a Judean merchant visiting Sardis on a business trip. He is not doing terribly well, because he speaks no Greek. He only knows Hebrew. He isn't impressed with Judaism in the Diaspora. 10. Fulvia, a high ranking Roman woman whom Josephus says was a convert (proselyte) to Judaism, AJ 18:81-84 11. Saturninus, Fulvia's non-Jewish husband who thinks her infatuation with Jews is silly. Saturninus knows that Fulvia was ripped off by three Judeans who stole her gifts to the Temple in Jerusalem. 12. Pegasios, a member of the Sardis city council, a goldsmith, a Jewish donor to the synagogue in Sardis (probably the equivalent of the synagogue president) 13. Samuel, also called Julianos of Hypaipa, a Jewish donor to the synagogue in Sardis. Although from out of town, he makes donations because of his regular business contacts here. 14. Samoe, a kohen and a sophodidaskalos (teacher of wisdom) and donor to the synagogue in Sardis. He speaks Hebrew and Greek. 15. Zotikos the comedian, a Godfearer from the town of Aphrodisias, mentioned in the Aphrodisias inscription as a donor to the Jewish burial society. Apparently on tour in Sardis. 16. Leontios, a Godfearer whose name is mentioned a couple of times as a donor in dedications in the synagogue of Sardis 17. Aurelios Basileides, a Roman, ex-procurator who made a donation to the synagogue in Sardis; no indication that he was a Godfearer 18. Poppaea Sabina, the consort and then wife of the Roman emperor Nero, whom Josephus calls a Godfearer, AJ 20.195

71 Italicized comments are details invented for the sake of the simulation.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Hellenistic Period: Teaching Ideas Jews, by Choice page 61 19. Apion, an anti-Jewish author against whom Josephus writes. Thinks Jews are xenophobic and churlish and probably has some choice epithets for Greeks who like Jews. 20. Aurelios Hermogenes, a Godfearer who gave a menorah to the synagogue in Sardis, always tries to raise funds for the synagogue from possible donors 21. Julia Severa, a non-Jewish high priestess of the Roman Imperial cult in Akmoneia, a town in Phrygia, during the reign of Nero. She also is credited for having paid to build the Jewish synagogue in her town, visiting Sardis on holiday. 22. Aurelios Polyippos, Aurelios Eulogios, and Eutychides, Godfearers whose names appear in dedications in the synagogue in Sardis72 In class, distribute a stack of 3"x5" "calling cards" for each person, indicating which role s/he is to take as well as a sheet with all of the names on the "guest list" but without any descriptions of their roles. Students are then instructed to behave as if they were at a party for the dedication of a synagogue in Asia Minor. They should introduce themselves to other people and talk about what brings them to the party. When characters greet each other, they should introduce themselves and interact in character. After students have gotten to know each other and gotten into character, announce that the best way to dedicate the synagogue is to pray together. If you do this, you may want to set it up that you have only 8 clear male Jews (John Hyrkanus, Josephus, Ananias, Eleazar, Shimon bar Kosiba, Pegasios, Samuel, Samoe). Then the students have to decide if they have a minyan. The questions involve whether you count the forced conversion of Qostobar who affirms that he does not believe in the God or traditions of Israel even though he has been circumcised and is politically an "Idumean Judean" (or a Judean Idumean?). Should Helena, Izates, and Fulvia be considered Jews (what do we know about their conversions)? Should Josephus count even though he was a traitor to the Jewish people? Even if they are seen as Jews, what about the women, and how did they convert? If immersion is not yet the norm, how does Helena or Fulvia differ from Poppaea Sabina? Why is Saturninus, a man who is married to a Jew, not a Jew? The teacher can play the role of a "clueless Roman" like Aurelios Basileides, and ask students to be very clear and plain and ask "innocent" questions. The teacher may also be more directive by taking the role of Pegasios and try to organize the group for the dedication. Keeping track of the different characters and who would include whom is very helpful, and can be followed by a general vote as to whether the group feels the have a minyan. The simulation can conclude either with the vote, followed by time for a written reflection on how they felt including or excluding the different characters. Alternatively, the group can "dedicate the synagogue" by praying from a Greek "siddur."73

Analysis of unseen texts

In light of the other texts of Josephus, comment on the following:

72 "The Greek Inscriptions of the Sardis Synagogue", John H. Kroll, Harvard Theological Review, 94.1, (Jan., 2001), pp. 5-55. Stable URL: http://www.jstor.org/stable/3657408 73 Found in the coursepack, Additional Materials on Conversion in the Hellenistic Period

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 The Hellenistic Period: Teaching Ideas Jews, by Choice page 62 Life of Josephus: 112 At about this time, two dignitaries from the region of the Trachonitans, who were under the authority of the king [of the Trachonitans], came to me, supplying their own horses and weapons. 113 The Judeans kept pressuring these men to be circumcised if they wished to live among them. But I would not allow them to be forced, declaring, “Each person must revere God in keeping with his own chosen way, but not by force, and these men, who are fleeing to us expecting security, ought not to have second thoughts.” When the mob had been persuaded, I generously provided the men who had come with all [amenities] for their familiar way of life. Another source of unseen texts could be the Hellenistic romance "Joseph and Aseneth" which retells the conversion of Aseneth, the wife of Joseph (cf. Genesis 41:45, 50). A translation is found at http://www.ntgateway.com/aseneth/translat.htm . Chapter 8 describes Joseph's unwillingness to kiss Aseneth before her conversion, and chapter 15 describes her mystical conversion, including specific language of rebirth, which is a metaphor also used by the rabbis. The conversion, however, is not rabbinic.

Interdisciplinary Synthesis

Puritans in 17th century Massachusetts assumed that all full members of the church had to undergo a religious conversion experience; indeed, this is the reason why they separated from the Church of England in the first place. The children and grandchildren of the founders did not have (or confess) to such a religious experience; some clergy like wanted to allow these children to be baptized and welcomed into the church through a "halfway covenant". Research Solomon Stoppard, Cotton Mather, and the halfway covenant and compare and contrast the arguments for and against having a different standard for "partial membership" with the different approaches that Eleazar and Ananias might have had towards "Godfearers".74

Emulation

Write your own "defense" of Judaism along the lines of Josephus' Against Apion. What claims might be made against Judaism (both in and outside of Israel)? How would you defend Judaism against these claims? Are there modern variants of Appolonius Molon's claims of Jewish xenophobia?

74 The situation is somewhat inverted. For the Puritans, conversion is normative and the question is about biological descent, whereas in Judaism, birth is normative and the question is about what counts as conversion. Stoppard and Mather disagreed on whether there should be any intermediate category or membership for people who were not "converted", while Ananias seemed to accept an intermediate category while Eleazar assumed that Izates had to convert completely with circumcision. This kind of synthesis question is appropriate with 11th graders who are studying American history. I credit my student Sam Maron, Gann class of 2012, for alerting me to this facet of American history.

4. “For the Sake of Heaven”: the convert’s motives in Talmudic literature

Overview Students study Yebamot 24b and distinguish between the conceptions of the Tannaitic, Amoraic, and Stammaitic layers. They contrast this halakhic sugya with the aggadot of Shammai, Hillel and the converts (Shabbat 31a) and the prostitute who converts (Menachot 44a). These texts present widely differing perspectives on the importance of appropriate motivations for conversion. Students are asked to imagine how Hillel’s three converts reflect real concerns of converts seeking to join Israel.

A Commentary for Teachers As we have seen, conversion developed between the time of the TaNaKh and the time of the Mishnah. What conversion meant and how it happened and who accepted it was, perhaps, not very clear. During the Tannaitic period (70CE-220CE), the early rabbis attempted to formalize the process and criteria for conversion. They discussed what kinds of motivations were acceptable for conversion, what elements comprised the conversion ceremony, how Israel should relate to the convert, and how the convert should relate to his former religion and to his new one. Many of the most significant Tannaitic texts we have concerning giyyur (conversion) are preserved in the Talmud, embedded in a Talmudic discussion as baraitot (Tannaitic texts not included in the Mishnah). By comparing and contrasting how the Amoraim (the sages of the third-fifth centuries) and the stamma d’gemara (or just stam, the anonymous material which provides a framework for the Tannaitic and Amoraic comments) with the earlier Tannaitic materials, we may gain a sense of the historical development of certain conceptions of conversion and of Jewish identity. To that end, Talmudic texts have been presented in a format which distinguishes between the various layers.75 The Talmudic texts in this section also serve as the foundation for later Jewish discussion of conversion. Throughout the middle ages and into modern times, these Talmudic texts have set much of the agenda in terms of how the organized Jewish community responds to the changes in the relationship between Jews and non-Jews, and Jews and converts. The goal of this unit is to recognize the multivocality of the tradition in discussing issues of motivation in conversion. Attitudes towards motivations range from retroactive rejection of conversions that happen for unacceptable motivations to ignoring issues of motivations altogether. This multivocality exists between the earlier Hellenistic texts and across the various historical layers of the Talmud; it also exists across the generic divide between halakhah and aggadah. We begin the study of Talmudic texts with the theme of motivations and this text in particular because it immediately raises two major issues: the relationship between intermarriage and conversion, and the dialectic between the rabbinic ideal and the reality of conversion.

75 The implications of this for one's teaching are discussed below in "Teaching Ideas". See note 88, p. 74. Extended passages of plain Biblical or Tannaitic texts have not been layered with fonts.

This Talmudic passage is the primary text dealing with the motivations of the potential convert. משנה מסכת יבמות פרק ב:ח, תלמוד בבלי מסכת יבמות דף כד עמוד ב תנ"ך הנטען על= one who is 1 מתניתין: הַנִטְ עָן עַל הַשִ פְחָה וְנִשְתַחְרְרָ ה, תנאי suspected [of having had sex with] אמוראי אוֹ עַ ל הַ נָכְרִ ית וְנִתְ גַיְרָ ה, שפחה ונשתחררה= סתם יכנוס=marry יהֲרֵּ זֶה ֹלא יִכְ נוֹס.

םוְאִ כָנַס אֵּ ין מוֹצִיאִ ין מִ יָדוֹ. אין מוציאין מידו= she is not separated from him 5 גמרא. הא גיורת מיהא הויא; הא...= so one can presume she really is a convert! ורמינהי: אחד איש שנתגייר לשום אשה, ורמינהי= ואחד אשה שנתגיירה לשום איש, לשום= וכן מי שנתגייר לשום שולחן מלכים, לשום עבדי שלמה שולחן מלכים= - אינן גרים, דברי ר' נחמיה; עבדי שלמה=

10 שהיה רבי נחמיה אומר: אחד גירי אריות, אחד...אחד...= ואחד גירי חלומות, ואחד גירי מרדכי ואסתר – גירי אריות=Rashi: Samaritans גירי חלומות= Rashi: a dreamer אינן גרים, עד שיתגיירו בזמן הזה. told him to convert

בזמן הזה סלקא דעתך!? אלא אימא: כבזמן הזה! סלקא דעתך= אלא אימא= הא איתמר עלה, א"ר יצחק בר שמואל בר מרתא משמיה הא איתמר עלה= an Amora said 15 דרב: הלכה כדברי האומר כולם גרים הם. about this האומר=

אי הכי, לכתחלה נמי! אי הכי= לכתחלה= משום דרב אסי, דאמר רב אסי: הָסֵ ר מִמְּ ָך עִקְּ ׁשּות פֶּ ה נמי= ּולְּ זּות שְּ פָתַ יִם הַרְּ חֵ ק מִמֶּ ךָ )משלי ד כד(:

תנו רבנן: אין מקבלין גרים לימות המשיח. כיוצא בו כיוצא בו= 20 לא קבלו גרים לא בימי דוד ולא בימי שלמה 1 Mishnah: One who is suspected of having sex with a female slave who is then freed 2 or with a non-Jewish woman who then converted, 3 behold, he may not bring them in to marriage, 4 but if he does, we do not force him to divorce her. 5 Gemara: This [shows], however, that she is indeed a convert! 6 He raised a contradiction: a man who converts for the sake of a woman is the same as 7 a woman who converts for the sake of a man, 8 and similarly, one who converted for the sake of the table of kings [i.e. glory, or] for the sake of service to Solomon [i.e. employment or economic reasons] 9 are not converts;

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Talmudic Literature, Motivations in Giyyur: Overview Jews, by Choice page 65 these are the words of R. Nehemiah. 10 For R. Nehemiah used to say: Lion converts [i.e. in response to punishment76], 11 dream converts [i.e. people who follow a charismatic or a visionary], and the converts of Mordecai and Esther [i.e. who converted out of fear] 12 are all not converts, until they convert at this time. 77 13 "At this time" would it ever occur to you [the converts of Mordecai and Esther are all dead]?! Rather say: at a time like this! 14 An Amora spoke about this, R. Yitzhak bar Shmuel bar Marta said in the name 15 of Rav: The halakhah is like the one who says they are all converts. 16 If that is the case, then [her conversion is acceptable, at least after the fact, so why is the marriage not permitted] even in the first case! 17 In the name of Rav Assi, as Rav Assi said: Put away from you a deceitful mouth 18 and put devious speech in order to לכתחילה far from you (Proverbs 4:24) [i.e., the marriage is forbidden prevent others from speaking negatively about the marriage or the bride]. 19 Our sages taught: We do not accept converts in the days of the Messiah, and similarly, they did not accept converts during the days of David or Solomon. The Mishnah lays out the following scenario: Someone is suspected of having had sex in the first case, he shouldn’t marry her, but ,לכתחילה .with a non-Jew who then converts after the fact), he is not forced to divorce her. The stam) בדיעבד if he does marry her infers, reasonably, that although she converted for improper reasons, the conversion is obviously valid, even if the marriage is only valid bdieved, after the fact78; indeed, the Mishnah assumes this. The primary issue for the gemara, however, is the fact that this women apparently converted for the sake of marriage, and this contradicts the opinion of R. Nehemiah, as quoted in a baraita. The baraita (lines 6-9) raises a variety of reasons which are seen as faulty motivations for conversion. Strikingly, R. Nehemiah's language they are not converts, seems to indicate that these conversions are ,אינן גרים of retroactively considered invalid. Rav's response (line 15) seems to indicate that they are In lines 17-18, the gemara concludes that the .בדיעבד accepted as converts, at least prohibition on the initial marriage is because it would give credence to the suspicions. Why are motivations relevant to conversion? Primarily, this text lays out a variety of different "faulty" motivations for conversion, although various interpreters see the categories in different ways.79 When one excludes the faulty motivations, one is left with a person who wants to convert out of an attachment to God and Israel (although not a specific Israelite). The second main theme is the concern about conversion when Jews are

76 2Kings 17:24-28: After the Assyrian conquest of Israel, the Assyrians settled other populations there. Since they weren’t observing God’s laws, God sent lions, and some of them were killed. The Assyrians sent back one of the exiled Israelite priests who taught them the laws of the land. could mean that the conversions are invalid, but the descendants are not עד שיתגיירו בזמן הזה The baraita's 77 excluded from the possibility of current conversion. This indeed seems to be R. Nehemiah's position that there is a belief in post-facto annulment of conversion, as unlikely as it seems from other soures, and it seems from other sources that none of the classical texts assume that. Given a historical analysis of the text, the possibility of annulment seems real in Tannaitic texts, but not afterwards. 78 Although her motivation is suspect, she is still a convert. As Tosafot point out, there is no reason why she .לכתחילה can’t, at this point, marry a different Jewish man 79 Rashi considers the lions and Mordecai and thinking these are powerful forces. Steinsaltz, who suggests that one might convert because of a bad dream, thinks they are all conversions for fear. The translation of as one who converts under גירי חלומות the author above sees each as a distinct reason; the explanation of the influence of a visionary or charismatic is original, but reasonable historically.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Talmudic Literature, Motivations in Giyyur: Overview Jews, by Choice page 66 it also comes ;גירי מרדכי ואסתר and שלחן מלכים in power which emerges from the ideas of at a time like this. This phraseology is ,כבזמן הזה (out in the stam's restatement (line 13 significant and is repeated below in the baraita about the rabbinic conversion ceremony. Finally, the sugya includes a striking rejection by an Amora (Rav, lines 14-15) of the position expressed by the Tanna, R. Nehemiah; at least according to this text, motivations are apparently not as serious an impediment to appropriate conversion as R. Nehemiah apparently held.80 Note: there is no requirement in any of this to investigate the convert's motivations.

Yebamot 76a: Solomon's Marriage to Bat Pharoah (optional)81

This text provides an interesting perspective on the question of motivations for conversion. Rav Yosef objects to the claim that there is no marriage with non-Jews by quoting I Kings 3:1 which states that Solomon married the daughter of Pharoah; the stam (anonymous voice) of the Talmud undercuts Rav Yosef’s objection by claiming that she must have been converted (line 2). You may want to review our study of Biblical marriage in order to assess the accuracy of that assumption. Nevertheless, this passage assumes that she must have converted. תלמוד בבלי מסכת יבמות דף עו עמוד א מתיב= 1 מתיב רב יוסף: וַיִתְּ ןחַתֵ ׁשְּ ֹלמֹה אֶּ ת )בַ ת( פַרְּ עֹה מֶּלֶּ ְך ויתחתן= מִ צְּרָ יִם )מלכים א ג א(! גייורי גיירה. גייורי גיירה=he converted her והא= but surely [we have והא לא קבלו גרים לא בימי דוד ולא בימי שלמה! [taught in a baraita מידי הוא טעמא אלא לשולחן מלכים, ]עו:[ מידי הוא טעמא= was there any reason 5 הא לא צריכא ליה. אלא=other than רש"י מסכת יבמות דף עו עמוד א הא=this האי=this opinion מידי הוא טעמא - האי דלא קבלו גרים אלא משום אלא משום=is only because דלא הוו מגיירי אלא לשולחן מלכים לא...אלא=only הוו מגיירי=were converting הא בת פרעה לאו צריכא להכי לאו צריכא להכי= did not need this

80 Note the parallel in the Yerushalmi: תלמוד ירושלמי מסכת קדושין דף ד:א, סה תור ב המתגייר לשם אהבה וכן איש מפני אשה. וכן אשה מפני איש. וכן גירי שולחן מלכים. וכן גירי אריות. וכן גירי מרדכי ואסתר אין מקבלין אותן. רב אמר הלכה גרים הם ואין דוחין אותן כדרך שדוחין את הגרים תחילה אבל מקבלין אותן וצריכין קירוב פנים שמא גיירו לשם. Yerushalmi Qiddushin 4:1, 65b : One who converts for love, and so a man for a woman, and so a woman for a man, and so converts for the king's table, and so 'lion converts' , and so the converts of Mordecai and Esther, we do not accept them. Rav says: The halakhah is that they are all converts and we do not dissuade them in the way that we initially dissuade converts, but we receive them and they require a welcoming countenance; perhaps they converted for the sake [of Heaven]. Although Rav's statement is explicitly open to these converts with questionable motives and he requires one to assume the possibility of correct motivation, this is also the earliest reference to dissuading converts. See also Ruth Rabbah 2:16 which derives the idea of refusing the convert's approach three times from the three . .return, in Ruth 1:8,11, and 12 ,שבנה repetitions of the word 81 See Shaye Cohen, "Solomon and the Daughter of Pharaoh: Intermarriage, Conversion, and the Impurity of Women", JANES, 16-17 (1984–85) , pp. 23–37, available at http://www.jtsa.edu/Documents/pagedocs/JANES/1984-1985%2016-17/Cohen16-17.pdf

שהרי= 10 שהרי בת מלך היתה. 1 Rav Yosef objected: "And Solomon married the daughter of Pharaoh, the king of Egypt" (1Kings 3:1) 2 [so it follows that] he converted her. 3 But [it is taught in a baraita] they did not accept converts in the days of David and Solomon. 4 Was there any other reason [for the marriage] other than [the glory] of sitting at the king's table, 5 and this she had no need for [since she was already the daughter of Pharaoh]. Rashi: 8 Was there any reason—this [statement] that they didn't accept converts [in the reign of David and Solomon, was only because 9 they were converting only for the sake of the glory of [sitting at Solomon's table]. But the daughter of Pharaoh did not need this 11 because she was already a princess. Solomon married Pharoah’s daughter, and the gemara assumes that means he converted her, but there is a baraita that asserts that there were no converts in the days of Solomon. The gemara dismisses the contradiction by claiming that Pharoah’s daughter was not prohibited because the only reason people were converting then was to be at the king’s table, and she was already royalty. The gemara's resolution, however, seems suspicious. The Talmud seems to be playing sleight of hand ?משום איש Why is this not also a case of in order to make sense of Solomon’s marriage. Does the stam not really care about issues of motivation?

Two Aggadot Dealing with Conversion: Shabbat 31a is essential, Menachot is optional

The following text describes three stories of potential converts, initially rejected by Shammai and then converted by Hillel.

תלמוד בבלי מסכת שבת דף לא עמוד א Shabbat 31a, Stories of Hillel and Shammai Translation, Jeff Rubenstein, Rabbinic Stories [A1] תנו רבנן: מעשה בנכרי אחד שבא לפני A1] Our sages taught: Once a Gentile came before] Shammai. He said to him, "How many Torahs do you שמאי, אמר לו: כמה תורות יש לכם? אמר לו: שתים, have?" He said to him, "Two, the Written Torah and תורה שבכתב ותורה שבעל פה. אמר לו: שבכתב - the Oral Torah." He said to him, "I believe you about the Written but not about the Oral. I will convert on the אני מאמינך, ושבעל פה - איני מאמינך. גיירני על מנת condition that you teach me the Written Torah [alone]." שתלמדני תורה שבכתב. גער בו והוציאו בנזיפה. .He rebuked him and dismissed him with a reproach [A2] בא לפני הלל - גייריה. יומא קמא אמר ליה: A2] [The Gentile] came before Hillel; he converted] him. The first day he [Hillel] said to him, ''Aleph, beit, א"ב ג"ד, למחר אפיך ליה. אמר ליה: והא אתמול לא gimmel, dalet." The next day he reversed it. He [the אמרת לי הכי? אמר לו: לאו עלי דידי קא סמכת? דעל Gentile] said to him, "Yesterday, you did not tell it to me this way." He said to him, "Did you not rely on me פה נמי סמוך עלי! for that]? As regards the Oral [Torah], you should rely] on me too!" [B1] שוב מעשה בנכרי אחד שבא לפני שמאי, Bl] Another time a Gentile came before Shammai. He] said to him, "I will convert on the condition that you אמר לו: גיירני על מנת שתלמדני כל התורה כולה teach me the entire Torah while I stand on one leg." He כשאני עומד על רגל אחת. דחפו באמת הבנין שבידו. drove him away with the builder's cubit that was in his hand.

[B2] בא לפני הלל, גייריה. אמר לו: דעלך סני B2] He came before Hillel. He converted him. He said] to him, "That which is hateful to you, do not do to your לחברך לא תעביד - זו היא כל התורה כולה, ואידך - fellow. That is the entire Torah. The rest is its פירושה הוא, זיל גמור. ".commentary. Go and learn it [C1] שוב מעשה בנכרי אחד שהיה עובר אחורי C1] Another time a Gentile was passing behind the] academy, and he heard the scribe's voice saying, בית המדרש, ושמע קול סופר שהיה אומר +שמות These are the vestments they are to make: a breast" כח+ ואלה הבגדים אשר יעשו חשן ואפוד. אמר: הללו ,piece, an ephod, a robe, a fringed tunic, a headdress and a sash (Exod 28:4)." He said, "Whom are these למי? אמרו לו: לכהן גדול, אמר אותו נכרי בעצמו, for?" They said to him, "For the high priest." That אלך ואתגייר, בשביל שישימוני כהן גדול. בא לפני Gentile said to himself, "I will go and convert so that they can make me the high priest." He came before שמאי, אמר ליה: גיירני על מנת שתשימני כהן גדול. Shammai. He said, "I will convert on the condition that דחפו באמת הבנין שבידו. you make me the high priest." He drove him away with the builder's cubit that was in his hand. [C2] בא לפני הלל - גייריה. אמר לו: כלום C2] He came before Hillel. He converted him. He said] to him, "They only appoint as royalty one who knows מעמידין מלך אלא מי שיודע טכסיסי מלכות? לך the protocol of royalty. Go and learn the protocol of למוד טכסיסי מלכות. ".royalty [C3] הלך וקרא, כיון שהגיע +במדבר א+ והזר C3] He went and read [scripture.] When he came to] Any outsider who encroaches [near the Tabernacle) הקרב יומת אמר ליה: מקרא זה על מי נאמר? אמר ,[will be put to death (Num 1:51), he said to him [Hillel לו: אפילו על דוד מלך ישראל. ,To whom does this verse apply?" He said to him" "Even to David, King of Israel." [C4] נשא אותו גר קל וחומר בעצמו: ומה ישראל C4] That Gentile made a qal va-homer inference about] himself: "Israel are called the sons of the Omnipresent, שנקראו בנים למקום, ומתוך אהבה שאהבם קרא להם ,and he loved them so much that he called them Israel +שמות ד+ בני בכרי ישראל - כתיב עליהם והזר my firstborn son (Exod 4:22). If it is written about them, Any outsider who encroaches will be put to death הקרב יומת, גר הקל שבא במקלו ובתרמילו - על אחת Num 1:51), then how much the more so [does this) כמה וכמה! apply to] the lowly (qal) convert, who comes with [only] a staff and bag!" [C5] בא לפני שמאי, אמר לו: כלום ראוי אני C5] He came before Shammai. He said to him, "I am] certainly not worthy to be the high priest. Is it not להיות כהן גדול? והלא כתיב בתורה והזר הקרב written in the Torah, Any outsider who encroaches will יומת! בא לפני הלל, אמר לו: ענוותן הלל, ינוחו לך .be put to death (Num 1: 51)." He came before Hillel He said to him, "Hillel, may your gentleness bring you ברכות על ראשך שהקרבתני תחת כנפי השכינה. blessings, for you brought me under the wings of the Divine Presence."

These stories of Hillel, or at least the story of the potential convert who wants to learn the entire Torah while standing on one foot, are widely known, but are frequently used to make an essentialist claim about what Judaism is (i.e., " That which is hateful to you, do not do to your fellow"; here the focus is on how the stories relate to the issue of motivations in conversion. In each of these stories, Shammai rejects the potential convert while Hillel accepts him and immediately converts him. Hillel's actions are problematic in that he accepts as converts people who are not committed to Torah or who make demands and conditions on their conversion. In the third case, it is clear that the convert is converting for the sake of glory by wanting to be kohen gadol. How can Hillel accept them?

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Talmudic Literature, Motivations in Giyyur: Overview Jews, by Choice page 69 One's answer both shapes and is shaped by one's understanding of the history of motivations in rabbinic conversion. If one takes the story as historical, then Hillel, who lived in Second Temple times may simply reflect that period's openness to active conversion or the period's lack of standardization. Of course, then it is not clear why Shammai rejected the converts. More likely, the stories are not only not early, but, as they include some of the features of late Talmudic storytelling, these aggadot probably reflect the stammaitic period. In that light, the stories seem to reject even the opinion of Rav that because Hillel is converting these ,בדיעבד but not לכתחילה motivations impair conversion In this, they are like the passage from Yebamot 24b, which justifies 82.לכתחילה people Solomon's marriage to the daughter of Pharaoh by ignoring that it is a conversion for the sake of marriage. Beyond the issue of motivations, the stories reflect great insight and sensitivity into the experience of the convert. Shammai's makes a quick judgment of each potential convert and rejects each one. In B1, the Talmud includes the detail that Shammai drives away the potential convert with a builder's cubit; the cubit represents that Shammai quickly takes "the measure" of the person and rejects him.83 In each case, Hillel seems to assume that people are not so easily measured; people can change through learning, and he is willing to convert people on the strength of his conviction about learning. In addition, each of the three converts represents a concern of a potential convert. Most non-Jews in antiquity new about the Jewish Bible, but the concept of a body of additional material that is not written down but is still authoritative must have been a real challenge for many prospective converts, just as it is now. A second concern is the breadth of expected learning and the steepness of the learning curve; the convert reasonably can wonder whether s/he can really learn all that is necessary. And in the reference to kohen gadol, Judaism's one vestigial aspect of tribalism, the convert expresses a real concern about whether he will ever really be part of the people of Israel.84 Finally, one should examine the nature of the multivocality that exists within Jewish tradition. In the Second Temple period, motivations were not a crucial issue; after all, the Idumeans were converted at the threat of losing their homes. At least according to the Tanna R. Nehemiah, motivations were so important that improper motives could retroactively annul conversion. The Amora, Rav accepts faulty motives after the fact. The aggadah here seems to think motives are not really relevant.

82 Rashi says Hillel relied on his wisdom that he believed he would accustom the convert to accepting the Oral Torah. Maharsha argues that Hillel did not initially convert them, but merely accepted them as candidates for conversion. Only at a later point was Hillel able to convert them with confidence. Tosafot (Yevamot 24b) explain that Hillel converted them immediately because he saw that these converts would ultimately come to a more noble motivation. According to Rav Uziel (Mishpetei Uziel YD 2:53), Tosafot differentiates between two different cases of ulterior motives. In one case, the ulterior motive is all there is and the gentile must be turned away. In the other case, the ulterior motive leads the person to truly become attached to Judaism and a conversion is possible. 83 Shammai's use of a builder's cubit is an especially potent image for teachers. Measuring tools can hurt. 84 The association of the convert with the kohen appears repeatedly, especially in midrashim about conversion. Perhaps there is a suggestion of the messianic vision of Isa 66:20-21 in which kohanim and levi'im are taken from among the gentiles: )כ( וְהֵּבִ יאּו תאֶ כָל אֲחֵּ יכֶם מִ כָל הַ גוֹיִם מִ נְחָ ה לַיקֹוָק ...)כא( וְ גַם םמֵּהֶ חאֶקַ לַכֹהֲנִים לַלְוִיִם ָאמַ ר יְקֹוָק: 20) And they shall bring all your brothers from among the nations as an offering to God…21) and I will take from them to be kohanim and levi’im, says the Lord.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Talmudic Literature, Motivations in Giyyur: Overview Jews, by Choice page 70 Menachot 44a (optional) This next text also deals with a conversion, but in this case, the convert's motive is explicitly for marriage. Nonetheless, the conversion is performed. תלמוד בבלי מסכת מנחות דף מד עמוד א 1 מעשה באדם אחר שהיה זהיר במצות ציצית, Once a man, who was very scrupulous about the mitzvah of tzitzit, heard of a certain שמע שיש זונה בכרכי הים שנוטלת ד' מאות prostitute in one of the towns by the sea who זהובים בשכרה, שיגר לה ארבע מאות זהובים charged four hundred gold [denars] for her hire. He sent her four hundred gold [denars] וקבע לה זמן. and set a day with her. When the day arrived 5 כשהגיע זמנו, בא וישב על הפתח. נכנסה he came and waited at her door, and her maid came and told her, "That man who sent you שפחתה ואמרה לה: אותו אדם ששיגר ליך ד' four hundred gold [denars] is here and waiting מאות זהובים בא וישב על הפתח, אמרה היא: at the door," to which she replied, "Let him come in." When he came in she prepared for יכנס, נכנס. ;him seven beds, six of silver and one of gold הציעה לו ז' מטות, שש של כסף ואחת של זהב, and between one bed and the other there was a ladder of silver, but the last were of gold. She 10 ובין כל אחת ואחת סולם של כסף ועליונה של then went up to the top bed and lay down זהב. עלתה וישבה על גבי עליונה upon it naked. He too went up after her in his desire to sit naked with her, when all of a כשהיא ערומה ואף הוא עלה לישב ערום sudden the four tzitzit struck him across the כנגדה, face; whereupon he slipped off and sat upon the ground. She also slipped off and sat upon באו ד' ציציותיו וטפחו לו על פניו, the ground and said, "By Cupid of Rome, I 15 נשמט וישב לו על גבי קרקע, will not leave you alone until you tell me what blemish you saw in me." ואף היא נשמטה וישבה על גבי קרקע. By the Temple", he replied, "never have I" אמרה לו: גפה של רומי, שאיני מניחתך עד seen a woman as beautiful as you are; but there is one precept which the Lord our God

שתאמר לי מה מום ראית בי. has commanded us, it is called tzitzit, and with אמר לה: העבודה, שלא ראיתי אשה יפה regard to it the expression 'I am the Lord your God' is twice written, signifying, I am He who 20 כמותך, אלא מצוה אחת ציונו ה' אלהינו will exact punishment in the future, and I am וציצית שמה, וכתיב בה אני ה' אלהיכם He who will give reward in the future. Now [the tzitzit] appeared to me as four witnesses )במדבר ט"ו( שתי פעמים, אני הוא שעתיד [testifying against me]". She said, "I will not ליפרע ואני הוא שעתיד לשלם שכר, עכשיו leave you until you tell me your name, the נדמו עלי כד' עדים. ,name of your town, the name of your teacher the name of your school in which you study 25 אמרה לו: איני מניחך עד שתאמר לי מה שמך the Torah". He wrote all this down and handed ומה שם עירך ומה שם רבך ומה שם מדרשך it to her. Thereupon she arose and divided her estate into three parts; one third for the שאתה למד בו תורה, כתב ונתן בידה. government, one third to be distributed among עמדה וחילקה כל נכסיה, שליש למלכות ושליש the poor, and one third she took with her in her hand; the bed clothes, however, she לעניים ושליש נטלה בידה, חוץ מאותן מצעות, retained. She then came to the Bet Hamidrash 30 ובאת לבית מדרשו של ר' חייא. of R. Chiyya, and said to him, "Master, give instructions about me that they make me a אמרה לו: רבי, צוה עלי ויעשוני גיורת convert". "My daughter", he replied; "perhaps אמר לה: בתי, שמא עיניך נתת באחד מן you have set your eyes on one of the disciples?" She thereupon took out the note התלמידים? and handed it to him. "Go", said he "and enjoy your acquisition". Those very bed-clothes

הוציאה כתב מידה ונתנה לו. אמר לה: לכי זכי which she had spread for him for an illicit purpose, she now spread out for him lawfully. במקחך. אותן מצעות שהציעה לו באיסור הציעה לו בהיתר. This story is very fun and funny, but it is not really a conversion story. In its context in Menachot, the story is emphasizes the reward for observing the mitzvah of tzitzit. . Nonetheless, according to its narrative, conversion for the sake of marriage is apparently an acceptable reason to convert.85 R. Chiyya's question, "perhaps you have set your eyes on one of the disciples?" indicates an awareness that there is something untoward, but the rabbi's rapid conversion of her makes it seem like he asked it with a wink and a nod. Rashi says: "She took out the note from her hand" and she told [R. Chiyya] the whole story and that she was converting for the sake of heaven because she heard a great miracle about the seriousness of the mitzvot and how the four tzitzit smacked him.” Apparently, Rashi makes this argument in order to justify the conversion. That is, the woman is not converting for the sake of marriage but because of the impression that his miraculous ability to withstand temptation has made on her. One should not ignore the ethical dimensions of this text. Although the student is going to a prostitute, he has nonetheless worn his tzitzit, and that serves as a reminder of the mitzvot, exactly as intended. Proper living requires preparation. Furthermore, one must ask what it is that motivates the prostitute to seek the student out. Is she attracted to him simply because he has become the unattainable man (as she was the nearly unattainable woman)? Or is she actually attracted by the student's commitment to Torah. Perhaps commitment and integrity are deeply attractive characteristics.

Enduring Understandings This unit continues to expand and complicate the ways in which students construct their own understanding of previously introduced enduring understandings: 1. Judaism is both a religion and a people ...... p. 15

2. Culture is a filter for experience...... p. 15

3. Social boundaries serve cultural ideals...... p. 33

4. Multivocality in a tradition expresses unresolved cultural tensions...... p. 33

5. Judaism is both universalistic and particularistic...... p. 33

6. Society uses rituals to clarify unclear boundaries ...... p. 52

7. Judaism has a usable history ...... p. 52

85 The connection between these two aggadot and the gemara on Yebamot 24b is not accidental; Tosafot .mentions these two stories explicitly ד"ה לא בימי דוד ושלמה

If Judaism were only a religion, then it would be clear that motivations might be a determining factor, but the fact that R. Nechemiah's position annulling conversions is rejected indicates that peoplehood is also a consideration. The very conflict over the idea of motivation is an expression of the multivocality that exists within the Talmudic sugyot across generations and between halakhic and aggadic materials. As demonstrated with the case of Solomon's wives, halakhah filters how one might read that Biblical passage as well as how many read the other aggadic materials in this unit. One's assumptions about the nature of rabbinic texts can also obscure rather than highlight the gaps that exist between halakhic and aggadic texts. In the two passages from Yebamot, marriage is seen as the ritual which indicates that a social boundary has not been violated, and that indeed conversion must have occurred. The sharply contrasting image of Hillel and Shammai can be seen as expressions of Israel's universal and particular trends. The texts in this unit show both how Judaism re-uses and reframes its history (eg. conversion in the days of David, Solomon, Mordechai and Esther) and provides material for later generations of Jews to reframe their own understandings of what is legitimate in conversion. This unit on motivations and giyyur also introduces two new enduring understandings: 8. Jewish texts mediate between rabbinic ideals and Jewish realities. 9. Power and powerlessness, both actual and perceived, shape identity. The ideal and the real after the fact) reflect the) בדיעבד in the first case) and) לכתחילה The paired categories of rabbinic awareness that although they would like the world to operate according to rabbinic assumptions and rabbinic commitments, it frequently does not. The rabbis don't approve of intermarriage, but it happens. Non-Jews should convert for the sake of heaven, but frequently they convert for other reasons. Rabbis should follow the dictates of the halakhah, but aggadic sources provide models that they do not always do so. Power and powerlessness Yebamot 24b introduces the idea that Jews don't accept converts when they have power at this time, which will be used repeatedly in ,בזמן הזה and it uses the language of tannaitic texts about conversion. Conversely, in the interview prior to conversion, the potential ger is informed about Jewish powerlessness as a means of testing seriousness. Power and powerlessness also play an important role in understanding how rabbis relate to their authority to legislate.

Essential Questions Why do people convert to Judaism? How do later Jewish texts relate to earlier Jewish texts?

Potential Learning Outcomes Motivations in Giyyur Cognitive Process Dimension Knowledge Particular Dimension content 1.0 Remembering 2.0 Understanding 3.0 Applying 4.0 Analyzing 5.0 Evaluating 6.0 Creating 1.1 Recognizing 3.0 Applying unacceptable categories of משום איש, שלחן motivations for motivations to מלכים,גירי conversion particular cases אריות Factual:details 1.1 Recognizing the 6.1 Generating sequence of the hypotheses about Tannaitic, layers and their 3.4 Charting elements differences which Conceptual: Amoraic, general derived from the appear within or structures Stam characteristics different strata across periods 5.6 Weighing 1.4 Describing arguments that Conceptual: Halakhah, characteristics of aggadic material structures Aggadah each genre is early or late 4.0 Analyzing 2.2 Exemplifying the aggadic texts in distinction between terms of these לכתחילה, :Conceptual these terms categories בדיעבד principles 5.0 Evaluating 4.2 Organizing different 6.5 Formulating a 1.5 Identifying 3.4 Charting the various voices versions of response to the different tradents, 2.1 Interpreting different voices about across genres to rabbinic challenges genres, and historical different strata as the relevance of determine if there traditions in presented by a Procedural: layers of the different historical motivations to are consistent terms of Jewish multivocal methods multivocality Talmudic text voices conversion approaches values tradition 3.0 Applying appropriate reading Metacognitive: reading strategies to different strategic strategies genres 5.5 Supporting 6.5 Formulating the claim that criteria for what motivations for one considers Metacognitive: authenticity in conversion are legitimate reasons self-knowledge conversion relevant for conversion

Teaching Ideas The topic of motivations for conversion serves as our starting point for the discussion of rabbinic texts for a variety of reasons, and it is appropriate to allow students to explore these reasons before studying the rabbinic texts. Most conversions in modern times have something to do with intermarriage, and any reading of these texts has to be approached with that awareness. Conversion in pre-modern times was rare, but of course, conversion for the sake of marriage happened then as well. At some point, it is worthwhile returning to the surveys that student filled out at the beginning of the year. How do they know what they know about conversion? Do they know why the converts they know chose to be part of the Jewish people? Although it can be uncomfortable, students should not make assumptions about the motivations for conversion. Each year I have taught this course, I have found students who were surprised to find out that the aunt or uncle (and once, a parent) whom the student thought had converted for the sake of marriage had actually already begun on a path of affiliation with the Jewish people. Marriage is frequently the reason for taking the final step of conversion, but it is not uncommon that Jews by choice found their mate because they were already socializing with lots of Jewish people. Does one convert to Judaism out of a sense of kinship with the Jewish people and then adopt the covenant because that is what Jews do, or does one convert out of a sense of attachment to God and then join the Jewish people because they have a covenanted relationship with God? It is very important to let the students develop a strong case for the necessity of proper motivations; otherwise, the texts here that present alternate views will not seem significant. Furthermore, affirming "proper motivations" is an expression of affiliation with Judaism. In order to provide a proper context for the discussion of these Talmudic texts, one should review previous discussions of motivations. These may include the initial personal survey, a discussion of the forced coversions of the Idumeans under John Hyrcanus, and the unseen passage from the Life of Josephus in which Josephus makes the case for not compelling the Trachonitan volunteers to convert (above, page 62). Preparation for this can also include reading chapters 4 and/or 14 of Becoming a Jew, by Maurice Lamm.

Interaction with Jews by Choice in the Classroom

Many students (and teachers) may not know any people have converted without having marriage as a motivation. Before teaching this unit, it is a good idea for the teacher to do some research and bring a JBC to class. If it is possible to find a convert who has converted without marriage as a motivation, that is quite valuable. But one should not hold such converts as the model; they are, and probably always have been, the exception. Another model is to have a student interview a convert with video, and to play the video recording for the class so they can respond with more candor and openness. Having such a video can also be used in future years in case logistics make it hard to arrange for a class visitor.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Talmudic Literature, Motivations in Giyyur: Teaching Ideas Jews, by Choice page 75 If a class is designated for a visit from a Jew by choice, students should think through what questions they should ask. It is perfectly appropriate to ask questions about motivations, although the visitor should be informed beforehand of the range of questions that might be asked. Allowing the students to determine the interview questions help assess the level of understanding that students have developed concerning the experience of conversion. Asking students to review memoirs of converts or to read some new ones might help the students broaden their perspectives. Do they think to ask about how the convert has been accepted by the Jewish community? Do they think to ask about what the convert found difficult about the process? Are there questions which the students are interested in asking but are concerned about whether the questions are appropriate? Once I had a seminar discussion on whether Jews should or should not engage in active proselytism of non-Jews. As is my custom for seminars, I invited a colleague to participate in order to aid in removing me from the center. This is a common feature of seminars at Gann. Unfortunately, I chose not to tell the students in advance that the colleague from the English department who participated was actually a Jew by choice. I spoke with her about revealing this during the course of the seminar. The result was not what I expected. The irony is that as a matter of principle, I try to avoid pedagogies that hide information from students only to reveal it later. Conscious that one does not remind a convert of that status, I wanted my colleague to control this. Not telling my students that the other teacher in the room was a convert turned out to be a big mistake, although I did salvage the situation. The seminar went well, and students were all over the place on whether it was appropriate to seek converts. But when my colleague revealed that she herself was a Jew by choice, several students were visibly disturbed. Some students had made comments during the seminar that they were concerned would be seen as insulting by my colleague, and since they also had her in class, they were quite concerned. The comments were perfectly reasonable; they questioned whether converts could ever really fit in to the Jewish people. My colleague told me that she was surprised by the attitudes of some of the students, but she wasn't insulted. Many converts themselves wonder whether they will ever fit in. Later, when the class debriefed, I discovered how angry and upset some of the students were as a result of my not informing them. I apologized, but I asked them what they learned from the seminar. Some recognized that the particular comments were very important to the course of the seminar, and realized that had they been held back out of concern for the feelings of their other teacher, the seminar would not have gone as well. Others pointed out that conversion is fairly common, and that Jews should not make assumptions about the background of other Jews. Sensitivity and a welcoming attitude towards converts should be practiced whether one knows a convert is around or not. The point behind this story is not that the teacher of "Jews, by Choice" should risk the trust of students by putting them in an uncomfortable position, even if it can result in important learnings. Rather, I would advise orchestrating the interaction by letting the students process the discussion both before and after. At the same time, the teacher is invited to share this particular story, or to allow students to imagine how they would feel if they had found out only after the fact that a participant in class was a convert. Discussing one's feelings of comfort or discomfort with converts can provide an interesting perspective on Jewish peoplehood.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Talmudic Literature, Motivations in Giyyur: Teaching Ideas Jews, by Choice page 76 Of course, some teachers may be thinking that they have converts in the class already, or they may be converts themselves. In my experience, students who are themselves converts are very open about it86, but the case of the child convert is somewhat different than that of an adult who converts. Usually, childhood converts converted early enough in life that they don't recall the process of socialization into Judaism. They are certainly capable of explaining how their families interact with grandparents who aren't Jewish, but they probably did not make the decisions about how those interactions would take place. They also might feel confident to speak about a parent's conversion experience, but the teacher should realize that the parent's experience may have been "edited" for the child's consumption. The teacher who is him/herself a convert will experience both challenges and opportunities in teaching "Jews, by Choice."87 But the experience of having a convert come into class is one that can provide an invaluable opportunity for balancing the perspectives of the teacher. A teacher who is a convert should choose a visitor whose experiences will make the student's perceptions of conversion more complex rather than a visitor who will simply reinforce the vision of conversion that the teacher has shared.

Yebamot 24b

lekhatchilah—the) לכתחילה Crucial to this Talmudic discussion is the distinction between bedi’eved—after the fact) statements of law. The) בדיעבד ideal circumstance) and recognition that behavior in reality is not ideal is an important one. Students should reflect on why Jewish law frames certain issues in this way in general, and why, in specific, does the issue of conversion for the sake of marriage get this kind of treatment. Indeed, a distinction between the ideal and the real may also reflect the gap between the genres of halakhah and aggadah. In Jews, by Choice, we provide Talmudic texts layered according to four historical layers: Biblical texts (italics), Tannaitic texts (bold), Amoraic texts (Arial font), and the anonymous editorial layer or stam (plain).88 In this curriculum, there is an assumption

86 The openness of child converts may be due to the fact that "Jews, by Choice" is an elective at Gann. 87 Thinking back to the instructional triangle (above, page 8), learning can be distorted when the teacher becomes the subject matter of the course. 88 Although the landmark work of David Halivni has informed my own study, the layering here follows the work of Shamma Friedman. His criteria for separating the Amoraic materials from the stammaitic are listed in an appendix to his groundbreaking methodological study, “Pereq ha’isha rabba babavli,” Mehqarim umeqorot, ed. H. Dimitrovksi (New York: JTS, 1977). The criteria include: (1) Hebrew vs. Aramaic (2) an explanatory, dependent clause is usually editorial (3) clumsy syntax or unbalanced style (4) excessive length (5) resumptive repetition (repetition of the query) (6) excluding a suspected editorial addition produces a simpler reading (7) reference to material further on in the sugya (8) vocabulary (9) grammatical forms frequent in Geonic Aramaic, but rare in Babylonian Aramaic (10) conflicting word order in the testimonia can indicate that the “wandering” unit was a marginal gloss (11) a clustering of variant readings characterizes a later insertion (12) absence of the phrase in manuscripts or parallel passages (13) Medieval exegesis (rishonim) may reflect a shorter text (14) the shorter text is authentic; preference is to be given to the shortest of proposed Amoraic reconstructions.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Talmudic Literature, Motivations in Giyyur: Teaching Ideas Jews, by Choice page 77 that students have already had some exposure to Talmud, although we have also provided complete, layered translations of the texts so that students with less proficiency with the Hebrew and Aramaic can get a sense for the roughness of the text. Even students who look at texts primarily in English are strongly encouraged to use bilingual versions so that they can acquire some of the basic terminology in the original.89 Although students can and do learn to distinguish the layers of the Talmudic text using the criteria that Shamma Friedman has outlined, we have tried to save some time by providing this tool in place in the texts. If a teacher wants his/her students to learn to apply this kind of layering, s/he should understand that this is not only an achievable goal but one with a positive impact on skills development. Students should identify some of the ambiguities in the text, especially those created by the final baraita. A useful way to do this is to ask how this sugya imagines the "history of conversion", being very careful that this is not confused with the actual history of conversion. Clear references to time in the sugya include the reigns of David and Solomon, the time of Mordecai and Esther, R. Nehemiah's own time, and the time of the Messiah. If the students are reading carefully, they will realize that the first baraita of R. Nehemiah indeed assumes that there were converts during the reign of Solomon, although the implication is that they converted for inappropriate reasons. This contradicts the final baraita, but there is no indication in the sugya itself. The following sugya from Yebamot 76a does note a contradiction between the claim that there were no converts in the days of Solomon, but it also ignores the problem that the conversion of Pharaoh's daughter is also "for the sake of a man."

Shabbat 31a

Rabbinic stories are highly crafted pieces of literature. Students should focus on the literary features of the story, including interesting details like the measuring stick or the progression of the narratives. It is useful to outline the narrative, so that students remember the order of the various parts. One can also role play a couple of the scenes and then debrief the each of the characters: Shammai, why did you reject this potential convert? Hillel, why did you accept this convert even though X? Convert, why did you ask what you asked? How did you feel in response to how you were treated? This story introduces for the first time a person who comes to convert. It is important that students develop some clear way of referring to a potential convert. Rabbinic literature is .to represent both the JIT and the full convert גר not as clear; it frequently uses the term Students at Gann have used the term JIT—Jew In Training—to refer to the potential convert. In reviewing the sugya in this unit, it is crucial that students recognize that the case of the convert who wants to be a kohen gadol presents a different voice than Yebamot 24b on the issue of motivations. The other two stories—the convert who accepts only the the

לשום Minimally, this means using terms that describe the different categories of suspected converts, like 89 בדיעבד This should also include basic meta-halakhic terminology like .גירי מרדכי ואסתר or ,לשום אשה or איש Schools that focus on developing independent skills in the study of Rabbinic literature should .לכתחילה and reinforce those skills by referring to the functional Talmudic terms that were used in layering the texts, .דכתיב and מתיב and תנו רבנן and ורמינהי such as

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Talmudic Literature, Motivations in Giyyur: Teaching Ideas Jews, by Choice page 78 written Torah and the convert who wants the "quickie conversion" each have reflections in halakhic literature as well. The convert who accepts only the written Torah can be seen ,חוץ מדבר אחד as a different voice to the refusal of the convert who accepts everything except for one thing (see Sifra Qedoshim 8:3 and Tosefta Demai 2:5, below, Conversion and Covenant, p. 166). The case of the convert who wants to learn everything on one foot finds a reflection in the sugya on the conversion process where the curriculum of the some of the lighter ,מקצת מצוות קלות ומקצת מצוות חמורות convert is described as commandments and some of the weightier ones (see Yebamot 47ab, 85).

Addressing the Israeli Conversion Controversy

With the immigration of hundreds of thousands of people of Jewish descent from the former Soviet Union, Israel is confronted with the dilemma of having brought in substantial numbers of people who qualify for citizenship under the Law of Return but who are not Jewish according to halakhic standards. This topic is addressed later in the class, but it is appropriate to use this challenge as an opportunity to think about why people might want to undergo conversion. Do descendants of Jews from the FSU want to be part of the Jewish people? Does participation in the defense of the State of Israel evidence of that? Do they want to simplify the marriage process? Do they want to just “fit in” or are there financial benefits? After addressing the possible concerns of illegitimate motives, the teacher should complicate the question by elevating it to the level of policy and sociology. What interests does the State of Israel have in having these immigrants convert? Why have these immigrants not sought conversion to Judaism in significant numbers? What interests oppose widespread conversion? How do controversies concerning the status of these immigrants to Israel relate to the baraita about not accepting converts during times when Jews are in power? Are different attitudes about conversion a guage of a sense of Jewish power or the lack of it? Students can explore this question in a wide variety of ways. The issues involved, however, are complex, and deserve more preparation and scaffolding. So try to keep the focus on motivations without dealing in detail with issues of qabbalat mitzvot.

Assessment

Unseen Text

The Yerushalmi's version of Rav's statement (above, page 66, note 80) about accepting converts with questionable motives is a fascinating unseen text, which can be used at different points during this unit. Immediately following study of Yebamot 24b, students should be asked to compare and contrast this version of Rav's tradition with how they understood Rav in the Bavli. At the conclusion of the unit, one might additionally ask how this tradition relates to the multiple voices concerning motivations that speak from the halakhic and aggadic texts.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Talmudic Literature, Motivations in Giyyur: Teaching Ideas Jews, by Choice page 79 תלמוד ירושלמי מסכת קדושין דף ד:א, סה תור ב תנ"ך תנאי 1 המתגייר לשם אהבה One who converts for love, and so a man for a woman, and so a woman אמוראי וכן איש מפני אשה. וכן אשה מפני איש. for a man, and so converts for the סתם וכן גירי שולחן מלכים. וכן גירי אריות. ,'king's table, and so 'lion converts and so the converts of Mordecai and וכן גירי מרדכי ואסתר .Esther, we do not accept them 5 אין מקבלין אותן. Rav says: The halakhah is that they are רב אמר הלכה גרים הם all converts, and we do not dissuade them ואין דוחין אותן כדרך שדוחין את הגרים תחילה in the way that we dissuade converts initially, but we receive them and they אבל מקבלין אותן ;require a welcoming countenance וצריכין קירוב פנים שמא גיירו לשם. perhaps they converted for the sake [of Heaven]. Note: schools which focus on skills development should not provide this translation because the language for all but lines 6 and 8 repeats what has been seen in Yebamot 24b. The most difficult part about this text is trying to explain why Rav would say these converts should get a special welcome. An adequate response would discuss whether this passage has a different attitude towards people who may have converted (or are descended from people who converted) for questionable reasons. A very good response would suggest a coherent reason for Rav’s approach. A good answer should address: • Why are converts dissuaded at all? What does this have to do with motivations? one should not dissuade people who convert for ,לכתחילה Is Rav saying that • if one has already converted, even ,בדיעבד suspect reasons, or is he saying that with suspect reasons, we don’t push them away, but rather we draw them close? How does this relate to the claim that Jewish status is irrevocable ? • Does this imply that someone who converts for suspect reasons is in greater need welcoming) or is it just responding to the likelihood that someone) קירוב פנים of might want to reject this person?

Essay Topics

1. Compare the aggadic texts (Shabbat 31a [Hillel], Menachot 44a [zonah]) with Yeb24b. As presented, do you think Hillel and R. Chiyya’s actions agree with any identifiable positions in Yeb24b on the issue of motivations? What questions do these texts raise when read together? How do you respond to those questions? How do you understand a book (the Talmud) which includes these texts? 2. Consider each of the three different episodes with Hillel as representations of real personal and theological challenges faced by converts. Which do you think is the biggest challenge for potential converts? Are these challenges for you? Why or why not? 3. The story about the zonah has been variously interpreted as a story about how wonderful the mitzvah of tzitzit is, how one can set oneself up for success by wearing

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Talmudic Literature, Motivations in Giyyur: Teaching Ideas Jews, by Choice page 80 protective undergarments, the reward for resisting temptation. For later readers of the Talmud, the story is also about understanding R. Chiyya's conversion of the [former] zonah. Maybe the story is about "what is attractive." What does attractive mean in this story, and how do the different characters respond to what is attractive?

Sociological research

An interesting model of assessment which engages students in a wide variety of creative and reflective behaviors is to have students teach selections of the material from this unit to a Jew by choice in order to more fully explore both the convert's and the student's attitudes towards the issue of motivation. The steps involved in this assessment include: 1. designing a research question 2. selecting texts 3. finding a JBC as a research subject 4. planning the interview questions 5. planning the teaching 6. executing the teaching and interview 7. responding to the interview 8. journaling The goal is to use the classical texts as a goad to discussion about contemporary conversion. Giving the students the opportunity to teach requires them to think about the texts in a different way, while requiring them to develop a degree of mastery. Possible research questions include:90 A. Why do converts choose Judaism? B. How do Jews by choice relate to the complexity of a Jewish tradition that preserves different voices about conversion? C. Was the convert dissuaded from conversion, and how did s/he respond? D. What anxieties did the convert have about conversion beforehand, and how have they played out following conversion? Each of these questions might use different selections of texts. Question A could be explored by studing the various categories of "improper motivations" as well as the claim at this time, when joining Israel doesn't have any ,בזמן הזה that conversion only take place particular political advantages.91 What really motivated the convert to convert given the fact that so many people who intermarry do not convert? Question B might be addressed through teaching the sugya from Yebamot 24b with the different perspectives as to for the sake of ,משום איש whether one is allowed to accept a convert who converts marriage. Alternatively, the multivocality of the tradition might be explored contrasting a

90 Another fruitful question is, "Do one's motives for conversion affect one's later life as a Jew?" This question, however, might be more appropriate with texts that are studied later in the course. .is reused by the baraita on the conversion process, below, p. 79 בזמן הזה Note that the same language of 91

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Talmudic Literature, Motivations in Giyyur: Teaching Ideas Jews, by Choice page 81 selection from Yebamot 24b with the story of the prostitute who converts from Menachot 43b. Question C might be explored by studying the aggadah of Shammai and Hillel and the three prospective converts from Shabbat 31a with a particular focus on the different approaches of Shammai and Hillel. Question D might be explored by looking at the conditions that each of the three converts in that text place on their conversion as examples of the real anxieties of converts approaching Judaism (above, p. 69). The intermediate steps are crucial to success. Students may not be used to teaching; a few well-stated pieces of advice about listening to the student (i.e. the convert/interviewee) instead of talking can go a long way towards making this a successful interview. Using a digital audio recorder can make processing the interview much easier. The final analysis of the data can be presented in a variety of ways, including a formal lab-report describing methods, data, and analysis; a letter to the convert; a class presentation. The final step of journaling on the process allows the student to reflect on taking on the role of teacher as well as on what was discovered. Due to the complexity of the project, the first two options can be designed by the teacher or a couple of options can be designed and students can choose among the options. This is also a rather demanding project, and students who want to do this might do it instead of writing one of the essay topics above.92

92 More topics are suggested below, Sociological Research, p. 107.

5. The Rabbinic Conversion Ceremony

Overview This unit deals with the primary text concerning the rabbinic conversion ceremony and a much more brief text concerning circumcision and immersion. In the first part of the unit, students contrast the Tannaitic conversion procedure with its Amoraic expansion (Yebamot 47ab) and then look at some later commentaries interpret one particularly challenging part of that text in which R. Chelbo claims that converts are like scabs. They then engage in a comparative analysis of a significant baraita concerning circumcision and immersion and explore the possible symbolic meanings of these rituals.

A Commentary for Teachers In the previous unit concerning motivations, we raised the possibility that the different genres of Talmudic literature may preserve different visions of the role of motivations in determining whether a non-Jew is eligible to convert. In this unit, we consider how the different historical layers of the Talmudic text (as well as later Rabbinic commentaries) express different voices concerning the relationship of the Jewish people to converts and the different conceptions of Jewish identity that are encoded in those texts. The approach taken in Jews, by Choice, is that while later generations may explain earlier texts, the different historical layers of the Talmudic text may also reflect different conceptions. In Jews, by Choice, we provide the texts already layered (see above, p. 63). By the end of this unit, students will have explored texts from the Bible, from the Hellenistic period, from the Tannaitic, Amoraic, and Stammaitic periods, and in one example, texts from the 12th, 16th, and 19th centuries. Exploring materials on the same topic from different periods naturally raises questions of possible historical reasons for change. We address this more extensively below (see Assessments: A history paper, p. 108 ), but for now, it is important to note simply that the existence of different voices does not necessarily mean "historical development" and "historical development" does not necessarily mean "progress". There are a wide variety of possible responses to history, and being attuned to the different uses is a goal of this course.

The Rabbinic Conversion Ceremony: The Baraita on bYeb 47a

The primary text in this unit is Bavli Yebamot 47a.93 This text comes in two parts: the first is an extremely long baraita (over 200 words), and then the Amoraic and Stammaitic response and expansion to the baraita. The baraita can be broken up into three parts94: A. An initial interview of the candidate for conversion

93 The presentation here follows the sequence that students would study, but if a teacher wants to prepare גר in the order of the gemara), a good place to start is on page 46a with the baraita) על הסדר this materials See Moshe Lavee, “The ‘Tractate of Conversion’—BT Yeb 46-48 and the evolution of the .שמל ולא טבל conversion procedure”, European Journal of Jewish Studies, (2011) 4.2, 169-213. 94 Cohen, Beginnings, divides this text into six parts. The structure used here is simpler and integrates the .(כשם...כך...) instruction about mitzvot with reward and punishment which the text itself connects explicitly

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Overview Jews, by Choice page 83 B. Basic instruction in basic Jewish practices and beliefs C. The rituals of conversion Mastery of this text is essential because it serves as the basis for later discussion. If students are to be able to identify what is new in the later discussions, they must have a clear conception of what is going on in this text. The Amoraic expansion is below. תלמוד בבלי מסכת יבמות דף מז עמוד א-ב A תנו רבנן: גר שבא להתגייר בזמן הזה, תנו רבנן= מה ראית= what did you see, “for אומרים לו: מה ראית שבאת להתגייר? ”what reason אי אתה יודע שישראל בזמן הזה אי=אין דוויים...= afflicted, pushed דוויים, דחופים, סחופים ומטורפין, ויסורין באין עליהם? ,aside, swept away, displaced 5 אם אומר: יודע אני ואיני כדאי, מקבלין אותו מיד. and subjected to suffering B ומודיעין אותו מקצת מצות קלות ומקצת מצות חמורות, כדאי=worthy מודיעין=inform | מקצת=some ומודיעין אותו עון לקט שכחה ופאה ומעשר עני. עון=[______sin [of ומודיעין אותו ענשן של מצות. לקט...= food support for the אומרים לו: הוי יודע, שעד שלא באת למדה זו, poor ענשן= punishment [for 10 אכלת חלב אי אתה ענוש כרת, [violating חללת שבת אי אתה ענוש סקילה, הוי יודע=!know עד ש...=before ועכשיו, אכלת חלב ענוש כרת, מדה זו=this status חללת שבת ענוש סקילה. חֵלֶב=suet וכשם שמודיעין אותו ענשן של מצות, ענוש כרת=punishable w/ karet חללת=you desecrated 15 כך מודיעין אותו מתן שכרן. ענוש סקילה= /punishable w אומרים לו: הוי יודע, שהעולם הבא stoning כשם=just as | כך=similarly אינו עשוי אלא לצדיקים, מתן שכרן=the reward וישראל בזמן הזה - אינם יכולים לקבל אינו...אלא=only ]מז:[ לא רוב טובה ולא רוב פורענות. עשוי=prepared לא רוב טובה= not the majority of 20 ואין מרבין עליו, ואין מדקדקין עליו. (the good (reward C קיבל, מלין אותו מיד. לא רוב פורענות= not the majority of their punishment (for sin) נשתיירו בו ציצין המעכבין את המילה, מרבין עליו=speak at length חוזרים ומלין אותו שניה. נתרפא, מטבילין אותו מיד; מדקדקין עליו=go into great detail ושני תלמידי חכמים עומדים על גביו, קיבל= מלין=circumcise 25 ומודיעין אותו מקצת מצות קלות ומקצת מצות חמורות; נשתיירו בו ציצין= if shreds of the טבל ועלה - הרי הוא כישראל לכל דבריו. foreskin remain המעכבין= which invalidate אשה, נשים מושיבות אותה במים עד צוארה, נתרפא=once he is healed ושני תלמידי חכמים עומדים לה מבחוץ, מטבילין=[immerse [in a mikveh ומודיעין אותה מקצת מצות קלות ומקצת מצות חמורות. על גביו=above him טבל ועלה= 30 אחד גר ואחד עבד משוחרר. לכל דבריו=in all respects ובמקום שנדה טובלת, אשה= a female candidate שם גר ועבד משוחרר טובלין; מושיבות=have her sit עד צוארה=up to her neck וכל דבר שחוצץ בטבילה, חוצץ בגר ובעבד משוחרר מבחוץ=[outside [the mikveh ובנדה. עבד משוחרר= a freed slave

נדה=a menstruant [interpose [and invalidateחוצץ= A. 1 Our rabbis taught [in a baraita]: If, in present times, a ger comes to be converted, 2 they say to him: "For what reason have you come to be converted? 3 Do you not know that, in present times, Israel is 4 afflicted, pushed aside, swept away, displaced, and subjected to suffering?" 5 If he replies, "I know, and am not worthy!" -they immediately accept him. B. 6 They inform him of some of the easier [kalot] commandments and of some of the more onerous commandments; 7 they inform him of the sin [incurred by failing to leave] the gleanings, the edges [of the field], or the overlooked sheaf [see Lev. 19:9; Deut. 24:19] and the tithe for the poor. 8 They inform him of the punishment [incurred for transgressing] the commandments; 9 they say to him: "Know now that prior to attaining this status, 10 if you ate suet you were not liable to being cut off [karet], 11 and if you desecrated Shabbat you were not liable to stoning. 12 Now, however, if you eat suet you are liable to being cut off, 13 and if you desecrate Shabbat you are liable to being stoned." 14 Just as they inform him of the punishment [incurred for transgressing] the commandments, 15 so too they inform him of the reward. 16 They tell him: "Know now that the world to come 17 is prepared only for the righteous; 18 and Israel, in present times, does not experience [47b] 19 excessive happiness or excessive misfortune." 20 They should not speak at excessive length, nor go into great detail. C. 21 If he accepts, they immediately circumcise him. 22 If any trimmings remain, such that invalidate the circumcision, 23 they circumcise him again. Once he is healed, they immediately immerse him [in a ritual bath]. 24 Two talmidei hakhamim stand above him 25 and inform him of some of the easier commandments and of some of the more onerous commandments. 26 Once he has [been] immersed and comes up, he is like an Israelite for all matters. 27 As for a woman, women place her sitting in the water up to her neck, 28 and two talmidei hakhamim stand outside 29 and inform her of some of the easier commandments and of some of the more onerous commandments. 30 This [applies] equally to a convert and to a slave being freed. 31 The same ritual bath used for a niddah's immersion 32 is used for the immersion of a convert and a slave being freed. 33 All impediments that invalidate an immersion are deemed impediments for a convert, for a slave being freed, and for a niddah.

The Rabbinic Conversion Ceremony: The Baraita: The Initial Interview

תלמוד בבלי מסכת יבמות דף מז עמוד א A תנו רבנן: גר שבא להתגייר בזמן הזה, תנו רבנן= מה ראית= ,what did you see אומרים לו: מה ראית שבאת להתגייר? ”for what reason“ אי אתה יודע שישראל בזמן הזה אי=אין דוויים...= afflicted, pushed דוויים, דחופים, סחופים ומטורפין, ויסורין באין עליהם? ,aside, swept away, displaced 5 אם אומר: יודע אני ואיני כדאי, מקבלין אותו מיד. and subjected to suffering כדאי=worthy The baraita begins in a confusing manner:95 there is no clear way to distinguish between a candidate for conversion and one who is already converted; both are called ger. This lack they accept. In what way is the ,מקבלין of clarity is echoed in the repeated use of the term person being accepted? The term that we have used at Gann (based on student suggestion) is JIT, i.e., a Jew In Training.96

95 On the importance of recognizing ambiguity in rabbinic texts, see below, page 99. כשיבוא אחד להתגייר מן העכו"ם :Note that Rambam, Laws of Prohibited Relations, 14:1 avoids the ambiguity 96 "When one comes to convert from among the idolators" (below, p. 201). A different approach is presented below.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Overview Jews, by Choice page 85 Furthermore, it is not clear who is speaking and accepting the JIT. Presumably, the speakers are native Jews. Are they necessarily rabbis or their disciples? The anonymity of the plural participle in the Mishnah is complex.97 Nothing indicates that they have to be; the general education which is provided hardly requires rabbinic expertise, and the reference to disciples of the sages in section C may actually indicate that prior to the immersion, lay people may be the first contact point for one who wants to convert. Upon reading the whole of the baraita, it is clear that this passage serves as something of an "entrance interview" to clarify the JIT's motivations, and, perhaps, to provide an at this time, should be ,בזמן הזה opportunity for "informed consent." The reference to The Jewish .עד שיתגיירו בזמן הזה ,familiar to the students from the text from Yeb 24b "present time" is one in which Jews are afflicted and displaced. If the JIT is nonetheless willing to join his/her lot with the Jewish people, his/her motivations are considered acceptable.

The Rabbinic Conversion Ceremony: The Baraita: Basic Instruction

תלמוד בבלי מסכת יבמות דף מז עמוד א-ב B ומודיעין אותו מקצת מצות קלות ומקצת מצות חמורות, מודיעין=inform | מקצת=some עון=[______sin [of ומודיעין אותו עון לקט שכחה ופאה ומעשר עני. לקט...= food support for the ומודיעין אותו ענשן של מצות. poor ענשן= punishment [for אומרים לו: הוי יודע, שעד שלא באת למדה זו, [violating 10 אכלת חלב אי אתה ענוש כרת, הוי יודע=!know חללת שבת אי אתה ענוש סקילה, עד ש...=before מדה זו=this status ועכשיו, אכלת חלב ענוש כרת, חֵלֶב=suet חללת שבת ענוש סקילה. ענוש כרת=punishable w/ karet וכשם שמודיעין אותו ענשן של מצות, חללת=you desecrated ענוש סקילה= /punishable w 15 כך מודיעין אותו מתן שכרן. stoning אומרים לו: הוי יודע, שהעולם הבא כשם=just as | כך=similarly מתן שכרן=the reward אינו עשוי אלא לצדיקים, אינו...אלא=only וישראל בזמן הזה - אינם יכולים לקבל עשוי=prepared ]מז:[ לא רוב טובה ולא רוב פורענות. לא רוב טובה= not the majority of the good (reward) 20 ואין מרבין עליו, ואין מדקדקין עליו. לא רוב פורענות= not the majority of their punishment (for sin) מרבין עליו=speak at length מדקדקין עליו=go into great detail The baraita now turns to the education of the convert. The education as described is basic; this is in stark contrast to contemporary patterns in traditional communities where

97 See, for example, Jacob Neusner, The Mishnah: A New translation, (Yale University Press, 1988), p. xxv. Neusher is specifically talking about the Mishnah, and this cannot be generalized to all baraitot, including this one. Nonetheless, Neusner's claim about the sense of permanence and the unshakable power .at this time ,בזמן הזה of the participle, independent of tense, fits nicely, but strangely, with the language of That language admits to an awareness of the dislocation of Israel, but also expresses that sense of dislocation as part of an almost eternal construct. No one caused the circumstances of "this time" and there is no apparent escape from the oppression which is part of this time.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Overview Jews, by Choice page 86 preparation for conversion can take years. But here, the JIT is taught (by whom?) rules of agricultural support (comparable to the laws of tzedakah), kashrut, and shabbat. The JIT learns the consequences for non-observance and a bit of Jewish theology concerning the delayed reward due to the righteous. The instructors are exhorted to keep this instruction brief.

The Rabbinic Conversion Ceremony: The Baraita: Rituals of Conversion

תלמוד בבלי מסכת יבמות דף מז עמוד ב C קיבל, מלין אותו מיד. קיבל= מלין=circumcise נשתיירו בו ציצין המעכבין את המילה, נשתיירו בו ציצין= if shreds of the חוזרים ומלין אותו שניה. נתרפא, מטבילין אותו מיד; foreskin remain המעכבין= which invalidate ושני תלמידי חכמים עומדים על גביו, נתרפא=once he is healed 25 ומודיעין אותו מקצת מצות קלות ומקצת מצות חמורות; מטבילין=[immerse [in a mikveh טבל ועלה - הרי הוא כישראל לכל דבריו. על גביו=above him טבל ועלה= אשה, נשים מושיבות אותה במים עד צוארה, לכל דבריו=in all respects ושני תלמידי חכמים עומדים לה מבחוץ, אשה= a female candidate ומודיעין אותה מקצת מצות קלות ומקצת מצות חמורות. מושיבות=have her sit עד צוארה=up to her neck 30 אחד גר ואחד עבד משוחרר. מבחוץ=[outside [the mikveh ובמקום שנדה טובלת, עבד משוחרר= a freed slave נדה=a menstruant שם גר ועבד משוחרר טובלין; [interpose [and invalidateחוצץ= וכל דבר שחוצץ בטבילה, חוצץ בגר ובעבד משוחרר ובנדה. Qabbalah? which we ,קיבל ,The convert's response to this instruction is indicated by a single word have translated conditionally, "if he accepts". What is the convert accepting? Historically, this one word has taken on many different meanings, and it is important for the students to recognize that at this point that the term is ambiguous; they should try to suggest possibilities. It seems that he must accept something, but what in specific? Is the convert ?the burden of the mitzvot? The system of rewards and punishments עול מצות accepting ?means "if he accepts", how does he accept קיבל That he has to undergo circumcision? If Is it verbal? Is there a formulaic question and answer as appears in the interview? Is it ,simply means "received", as in the first mishnah of Pirkei Avot קיבל possible that Moses received Torah from Sinai.98 ,משה קיבל תורה מסיני Circumcision Circumcision is to be done immediately upon acceptance. Is this because the acceptance of the mitzvot effects the conversion, and now that the JIT has converted, he must act?99 are part of the process which includes clear תלמידי חכמים Whatever the reason, the two

98 See the discussion below, unit 8, Conversion and Covenant, p. 161ff. and especially note 201, p. 162. 99 Compare this to the passage in Josephus where the Jew Eleazar comments to King Izates, “How long will you remain uncircumcised?” (above, p. 42ff.). There the implication may be that somehow Izates has already converted, and as a Jew, he needs to fulfill the mitzvah of circumcision.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Overview Jews, by Choice page 87 standards for what constitutes proper circumcision and the rest of the baraita clarifies details about immersion. The topics of circumcision and immersion are addressed below, page 112. It is not clear whether the instruction takes place before or after the immersion. The followed by ,מטבילין אותו מיד question is whether the immersion is described in line 23 in מטבילין אותו מיד is a summary, or whether טבל ועלה the teaching in line 25, and then line 23 is a preface, followed by the instruction and then he actually immerses according to line 26. Let students adduce arguments either way. The timing is significant as the following question illustrates. Why does the baraita repeat the demand for instruction? If the instruction happens before the immersion, it may be that the instruction is meant to ensure proper motivation for the If the instruction follows upon the .קבלה immersion or may be part of the process of and (מקצת מצוות) immersion, it may be recognizing that instruction has been incomplete that learning about Judaism is an ongoing process, even though the person is now a .a Jew in every respect ,ישראל לכל דבר

The Rabbinic Conversion Process: The Baraita: Process or Event?

What is striking about the Tannaitic conversion process is that the education of the convert is neither comprehensive nor even extensive. It is indeed puzzling how the convert, who is told of his/her liability to punishment for violating Jewish law, can be held responsible with such an incomplete education. One way to resolve this puzzle is to argue that conversion is seen as a process and that the convert, with a cursory understanding of mitzvot, is accepted as a Jew but will continue to learn about the mitzvot. After all, the punishments which are mentioned are directly tied to the instruction about the mitzvot; one does not have to assume that the new convert is held responsible for mitzvot of which he has not yet been informed. Indeed, one can reasonably read lines 24-25 where the disciples of the sages again "inform him of some of the mitzvot" as being the convert's first act as a Jew following his immersion and his/her emergence from the mikveh. A second (more radical) way of understanding the brevity of the instruction is that in some respects, the Tannaitic baraita does not actually have a conception of a Jew in training at all; the very fact that s/he has come indicates that there is already some kind of conversion which has already occurred. If so, the formal rituals of circumcision and immersion are rushed along in order to make the external, attributed identity of Jew accord with the subjective identity which the convert already holds.100 This reading also has arguments to support it: a convert who comes to convert implying ,גר שבא להתגייר the baraita uses the term • גר that he is already a [we accept him [as a Jew ,מקבלין אותו it would fit the more obvious reading of •

100 Identity can be understood in three ways: subjective (how one sees oneself), attributive (how one is seen by others) and optative (a status one wants but has not achieved), p. 48.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Overview Jews, by Choice page 88 • it would explain the hurried training and the warning not to drag it out and the immediately ,מיד repeated use of the term • it would also explain the presence of two witnesses who apparently are testifying to something which has happened. Why does it matter if conversion is an event or a process? If conversion is an event, then after the event, the convert is completely Jewish. The rituals which mark the event should lead to an isomorphic identity in which the convert sees himself as part of Israel, and that is how he is seen by the Jewish community. On the other hand, if conversion is a process, then both the community and the convert are aware that the process of integration into the people of Israel takes time; this can result in recongnizing that there is a need to treat the convert with special care and consideration. The convert would still bear the status of convert. Even after the rituals of conversion, the status of the convert may be in question. The Jewish identity of a native Jew has a similar dynamic. A child born of Jewish parents is a Jew because of its birth. Prior to a covenant ceremony, the child is Jewish, although a covenant ceremony ascribes to the child Jewish status. If Jewishness is primarily a function of nationality, birth is all that is necessary. On the other hand, if Jewishness is a process which happens over time and even extends (along with the ongoing education) past the particular rituals which ascribe Jewish status, there must be more to being Jewish than simply having the status of Jew. As we will see below, the Amoraic response to this baraita and the later version of the baraita from Tractate Gerim place greater emphasis on the integration of the convert into the Jewish people and remove some of the ambiguities that exist in the Tannaitic baraita preserved in the Bavli.

The Rabbinic Conversion Process: The Amoraic and Stammaitic expansion

The primary focus of this part of the study is to engage in careful comparison and contrast between the baraita and the Amoraic and Stammaitic expansion.101 Although it is possible to see the Amoraic expansion as an accurate explanation of the intent of the original baraita, we prefer to judge each case on its merits as to whether the meaning attributed by the Amoraim is or is not what we understood the Tannaitic text to mean. The expansion includes comments on all three of the sections of the baraita, but the expansion is not even. Some comments present a negative perspective on converts and conversion; other parts seem to be more sympathetic. But in all respects, the expansion of the baraita seems to have a greater awareness of the social context of conversion than is apparent in the baraita itself. This is expressed both in terms of an awareness of the ambivalence that Jews have towards converts as well as in its efforts to create a more robust communal context for the integration of the convert into Jewish society. תנ"ך This expansion follows immediately upon the baraita above. Here, direct quotations from תנאי the baraita are bolded, and the other layers of the Talmud are marked according to the formatting to the right. אמוראי תלמוד בבלי מסכת יבמות דף מז עמוד ב סתם 'A אמר מר: גר שבא להתגייר..., אמר מר= מאי טעמא=?What is the reason אומרים לו: מה ראית שבאת להתגייר? ... אי=if ומודיעים אותו מקצת מצות קלות ומקצת מצות פריש=he withdraws נפרוש=we withdraw חמורות. ספחת=scab 5 מאי טעמא? ונלוה...= And the proselyte דאי פריש נפרוש, ,shall join himself with them and they shall cleave (nispchu) דאמר רב חלבו: קשים גרים לישראל כספחת, to the house of Jacob 'B דכתיב וְּנִלְּ וָה הַ גֵר עֲלֵ יהֶּ ם וְּנִסְּפְּ חּו עַ ל בֵ ית יַעֲקֹב בן נח...= A non-Jew would )ישע' י"ד א(. rather be killed than spend a perutah without a "return." 10 ומודיעים אותו עון לקט שכחה ופאה ומעשר עני. מאי קראה= what verse proves מאי טעמא? א"ר חייא בר אבא א"ר יוחנן: ?it

101 Joshua Kulp ("The Participation of a Court in the Jewish Conversion Process", JQR 94.3, pp. 447-448, and notes 36 and 39) argues both that he suspects that this and other Babylonian baraitot are not Tannaitic, and adduces as part of his argument the claim that there is no Amoraic commentary to the baraita: "In the printed version of the Babylonian Talmud and in most manuscripts there is a comment on the baraita which is attributed to R. Elazar, a third-century Palestinian amora. However, this attribution is missing in Munich 95 and in the Hilkhot Alfasi; see The Babylonian Talmud with Variant Readings, Tractate Yevamoth (II), 201, n. 54. In the parallel version in RuthR 2.23, there is no attribution to R. Elazar. Even if this comment is accurately attributed to R. Elazar, in all likelihood it is not a comment made on this baraita. So, too, the other amoraic statements in this sugya are not comments on the baraita but rather statements made in other contexts and used by the Babylonian editors to explicate the baraita. This need not significantly affect our study. What is crucial is that the expansion, which may be stammaitic, came after the text of the baraita. Our analysis does not differ significantly from Kulp's. He sees the Babylonian baraitot as a later stage than other Tannaitic texts, which is an acceptable position but may be a bit complicated for our students. See, however, the discussion of the baraita on circumcision and immersion, below, p. 112.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Overview Jews, by Choice page 90 בן נח נהרג על פחות משוה פרוטה, ולא ניתן ותרא...= When [Naomi] saw how set she was to go with her, להשבון. "she ceased to speak with her ואין מרבים עליו, ואין דקדקים עליו. אסיר לן=we are forbidden וַתֵרֶּ א כִי תחום שבת= to go beyond] the] 15 אמר רבי אלעזר: מאי קראה? דכתיב: cubit border on Shabbat 2000 מִתְּ אַמֶּ צֶּת הִ יא לָלֶּ כֶּת אִתָ ּה וַתֶּחְּדַ ל לְּדַ בֵ ר אֵלֶּ יהָ )רות באשר...= ,For wherever you go א יח( I will go יחוד=[seclusion [with a man אמרה לה: אסיר לן תחום שבת! באשר...= Wherever you lodge, I בַאֲׁשֶּ ר תֵלְּ כִי אֵלֵ ְך )רות א טז(. ".will lodge 20 אסיר לן יחוד! בַאֲׁשֶּ ר תָלִ ינִי אָלִ ין )רות א טז(. מפקדינן= we have been commanded מפקדינן שש מאות וי"ג מצות! ארבע מיתות= four forms of עַמֵ ְך עַמִ י )רות א טז(. execution נמסרו= were given אסיר לן עבודת כוכבים! שני קברים= two locations for וֵאֹלהַ יְִך אֱֹלהָ י )רות א טז(. burial 25 ארבע מיתות נמסרו לבית דין שהויי ...= we don’t delay a mitzvah at all 'C בַאֲׁשֶּ ר תָמּותִ י אָ מּות )רות א יז(. והא=raises a contradiction שני קברים נמסרו לב"ד! תנא= his oral repeater of Tannaitic traditions וְּׁשָ ם אֶּקָבֵ ר )רות א יז(. למאי הלכתא= what law [is this 30 מיד, וַתֵרֶּ א כִי מִתְּ אַמֶּ צֶּת הִ יא וגו'. ?[teaching קיבל, מלין אותו מיד. הדר ביה= returns [to gentile ways] מאי טעמא? שהויי מצוה לא משהינן.... מקדש=betrothes ושני תלמידי חכמים עומדים על גביו. מומר=(apostate (heretic קרינא ביה=I call him והא א"ר חייא א"ר יוחנן: גר צריך שלשה! קידושיו קידושין= his marriage is הא א"ר יוחנן לתנא, תני: שלשה. a legal marriage טבל ועלה - הרי הוא כישראל לכל דבריו. למאי הלכתא? דאי הדר ביה ומקדש בת ישראל, ישראל מומר קרינא ביה וקידושיו קידושין. A' The master said: "A convert who comes to convert…2 They say to him: 'For what reason have you come to be converted?' . . . 3 They inform him of some of the easier commandments and of some of the more onerous commandments." 4 Why? 5 So that if he [wishes to] withdraw, let him withdraw. 6 For Rabbi Chelbo said: Converts are troubling to Israelites like a scab 7 as it is written in Scripture, "And the proselyte shall join himself with them, and they shall cleave to the house of Jacob" (Isa 14:1) 8 B' "He is informed of the sin [of the neglecting to leave] Gleanings, the Forgotten Sheaf, the Corner and the Poor Man's Tithe." 9 What is the reason? R. Chiyya b. Abba replied in the name of R. Yochanan: 10 A Noahide would rather be killed than spend a perutah which does not have a "return." 11 "They do not speak at length, nor go into great detail;" 12 Rabbi Elazar said, What is the scriptural source [for this]? "When [Naomi] saw how determined 13 she was to go with her, she ceased to speak with her" (Ruth 1 :18). 14 She said to her: "We are forbidden to go beyond the [2000 cubit] limit on Shabbat;" [she replied], 15 "For wherever you go, I will go" (1 :16). 16 [Naomi said], "It is forbidden for us to be secluded [with a man]"; [Ruth replied], "Wherever you lodge, I will lodge."17 [Naomi said], "We have been charged with 613 commandments"; 18 [Ruth replied;] "Your people shall be my people." 19 [Naomi told her,] "We are forbidden to worship other gods"; 20 [Ruth replied,] ''And your God my God." 21 [Naomi told her,] "Four modes of execution were assigned to the court"; 22 [Ruth replied,]

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Overview Jews, by Choice page 91 "Where you die, I will die" (1 :17). 23 [Naomi told her,] "Two locations for burial [in disgrace] were assigned to the court [i.e., for the executed]; 24 [Ruth replied,] "And there I will be buried." 25 [Then] immediately, "When she saw how determined she was to go with her, etc." (1 :18). . . . 26 C' "If he accepted, he is circumcised forthwith." 27 What is the reason? — The performance of a commandment must not in any way be delayed… 28 "Two talmidei hakhamim stand above him." 29 But Rabbi Chiyya said, citing Rabbi Yochanan, ''A convert requires three!" 30 Indeed, Rabbi Yochanan instructed the reciter [of the baraita] to say "three." 31 "Once he has [been] immersed and comes up, he is like an Israelite for all matters." 32 What legal point does this convey? That if he [then] returns [to his non-Israelite behaviors] and [subsequently] betrothes an Israelite woman, 33 he is considered an Israelite apostate, and the betrothal is valid.

The Rabbinic Conversion Process: The expansion: recontextualizing the initial interview

The gemara returns to comment on selected parts of the baraita, and in so doing, presents a significantly different conception of conversion. The baraita gave an impression that the initial interview was to check out the potential convert's motivation and perhaps of providing some kind of informed consent. In the expansion, the interview is meant to dissuade the convert. It is not clear what R. Chelbo meant by converts being hard for Israel. Later interpretations (discussed below) range from the possible negative impact that poorly prepared converts may have on Israel to the claim that Jews by choice are more careful with mitzvot than Jews by birth, and they make the latter look bad.

The Rabbinic Conversion Process: The expansion: explaining and recasting the conversion curriculum

The expansion's treatment of the curriculum includes two parts: a brief comment about why the candidate is taught about the laws of agricultural support, and a much larger expansion of the curriculum to include a midrash on Ruth. There are a few ways of reading this comment that a Noahide102 would die over a penny. The most obvious explanation is that to the average non-Jew, charity was an unknown concept. Romans praised public gifts and patrons took care of their clients, but in general Romans did not engage in charity. The comment of Plautus—one who gives to a beggar “prolongs a life of misery” (Trinummus, 339)—may reflect a general sentiment. Recent scholarship has generally reaffirmed this consensus view that outside of Jewish society, “care for the poor was virtually absent in the ancient world prior to the rise of Christianity”103. In a later period, the emperor Julian wrote “For it is a shame that, when no Jew ever has to beg (metaitei) and the impious Galilaeans [=Christians] support not only their own poor but ours as well, all men can see that our people lack aid from us”104

102 On the Noahide laws, see below, note 169, p. 135. 103 Remember the Poor: Paul, Poverty, and the Greco-Roman World, by Bruce W. Longenecker, p. 60, although the author notes some examples outside of Jewish society. 104 Ep. 22, 430C–D. quoted by Sozomenus, Hist. Eccl. 5.16.5–9; GLAJJ 2:549–551, no. 482.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Overview Jews, by Choice page 92 Perhaps R. Yohanan seems to think that non-Jews generally hold to an opinion like that of Plautus. Another way to read this is that R. Yohanan sees the Noahide as extremely greedy and concerned over even such a small amount (cf. Tosafot Eruvin 62a, d.h. "Ben Noach). Note also the Soncino translation: Because a “Noahide would rather be killed than spend so much as a perutah which is not returnable” and Soncino’s note: On learning of the Israelite's financial obligations to the causes of charity he would either resign himself to the inevitable or withdraw altogether from his intended conversion”. Rashi, on the other hand, explains that Noahide law (which the convert presumably was practicing before converting) required capital punishment for theft, and Rashi is concerned that the new convert might kill the poor who are legitimately collecting the agricultural gifts to the poor.105 In either case, the purpose of teaching the laws of agricultural support is specifically designed to counteract a particular non-Jewish behavior (at least as imaginied by the rabbis). Both this comment and the comment of R. Chelbo assume that even after conversion, the convert is still something other than Israel. The next part of the expansion is a midrash on Ruth 1:16-18. Initially, the midrash uses Ruth 1:18 to explain why the baraita includes such a brief education process. The midrash then proceeds to expand the curriculum by interpreting the various phrases of Ruth's speech in the Bible as successive, affirmative responses accepting Naomi's explanation of particular rabbinic practices. 16 וַתֹאמֶ ר רּות ַאל תִ פְ גְעִ י בִ י לְעָזְבֵּ ְך לָשּוב מֵַּאחֲרָ יְִך Ruth 1:16. And Ruth said, Do not urge me to leave you, or to return from following כִ י אֶ ל אֲשֶ ר תֵּ לְכִ י אֵּ לְֵּך ּובַאֲשֶ ר תָ לִינִי ָאלִ ין עַמֵּ ְך you; for where you go, I will go; and where you stay, I will stay; your people עַמִ י וֵּאֹלהַ יְִך אֱֹלהָ י: ;will be my people, and your God my God 17 בַ אֲשֶ ר תָמּותִ י ָאמּות וְשָ ם אֶקָ בֵּ ר כֹה יַעֲשֶ ה יְדֹוָד Where you die, will I die, and there .17 will I be buried; the Lord do so to me, and לִי וְ כֹה יֹסִ יף כִ י הַמָ וֶת יַפְרִ יד בֵּינִי ּובֵּ ינְֵּך: even more, if death separates me from 18 וַתֵּרֶ א כִ י מִתְ אַמֶצֶ ת הִ יא לָלֶכֶת אִתָ ּה וַתֶחְדַ ל .you 18. When she saw that she was set on לְדַ בֵּ ר אֵּ לֶיהָ : going with her, she stopped speaking to her. תחום שבת, ייחוד, תריג :The particular mitzvot which Naomi mentions in the Ruth midrash are all connected to Ruth's words, so it is hard to imagine מצות, ע"ז, ארבע מיתות, קבורה that they are a curriculum.106 Indeed, when compared to the baraita's spare but representative list of Shabbat, kashrut, and tzedakah, the topics mentioned in the expansion seem to lack rhyme or reason. So if the list of mitzvot in the expansion are not meant to be a curriculum, what is it doing? Possibly, the editor wants to present Ruth as the model for the conversion candidate who learns and assents to the learning. The question then is what is the point of providing the convert with Ruth as a model? Certainly Ruth is presented as someone who accepts the covenant (as taught by Naomi), and who also sees her commitment to the

is referring to the sin of not providing the agricultural עוון לקט... Both of these readings assume that the 105 support as opposed to the sin of taking support when one is not entitled. and assume that that provides basis for ignoring the explicit תרי"ג מצוות Some look at the reference to 106 .and requiring a much more extensive and comprehensive conversion curriculum מקצת מצוות... claim of

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Overview Jews, by Choice page 93 mitzvot as a way of cementing her relationship with Naomi and with the Jewish people. Another possibility is that unlike the baraita where the education is provided anonymously, the amoraic expansion models conversion education in which Naomi provides personal mentoring to Ruth. The Amoraic text could imagine that conversion is not just about the transformation of the non-Jew but also about the process that the Jewish community must undergo in order to facilitate that transition. Then one might distinguish Tannaitic conversion as a conversion to Judaism, while Amoraic conversion is also a conversion to Israel. If so, one must realize that this portion of the gemara is not only about providing Ruth as a model for the potential convert, but also about providing Naomi as a model of an accepting (and demanding) Jewish community.

The Rabbinic Conversion Process: The expansion: the conversion rituals

The final section of the gemara includes three comments107 which emphasize that conversion includes acceptance into the Jewish people. The second comment which is explicitly Amoraic is the most significant. R. Yochanan rejects our version of the baraita which describes two disciples of the sages who observe the conversion and (according to the stam) instructs his Tanna, who functions as a kind of human library of Tannaitic traditions, to revise the tradition and change the version to three.108 The move is significant; if there are only two, one could imagine them as witnesses and they are simply present to attest to the conversion which appears in the convert's acceptance.109 But if there are three, they can constitute a court who, as representatives of the community, are not witnessing the conversion but are actually effecting it.110 The convert is converted by virtue of being accepted by representatives of the Jewish people. Prior to R. Yochanan's comment, the gemara first asks a very reasonable question of the baraita: why is the convert circumcised immediately? More to the point, is the convert required to get himself circumcised immediately since he has already become Jewish, or required to circumcise him immediately? If it is the latter, is there a תלמידי חכמים are the

107 Two brief comments about the completeness of the circumcision and the necessity for healing have been omitted. Interestingly, both show a certain sensitivity to the convert. The first cites Mishnah Shabbat 19:6 with an explicit comparison to the circumcision of a kohen which implicitly ties the convert into the kinship structures of Israel. The second comment explains the delay of immersion as concern for the convert's pain. 108 R. Yochanan is presented in the Bavli as having a particularly “open” attitude towards the fixedness of Tannaitic tradition. The Bavli records eight distinct cases of Amoraim telling their Tannaim to revise a .six of the cases are R. Yochanan, one is Rav, and one is R ;אמר... לתנא: תני ... tradition using the formula Abbahu. R. Yochanan also is the Amora most commonly attributed with the position that attributions have .(in various forms) מוחלפת השיטה ,switched 109 Tosefta Shabbat 8:5 assumes that conversion is something that the non-Jew can do on his own: גר שנתגייר בין הגוים ועשה מלאכה בשבת ר' עקיבא מחייב ומונבז פוטר A convert who converts among the non-Jews and does work on Shabbat, R. Aqiva holds him responsible and Munbaz exempts him. Munbaz, of course, is Monobazes, the brother of Izates of Adiabene. The point of the baraita is not that he converts on his own, but that he is in the diaspora. Nonetheless, the assumption is that this convert doesn't know the details of Jewish law and did, indeed, convert without formal instruction. 110 The gemara quotes a comment of R. Yochanan that appears on the previous page (46b). The full ".a convert requires three, 'judgment' is written with regard to it" ,גר צריך ג', משפט כתיב ביה comment is There" תֹורָ ה אַחַ ת ּומִׁשְּ פָ ט אֶּחָ ד יִהְּ יֶּה לָ כֶּם וְּלַ גֵר הַ גָר אִתְּ כֶּם Rashi explains that the reference is to Numbers 15:16 should be one law and one judgment for you and for the convert who lives among you," and as Rashi notes, ".you can't have a judgment with fewer than three" ,אין משפט פחות משלושה

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Overview Jews, by Choice page 94 mitzvah to perform conversions? If so, then the convert's status is even more directly tied to the acceptance of the Jewish people. behold he is like Israel in ,הרי הוא כישראל לכל דבר Finally, the gemara glosses the phrase every respect, as a claim that conversion is irrevocable, and that even if the convert should return to his non-Israelite behaviors and beliefs. In this, the convert acquires an inalienable status like the native Israelite. This statement provides evidence of an ongoing concern about the possible "backsliding convert" and at the same time rejects the legal relevance of that concern.111

The Purpose of the Conversion Ceremony

Cohen summarizes the purpose of the ceremony: to regulate conversion so that it includes all three elements of milah, tevilah, and qabbalat mitzvot; to make sure that the rituals were done properly (including circumcision with the intent to convert, meaning hatafat dam brit for one who is already circumcised); to make sure that the convert understood what was expected of the convert. How is it that this ceremony included a commitment to a system even though the convert did not know all of its details? Perhaps the rabbis assumed that the new convert would learn along the way. This would require that the rabbis had no anxiety of creating a Jew who would then be sinning because he didn’t know what to do. In later times, that consideration has caused rabbis to withhold conversion since they would not want to .לא תתן מכשול לפני עור place a stumbling block before the blind The amoraic/stammaitic response to the baraita adds a theological context to what is, in the baraita, a description of a couple of rituals. There is no mystical element or a focus on the meaning of the event. The rituals aren’t explained. There are no gifts or a sacred meal. There are no special garments. It is valuable at this point to look back and forward. The basics of the rabbinic conversion process are similar to Josephus: joining the Jewish people, adopting the laws, circumcision. Later on, the version in tractate Gerim adds more explicitly theological language, and this becomes even more pronounced in Rambam.

Later Understandings of Rav Chelbo (optional)

Bavli Yebamot 47a (p .87), reads the "interview questions" as a way to dissuade potential converts: "Rabbi Chelbo said: Converts are troubling to Israelites like a scab as it is written in Scripture, And the proselyte shall join himself with them, and they shall cleave to the house of Jacob (Isa 14:1)." Although the general approach has been to study texts in their historical sequence, with this material, we allow for a quick diachronic survey of various understandings of R. Chelbo. The purpose here should not be what is the correct understanding of R. Chelbo. It is clear and that in its context it is brought by ,(קשים that originally, it is meant negatively (hence the editor in order to provide a reason for discouraging converts.

who is legally ,מומר The convert who sins, like the native born Jew, might be considered an apostate, a 111 impaired, but is still Jewish. See below, Tosefta Demai 2:4, p. 165.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Overview Jews, by Choice page 95 The focus here should be on 1) the exegetical freedom different interpreters allowed themselves in responding to this metaphor, and 2) how those different interpretations reflect differing conceptions of the interaction of Jews and converts to Judaism and in particular the "risks" involved in “opening up the borders” to let converts in. פירושי הראשונים והאחרונים לדברי ר' חלבו, "קשים גרים לישראל כספחת" 1. Rashi: 1 רש"י )כאן, במסכת יבמות(: They maintain their old behaviors, and שאוחזין מעשיהם הראשונים ולומדים ישראל .Israel learns from them

מהם :Tosafot Qiddushin 70b71a תוספות קידושין דף ע:-עא. ד"ה קשים גרים 2. Rashi explains that since they are 5 פי' בקונטרס לפי שאינם בקיאים במצות not experts in the mitzvot, they bring on ומביאים פורענות ועוד שמלמדים את ישראל punishment, and further that Israel learns from their behaviors… ממעשיהם ... ויש מפרשים דקשין גרים לישראל כספחת לפי and there are those who explain .3 that converts are like scabs because God שהזהיר הקב"ה עליהם בכ"ד מקומות שלא has warned Israel in 24 places not to oppress them, and it is is impossible 10 להונות אותם ואי אפשר שלא יצערום... that [native Israelites] not cause them ויש מפרשים לפי שעל ידי הגרים ישראל בגלות .some sorrow

כדאמר )פסחים דף פז:( מפני מה ישראל There are those who explain it that .4 מפוזרים בכל ארצות ]עא.[ יותר משאר עובדי Israel is in exile because of converts as it says (Pes 87b) “Why is Israel כוכבים כדי שיתוספו עליהם גרים... scattered among the nations more than 15 וה"ר אברהם גר פירש לפי שהגרין בקיאין others? So that they gather unto them converts…” במצות ומדקדקין בהם קשים הם לישראל 5. And R. Avraham haGer explained

כספחת דמתוך כן הקב"ה מזכיר עונותיהם של that since converts are expert in the ישראל כשאין עושין רצונו mitzvot and and punctilious in their observance, they are like a scab to Israel המאירי על מסכת יבמות דף קט/ב because they remind God of the sins of 20 לעולם יהא אדם נמנע שלא לקבל גרים אלא native] Jews who don't do God's will]

אם כן אחר בחינה גדולה על הדרך שהתבאר Meiri: One should avoid accepting .6 במסכתא זו שמא מתוך אי זו סבה הם converts except after a rigorous test like that described in this tractate lest for מתגיירים ואין כונתם נקייה מכל וכל some reason they convert without absolutely clean intentions. And when

וכשנתגיירו ופרחה סיבתם הם מקילין בדקדוקי they are converted and there reason [for 25 מצות וישראל למדים מהם והוא שאמרו קשים conversion], has vanished, they become lenient concerning the details of the גרים לישראל כספחת ,mitzvot, and then Jews learn from them and that is what they said, “converts are hard for Israel like a scab.” המהרש"ל ים של שלמה יבמות פ"ד סי מט עכשיו שאנו בארץ לא לנו וכעבדים תחת יד MaHaRShaL (1510-1574): Now .7 that we are in a land that is not ours and 30 אדוניהם אם יבוא אחד מישראל לקבלו הרי we are like slaves under the authority of their lords, if a Jew goes and accepts [a הוא מורד במלכות ומתחייב בנפשו וקשה לו convert] it is like rebellion against the

כספחת, וע"כ אני מזהיר ואומר כל מי ,as hard for him as a scab, and therefore שמשותף לקבלה זו האידנא במקום שהמלכות I warn anyone who participates in accepting [a convert] at the present time מקפדת שדמו בראשו in a place where the government enforces this, his blood is on his head. 35

פירוש הנצי"ב עמק דבר Netziv (1817-1893): One who has .8 מי שיש לו ספחת בבשרו אע"ג שהיא שנואה a scab in his flesh, even though it is hateful to him, in any case, he cannot לו מכל מקום לא יוכל לשלט בעצמו ולתלשו, overcome them and remove them, but אלא סובל ממנה ושומרה מכל נזק, כך ,אע"ג rather he endures them and protects them from injury; therefore, even שהגר הוא כספחת, מכל מקום כבר הוא כגופו though the convert is like a scab, in any case, it is already part of his body and ואי אפשר להרחיק עצמו ממנו .one cannot distance oneself from him The most common explanation of R. Chelbo is that the convert has a negative impact on the Jewish community, although this approach has several variations. In being open to the world through conversion, the Jewish people makes itself more vulnerable to outside influences, or at least believes that it is more vulnerable. The most obvious and direct is Rashi's comment that the converts do not actually change their behaviors and Israel learns from them. Meiri also suggests that the problem comes from Jews following the example of converts, but he finds the origin of this in converts who convert for impure motives who become lenient when the reason for their conversion disappears. Tosafot suggests that the injury comes from the native Jews' inability to observe all of the rules protecting the convert. Contrary to Rashi, R. Avraham haGer argues that Jews are more careful than born Jews, and the converts make native Jews look bad. Tosafot also suggest that Israel is in exile in order to gather converts, while, ironically, MaHaRShaL puts teeth behind that by saying that with secular and ecclesiastical opposition to conversion, one who converts non-Jews is in endangering himself. The Netziv extends the metaphor and includes a veiled exhortation to protect the convert as one would protect the scab.112 During Rabbinic times, conversion was not common; fears of the negative impact of Jews by choice may simply have been part of a strategy to maintain high standards for conversion. The variety of approaches to explaining this passage demonstrates the discomfort that Judaism in many periods had with this kind of xenophobic claim.

where he claims that the הלכות איסורי ביאה יג:יח Maimonides comments on R. Chelbo’s comment in 112 majority of conversions are for reasons other than pure ones, and these converts cause Israel to err. I have not included it here because the unit on Maimonides is under development.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Overview Jews, by Choice page 97 Tractate Gerim (optional) The version of the baraita in this minor tractate is not necessary to teach, but it can be used as an unseen text or as an additional text that students might use in a history paper. Cohen argues convincingly that the version of the baraita in the minor tractate Gerim is substantially later than the version preserved in the Talmud. מסכת גרים א:א Whoever wants to convert, they do 1 הרוצה להתגייר אין מקבלין אותו מיד, not accept him immediately, but אלא אומרין לו, :rather, they say to him “Why do you want to convert? מה לך להתגייר? And do you not know that this והרי אתה רואה את האומה הזאת נמוכה וסגופה nation is downtrodden and tortured more than all other nations, and lots 5 מכל האומות, of illness and afflictions come upon וחלאים רבים וייסורין באין עליהן, them, and they bury their children and their grandchildren וקוברין בנים ובני בנים, and they are killed for circumcision ונהרגין על המילה ועל הטבילה ועל שאר כל and immersion and all the rest of the mitzvot, and they don’t המצות, practice their customs in public like other nations do?” 10 ואינן נוהגין בפרהסיא כשאר כל האומות. If he says, “I am not worthy to put אם אמר איני כדאי ליתן צוארי my neck under the yoke of the one who spoke and the world came to בעול מי שאמר והיה העולם ברוך הוא, be, blessed be” they accept him מקבלין אותו מיד, immediately. And if not, he is dismissed and he goes off. ואם לאו נפטר והולך לו. If he accepts, they take him down

קיבל עליו הורידוהו לבית הטבילה to the house of immersion and 15 וכיסוהו במים עד מקום הערוה, cover him in the water up to the place of his nakedness. אומרין לו מקצת דקדוקי מצות, They say to him some details of the על מנת שיהא נותן בלקט בשכחה ובפיאה laws, specifically that he gives the agricultural gifts. ובמעשר. As they say to the man, so they say כשם שאומרין לאיש כך אומרין לאשה, to the woman, specifically that you will be careful about niddah, hallah, על מנת שתהא זהירה בנדה ובחלה ובהדלקת .and Shabbat lights הנר. He immerses and ascends. They 20 טבל ועלה say to him good and comforting אומרין לו דברים טובים דברים של ניחומים, :words “To whom have you attached במי נדבקת, אשריך, במי שאמר והיה העולם ב"ה, yourself? Happy are you [having שלא נברא העולם אלא בשביל ישראל, attached yourself] to the one who spoke and the world was, blessed ולא נקראו בנים למקום אלא ישראל, .be 25 ואין חביבין לפני המקום אלא ישראל, For the world was created only for the sake of Israel, and only Israel is וכל אותם הדברים שאמרנו לך, called the child of God, and no one לא אמרנו אלא להרבות שכרך. .is beloved of God other than Israel

All those things we said to you, we only said to increase your reward. Note how this version of the baraita resolves some of the ambiguities which exist in the Talmudic version. For example, the Bavli version of the baraita uses the confusing a convert who comes to convert) which may relate to the) גר שבא להתגייר formulation idea that there isn't a clear understanding of what to call a candidate for conversion. But Gerim has resolved the problem simply by changing that first word (one who wants to convert). Other aspects of the baraita are more extreme (both in the description of the suffering of Israel currently and in terms of the reward and God's love for Israel.)

Enduring Understandings and Guiding Questions This unit continues to expand and complicate the ways in which students construct their own understanding of previously introduced enduring understandings: 1. Judaism is both a religion and a people ...... p. 15

2. Culture is a filter for experience...... p. 15

3. Social boundaries serve cultural ideals...... p. 33

4. Multivocality in a tradition expresses unresolved cultural tensions...... p. 33

5. Judaism is both universalistic and particularistic...... p. 33

6. Society uses rituals to clarify unclear boundaries ...... p. 52

7. Judaism has a usable history ...... p. 52

8. Jewish texts mediate between rabbinic ideals and Jewish realities...... p. 72

9. Power and powerlessness, both actual and perceived, shape identity. ....p. 72

The Tannaitic conversion ceremony, with its witnessing of a transformation seems to fit more with a conception of Judaism as a religion; the growing awareness of the need to assimilate the convert into Jewish society seems to fit more with a conception of Judaism as a people. The baraita and its Amoraic expansion are nonetheless preserved on the same page of the Talmud, and the difference in perspectives reflects an unresolved cultural tension. This is also expressed in the way the conversion ceremony insists on prompt performance of the mitzvot of circumcision and immersion—trying to clarify a very unclear boundary—but follow that up with additional education which may indicate that the convert still has much to do to become integrated into Jewish society. The initial reference to a convert who comes "at this time" hearkens back to the discussion of conversion in this [powerless] time from the passage in Yebamot 24b. The Amoraic level of the text has a complex, and in some ways difficult set of attitudes towards non-Jews. The various historical interpretations of those texts, as well as the interpretations that contemporary readers may have reflect the ways in which culture both filters and highlights our vision. Just within the range of readings of the R. Chelbo text, one sees the most particularistic and the most universalistic visions of Jewish interactions with non-

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Overview Jews, by Choice page 99 Jews. The Ruth midrash re-appropriates a Biblical story as a model for a new conception of conversion. The conclusion of the conversion ceremony—"if he reverts, we call him an Israelite apostate"—acknowledges that although in an ideal world, conversion would reflect a permanent and complete transformation, in reality, not every conversion will work that way. In recognition of that reality, the rabbis affirm that the rituals of conversion have legally created a permanent transformation, even if adherence to the covenant by the convert has lapsed. It also introduces these new enduring understandings: 10. Judaism is an interpretive tradition

11. The Jew-by-choice provides a model for Jewish identity.

Judaism as interpretive tradition An interpretive tradition shares a reverence for certain texts considered authoritative and/or sacred. It also maintains commonly shared modes of interpretation that allow a member of the community to recognize even that which is novel as being part of the tradition. As David Hartman states, “diversity and disagreement are not signs of inauthenticity”113 In this unit, not only does the Amoraic and Stammaitic material interpret the earlier baraita, R. Yochanan makes the radical move of emending it. R. Eleazar’s midrash reconstructs the Ruth narrative which either reflects or intantiates a visin of Ruth as convert that most modern Jews automatically apply the rabbinic conception of conversion on this book from the Persian period. The varied readings of R. Chelbo’s image of the convert as scab reflect both significant “diversity and disagreement” and the willingness of Jewish interpreters to transform a difficult text.

The Jew-by-choice as a model The convert, who chooses Judaism but whose commitment and place in the people of Israel is irrevocable, serves as a model for the formation of Jewish identity in a pluralistic society. Rabbinic conversion is described both as an event and as a process and in that way is similar to the formation of Jewish identity in general. One can achieve the status of being a Jew simply by birth, but one develops and constructs a Jewish identity through a lifetime of learning and of making Jewish choices. In modern times, the diverse behavior of Jews makes it very hard to create an essentialist definition114 of what a Jew is or a Jew does; the focus on having a basic but not a comprehensive curriculum reflects the assumption that Jewish identity is constructed. Rabbinic concerns about the backsliding convert (including the claim that "we call him an apostate") reflect larger

113 Hartman, A Heart of Many Rooms, page 5. The title of the book derives from Tosefta Sotah 7:12 which reports the statement of R. Eleazar ben Azariah in response to the existential problem faced by the student of Torah confronted by the contradictory opinions of Rabbinic tradition: So you should make your heart into may rooms and bring into them the words of Bet Shammai and Bet Hillel. אף אתה עשה לבך חדרי חדרים והכניס בה דברי בית שמיי ודברי בית הלל See also Bavli Hagigah 3a: So you should make your ear into a hopper and acquire a heart that understands the words of those that declare impure and those that declare pure. אף אתה עשה אזניך כאפרכסת, וקנה לך לב מבין לשמוע את דברי מטמאים ואת דברי מטהרים 114 See above, note 12, page 15.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Overview Jews, by Choice page 100 concerns about how Jews interact with Jews who behave differently but who still have a presumption that they are part of the Jewish people. Although all but the most isolated contemporary Jews can be described sociologically as Jews by choice, Jews respond to that description differently. Some Jews effectively opt out. Many Jews understand choice in terms of their own autonomous decision to choose their community, the frequency and extent of their interaction with that community, and the ways in which they behave Jewishly. Some Jews see their Judaism as an externally imposed obligation, but they also have significant range of choices about the ways in which they construct their Judaism. The challenge for the Jewish educator is to teach that while the mode of expression of Judaism can vary, the fact of membership in the Jewish people should be so compelling that even with the likelihood of choices and changes, the Jew still sees himself and is seen by others, as a vital part of Israel.

Essential Questions Why does Judaism change? If Judaism changes, why is it still Judaism? What, if anything, is essential to being Jewish? Why does Judaism deny the possibility of converting out?

Potential Learning Objectives Rabbinic Conversion Cognitive Process Dimension Ceremony Knowledge Dimension Particular 1.0 2.0 Understanding 3.0 4.0 Analyzing 5.0 Evaluating 6.0 Creating content Remembering Applying Recalling the 2.7 Explaining the 4.0 Analyzing the 5.6 Weighing 1.2 מילה, טבילה, Factual:elements ways these terms repeated use of the term ambiguity arguments for הודעת מצוות the sequence of הודעת concerning מיד structure the immersion and טבילה and מצוות Tannaitic baraita הודעת מצוות Factual:chronology Tannaitic, 1.1 Recognizing 3.0 Amoraic, the strata of Applying Stammatic various parts of criteria to layers the text distinguish strata Conceptual:classification three parts of 4.1 Differentiating 5.5 Supporting the baraita between the content an argument of each part of the about baraita and its differences Amoraic expansion between layers Conceptual:generalizations ambivalence 2.2 Exemplifying the 4.3 Attributing 6.1 Generating a about claim that rabbinic texts evidence for thesis to explain conversion are ambivalence about ambivalence to the the existence of conversion appropriate strata of ambivalence about the Talmud conversion Procedural:methods reinterpretation 2.2 Exemplifying multiple 5.0 Evaluating 6.0 Creating cases of reinterpreted different original texts/rituals interpretations reinterpretaions of texts/rituals Conceptual:generalizations 6.5 Formulating 2.2 Exemplifying 5.5 Supporting historical thesis historical trends or arguments based on Biblical, developments based on about history Hellenistic, and data with evidence Rabbinic texts 1.5 Identifying 3.4 4.1 Differentiating 5.3 Choosing 6.3 Producing a What content different kinds of 2.6 Comparing and Charting between what is learning conversion knowledge is Jewish contrasting contemporary sequence valuable and what outcomes for a curriculum Metacognitive:self- needed to be knowledge and curricula with classical of learning is essential conversion including knowledge Jewish experience models activities knowledge curriculum assessments

Teaching Ideas

Designing one's own conversion process—an introductory activity

Before turning from the question of motivations to the question of the rabbinic conversion ceremony, give students the following assignment: Taking into consideration what you know about conversion at this point, design a process whereby a non-Jew can become a Jew. What do you think a convert needs to know? What are the goals of your curriculum? How much time (total hours over how long a time) should a convert spend learning about each part of the curriculum? What kinds of experiential learning would you include? How would you assess learning? This exercise, even if not done at this point, should definitely be done before students have an opportunity to study the rabbinic texts concerning the training of the prospective convert. After each student comes in with a curriculum, students can then explain their curricula. Then, rotating the curricula around a small group, the curricula should then be analyzed as statements of personal identity. Providing a rubric for assessment of the curriculum will help ensure that the students will have commensurate elements in their curricula which will facilitate the comparisons. Here is an example: Excellent Needs improvement Clearly articulated Will articulate clear goals for the Lack of clearly stated goals or 25 educational goals training the JIT receives and elements of lack of connections between the curriculum will support those goals learning activities and goals Meaningful Includes learning experiences that will Learning experiences do not 50 learning have outcomes leading to the fostering reflect a conception of what is experiences with of a righteous convert necessary to be Jewish outcomes Assessment Includes some kind of assessment of Lacks any kind of assessment 15 learning that accords with the designer's conception of Judaism Awareness of the Will anticipate significant questions on Will not show an awareness of 10 teacher the curriculum by potential teachers by the choices that the curriculum noting and briefly explaining significant designer is making or unusual educational choices

A way to leverage the students' creativity and efforts in producing this curriculum is to have them print up several copies and to share them in small groups. After comparing, and then sharing as a large group, the small groups can then discuss to what extent the curricular choices reflect their personal Jewish identities. Crucial to this assignment is reflecting on whether there is a difference between general Jewish education and education for conversion. Students might be asked to figure out how one educates for commitment or assesses commitment instead of just content knowledge or skills. This conversation allows the student to reflect on the goals of his/her own educational expeience, both in school and out (home, camp…).

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Teaching Ideas Jews, by Choice page 103 Construction of meaning: ambiguity and disambiguation in Rabbinic texts and the Rabbinics classroom

The baraita describing the Rabbinic conversion ceremony is filled with a variety of different kinds of ambiguity. • Key actors are not defined (Who greets the convert?) • Key terms are unclear (Why is there no distinction between a "prospective" ger and one who is already converted?) • The purpose of certain elements is unclear (Why is the prospective convert informed about the persecution of Israel?) (?קיבל What is ?מקצת Crucial terms are left ambiguous (How much is • the instruction, happen ,הודעת מצוות Sequences of events are unclear (Does the • before, during, or after the immersion?) While we have mentioned the importance of a constructivist pedagogy in which students are allowed to try out new ideas and juxtapose them against previously acquired knowledge and to test their new "constructions of knowledge" repeatedly, nowhere is it more important than in their study of this baraita.115 The ambiguities that exist in the baraita must be explored if students are to imagine the ways in which later texts engage in the process of disambiguation. as potentially אומרין לו For example, if the students seriously consider the ambiguity of including average Jews, and not just rabbis, this will force students to imagine a world where the rabbis were not necessarily the institutional representatives of Judaism to the outside world. More importantly, students can then imagine what it means to be the public face of Judaism to someone who is interested in conversion.116 How students relate to the "abandoned possible meanings" of a text is a separate question, but it should be noted that halakhic disambiguation is not terminal; "abandoned meanings" do resurface.

The initial interview

In a time of Jewish power and influence, in a time when our students don't feel persecuted, the language of the candidate interview may sound strange to our students; it is appropriate to let them experience and express a response to that strangeness.117 With reason, some students may have no conception of persecution, anti-Semitism, anti- Zionism, or any other threats to the safety of Jews, and with reason, some students may see Jewish power as a greater problem than Jewish powerlessness. Similarly, students will find the language of "I am not worthy [to join the Jewish people" puzzling. What makes Judaism so special from the perspective of the non-Jew that s/he should not be

115 See above, Constructing Meaning, Constructing Identity, page. 7 116 This can be seen as a follow up to production of the "Guide for Missionaries" 55 117 Students may have already explored the relationship of Jewish identity and the perception (and reality) of persecution in the previous unit on motivations. If so, then the goals here should be 1) to clarify that this initial introduction is meant to clarify the JIT's motivations, and 2) to explore the perception of non-Jews that being Jewish is special and how that relates to Jewish self-perceptions.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Teaching Ideas Jews, by Choice page 104 worthy to join? As much as it might seem to the student that the claim "I am not worthy" is a fantasy of Jewish particularism placed in the mouth of the potential convert, it probably is not. A sincere convert may indeed see the people of Israel as uniquely special and holy. As strange as these perceptions may be, students should recognize that it is reasonable to see the Jews as in danger, and it is reasonable to see being Jewish as special, and that these perceptions are not just applicable to the Tannaitic period, but are held by people even today. What, then, does it mean to a Jew to hear a non-Jew state that s/he is not worthy to be a member of Israel? Students can roleplay this initial interview. First, have them perform it as scripted, then have them try to figure out what the point of this initial interview is (and which responses go with which questions). Then switch who is the interviewer and who the interviewee, and allow the interviewee (the potential ger) to answer freely. When processing the roleplay exercise, allow students to reflect on their own perceptions of Jewish power and powerlessness and whether Judaism is attractive to non-Jews or not. How does a perception of Jewish safety (or power or powerlessness) shape the student's Jewish identity? Is a perception of Jewish comfort or safety related to how one responds emotionally to the claim "I am not worthy"? Students may describe this text as an attempt to scare away the convert. Indeed, the text is read this way by R. Chelbo in the Amoraic expansion. Nevertheless, there is no indication in the baraita that the interview is meant to dissuade the potential convert.

Basic instruction of the convert

What can one extract from this brief curriculum with its mention of Shabbat, prohibited מצוות בין אדם and מצוות בין אדם למקום foods, and support for the poor? It includes both In those regards, the instruction is .אגדה and הלכה It also includes both .לחברו representative, if not comprehensive. A statement of what is necessary to learn in order to become a Jew is in many ways a statement about what constitutes Jewish identity. Students should assess what is and is not included in this list and why?118 If students have already written their own curricula for conversion, they should compare and contrast their own lists with that of the baraita. How do they explain the differences and similarities? Frame this text by referring back to the aggadah in Shabbat 21a (p. 67, and the discussion of how each of the converts reflects real concerns. Is the relatively spare curriculum a reaction to the convert who wants to learn all of Judaism on one foot (p. 77)? Students may be interested in the concept of “light” and “serious” mitzvot, the ways in which Jews categorize mitzvot, what it means to conceive of actual punishments for non- observance of mitzvot (do they think contemporary rabbis teach this), and whether they believe in reward and punishment (delayed or otherwise). Nevertheless, the teacher should keep a focus on the particular goals of teaching this material: how is a convert prepared, and what does this say about Jewish identity. If the students draft “conversion processes” (not necessarily ceremonies), try to extract, as a class, what are the common features. After studying the Baraita, assess which aspects

118 When non-Jews in antiquity talk about Jewish behaviors, they know very little other than shabbat and kashrut (along with circumcision); how and if these two facts are related is worthy of inquiry.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Teaching Ideas Jews, by Choice page 105 of the process the class had correctly predicted, and try to explain why elements which the class included were not found in the Baraita.

The Amoraic Expansion

R. Chelbo What do you think R. Chelbo means by his comparison of converts to a scab on Israel? It is worthwhile to allow students to struggle briefly with what this problematic metaphor means, but various traditional interpretations are found in the optional section, Later Understandings of Rav Chelbo, page 94. Students may be told to record all of their possible readings of the metaphor here, and that the class will return to them later.119 Here, the important finding is that R. Chelbo is brought here by the stam in order to recontextualize the “acceptance interview” as a way to dissuade the potential, and “undesirable.” Later on, when they study various interpretations of R. Chelbo's comment, they will also address what it means to talk about what a text meant and what a text means. As students explore these different explanations, they should try to compare and contrast the different perspectives and whether the readings actually fit with the way R. Chelbo's comment is used in the context of the sugya. One of the views quoted by Tosafot focuses on the inevitability of relations between born-Jews and converts which do not follow the multiple exhortations of Scripture to protect the ger; basically, the argument is that Jewish mistreatment of the convert is inevitable and will be punished. Is this an active concern for contemporary students? Do they think that JBB's do not treat JBC's appropriately? Do they think JBC's would answer similarly? Students are not likely to believe that there is active mistreatment of Jews by choice, but there beliefs should be tested. This is a great opportunity for students to interview converts, explore more memoirs of converts, and for students who are JBCs and children of JBCs to share stories. Ambivalence about conversion Between the statement of R. Chelbo, the comment about Noahides not giving charity (if that is what it means), and the concern about convert returning to his former ways, this text clearly demonstrates a sense of ambivalence about converts and their sincerity, especially in its Amoraic and Stammaitic expansion. Surveying students and their perception of converts and their assumptions about what they think other Jews think of converts is a great introduction to actually gathering some data on this question. Some students will recall from reading memoirs of converts that the Jewish community does not always greet converts with open arms. Some student whose experience of Judaism is so deeply focused on family may feel that it is hard for converts, but few high school students (in my experience) understand hostility towards converts or a lack of trust of converts. Those who do understand or even bear suspicion towards converts have usually

119 A fascinating rereading of the metaphor which was suggested by students at Gann Academy in 2007 (and in several subsequent years) is that the scab must be the result of an injury, and that the chosenness of Israel was the injury. Converts are scabs in that they are part of the healing process of Israel's exaggerated tendency towards particularism and parochialism.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Teaching Ideas Jews, by Choice page 106 had personal experience with conversion which they (or their family members) have described as insincere or incomplete. In any case, there is no reason to leave this discussion at the level of vague impressions. Students can engage in basic sociological research by developing a survey instrument and by gauging attitudes towards converts. Students can produce a survey like this without much difficulty using GoogleSpreadsheets and a form associated with the spreadsheet.120 Important variables to look for include age, number of close friends and relatives who are converts, and denominational affiliation. Once students get enough respondents, analysis of the responses should be rigorous. What correlations exist between groups of respondents and the kinds of attitudes that they have about converts and conversion? Is it problematic that many contemporary Jews do not have any concern about converts?121 Midrash on Ruth Students can easily be confused by the construction of the Ruth midrash. Asking questions like, “If you were writing this midrash, what claim would you have Naomi By being forced ”? עמך עמי make about Judaism that Ruth would respond with the words to reconstruct the midrash, even in part, they can gain a clearer sense that the Naomi’s curriculum is “determined” by the Biblical words of Ruth. This exercise can be expanded; students can write a completely new midrash in which the student identifies different mitzvot in a new reconstructed dialogue between Naomi and Ruth. Once students understand that the "curriculum" suggested by Naomi in the midrash is not really much of a curriculum and that only some of the mitzvot which are placed in the mouth of Naomi really connect to the statements of Ruth, they must figure out why the Tannaitic curriculum was seen as inadequate or incomplete. There are new categories of mitzvot (including issues of sexuality). But the most important aspect of the Amoraic expansion is the inclusion of Ruth as a model of a convert122. The valorization of Ruth as the archetype of conversion provides a personal model for the convert. And, along the lines of the Biblical book, identifying Ruth as a convert also marks David and the Messiah as descendants of converts. This responds to the anxiety that the convert may feel about whether s/he will ever fully assimilate into the people of Israel123. Students should see this as part of the Amoraic awareness of the challenges involved in the social component of accepting converts. He is a Jewish apostate משומד an apostate (who abandons Jewish observance, and not a ,מומר The category of a who adopts another religion), is likely to surprise some students, especially in a pluralistic setting. Although the mumar is Jewish and his betrothal is valid, the Talmud

120 Google Spreadsheets can generate a form which will feed data to the spreadsheet. The form has a wide range of question formats that make building a survey quite easy. Once the form is designed, it can be published with a unique URL and the URL can be sent to anyone. Participants do not need a Google account. For an example, see http://tinyurl.com/conversionsurvey1 121 Compare the 2009 survey by the Israel Democracy Institute which found that 51% of veteran Israelis think immigrants can not truly be Israeli. http://www.haaretz.co.il/hasen/spages/1104894.html 122 This is, indeed, an Amoraic phenomenon. No Tannaitic text refers explicitly to Ruth as a convert. 123 See the discussion above of Bavli Shabbat, the story of Hillel and the converts, and the ways in which each potential convert reflects a real anxiety which converts may experience, p. 67.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Teaching Ideas Jews, by Choice page 107 says that he is not trusted in other Jewish contexts. Most contemporary Orthodox rabbis do not treat a mumar as seriously as Talmudic sources indicate. This follows the ruling of R. Jacob Ettlinger (Binyan Tziyon heChadashot, 23) as followed by R. David Tzvi Hoffman and R. Moshe Feinstein. With the realization that the experience of the Jew by choice can serve as a model for the formation of Jewish identity, the student should realize that differences in practice (always more serious than differences in belief) do have consequences in the realm of attributed identity. Different Jews will perceive Jews who do not follow their norms with varying degrees of trust and fellowship. That said, the model of the convert who is always seen as a Jew, whose identity and membership in the Jewish peope is irrevocable is a crucial learning for students. The assumption that one is still a Jew also includes the assumption that whatever norms and responsibilities Judaism entails still devolve upon the Jew whether s/he accepts them or not.

Assessment

Essay Topics

Contrast the purpose of the initial interview of the convert as it is understood by the Tannaim and by the later expansion. How are those views related to materials you have studied concerning motivations for conversion? How might different audiences respond to the claim about the irrevocability of conversion? How do texts reflecting ongoing suspicion of converts relate to whether conversion is an event or a process? How have Rabbinic texts expressed ambivalence about conversion, and what might be missing in a Jewish culture that doesn't share that ambivalence?

Unseen Text

The following text may be used as an unseen to assess student ability to evaluate apparently contradictory evidence. Instructions for the unseen would be: Comment on this text in light of other texts we have studied. Do not forget to ask yourself, “What is R. Yehudah really trying to define?” בבלי יבמות מז ע"א ת"ר: +דברים א'+ ושפטתם צדק בין איש ובין אחיו ובין גרו - מכאן א"ר יהודה: גר שנתגייר בב"ד - הרי זה גר, בינו לבין עצמו - אינו גר. מעשה באחד שבא לפני רבי יהודה, ואמר לו: נתגיירתי ביני לבין עצמי, א"ל רבי יהודה: יש לך עדים? אמר ליה: לאו. יש לך בנים? א"ל: הן. א"ל: נאמן אתה לפסול את עצמך, ואי אתה נאמן לפסול את בניך. Our rabbis taught: “and judge righteously between a man and his brother, and the ger that is with him” (Deut 1:16). From this text R. Yehudah deduced that a man who becomes a convert before a Bet Din is deemed to be a convert, but [he who does so] on his own is not a convert. A case of one who came before R. Yehudah and said to him: I converted on my own. Rabbi Yehudah said to him: Do you have witnesses?

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Teaching Ideas Jews, by Choice page 108 He said to him: No. [R. Yehudah said:] Do you have children? He said to him: Yes. He said to him: You are trusted to invalidate yourself, but you are not trusted to invalidate your children. R. Yehudah, a tanna, does not explicitly require a bet din but states that conversion in a bet din is trusted. The student should read this text in light of the baraita and R. Yochanan's expansion of it where he replaces the two witnesses in the baraita with a bet din? One might argue that R. Yehudah is an individual opinion that is only adopted in Amoraic times.124 This, however, is not necessarily the case. R. Yehudah is not actually making a claim about the nature of conversion but about trusting whether someone is actually a ger. If something is done in front of a court, it is trusted to have actually occurred, but not if it is done privately. But R. Yehudah’s question about whether he has witnesses to the fact that he converted “on his own” implies that R. Yehudah actually can imagine private conversion which can be attested to by witnesses, which fits with the baraita’s description. Selections from tractate Gerim (above, p. 97) can be used as an unseen text. A good example might be the expanded interview passage. Tosefta Shabbat 8:5 (a convert who converts among non-Jews, above, p. 93Error! Bookmark not defined., note #109) might also work as an unseen text. גר שנתגייר בין הגוים ועשה מלאכה בשבת ר' עקיבא מחייב ומונבז פוטר A convert who converts among the non-Jews and does work on Shabbat, R. Aqiva holds him responsible and Munbaz exempts him [from punishment]. The teacher should indicate (on the quiz for the unseen) that the issue in debate is whether the violation of Shabbat is punishable or not. The assessment should also supply that the information that Munbaz, of course, is Monobazes (the father of Izates); either the Talmud knew Izates by the same name or the Talmud confuses him with his son. A good answer should address what it means to convert among the non-Jews. They might ask whether the conversion was legitimate (were there witnesses, how was he taught about Judaism, what does it mean to be Jewish outside of the land). An great response will recognize that the dispute between R. Akiva and Munbaz is related to this convert's preparation and try to draw a distinction between R. Akiva (a ba'al teshuva according to aggadic sources) and Munbaz (a convert) on this issue. It might also raise the possibility that conversion could happen even without witnesses and fit this into a Tannaitic conception of conversion (noting the Amoraic change to the presence of a bet din).

Historical argumentation

Students should understand that conversion is only one phenomenon through which one may examine the emergence of Jewish identity in ancient Judaism. An essay in response to parallel research can assess student understanding while also broadening their historical perspective. It also serves as a good introduction to the history paper (below): Daniel Boyarin infers from the numerous Tannaitic stories and laws concerning “heretics” (and the lack of concern with heretics among Amoraim) that the Tannaim

124 See above, (page 86, note 101) on Joshua Kulp's claim that these Babylonian baraitot are late.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Teaching Ideas Jews, by Choice page 109 “seriously attempt[ed] to construct Judaism…as a ‘religion’…[but later] the Rabbis rejected this option, proposing instead that ‘an Israelite, even if he [sic] sins, remains an Israelite.’ The historical layering of these two ideologies and even self-definitions…provides for the creative ambivalence in the status of Judaism today.” (Border Lines, 2006, p. 11). Explain Boyarin’s claim and what he means by his quotation of “an Israelite, even if he [sic] sins, remains an Israelite.” Does evidence from the Tannaitic and Amoraic materials about conversion support or contradict Boyarin’s claim?

A history paper

The most complex assessment for this unit is to have students develop a historical thesis about the nature of conversion or Jewish identity, using whatever sources they have studied up to this point. Can they draw conclusions about a change or a development or an historical constant? Is the thesis arguable and can they use evidence to support it? An important use of this assessment is to ask questions about the meaning and significance of the student's historical thesis. Does the student believe that his/her thesis has implications for communal policy? How so or how not? Later on in the course, students will ask much more serious questions about the nature of the use of history in determining communal policy. The teacher should be attentive to the various uses of history which the students make at this point so that later on, s/he can refer back. The various uses of history should be introduced when studying contemporary approaches to conversion because moderns tend to make greater use of historical arguments. At that point, students are exposed to the following modes of "using history": 1. Historical origins: identifying the earliest approach as the most valid or most correct approach 2. Historical constant: identifying that which has not changed as an argument to suppress change 3. Historical options: identifying the range of what has been done in order to define what is possible or permissible 4. Historical models: identifying the range of what has been done but without a commitment to stay within that range 5. Historical nihilism: identifying the inconsistencies of the evidence and the inadequacies of our knowledge of history and concluding that since history doesn't teach anything, any options are available 6. Historical context: identifying a particular practice with a particular (currently inapplicable) circumstance or context in order to reject or apologize 7. Historical precedent: identifying a particular (usually “non-normative” or “suppressed”) example to justify a change 8. Historical flow: identifying trends or a "flow" in history in order to justify continued development in that direction 9. Historical essence: identifying what is the crucial, continuous historical essence in order to allow a change as long as the essence is maintained 10. Historical myth: identifying particular constructions of history as biased by a particular worldview (or as outright fabrication) to reject the arguments from historical origins or constant

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Teaching Ideas Jews, by Choice page 110 Students should be aware of these various uses which policy-makers might utilize to support or reject policies. Students should understand that writing a history paper is not the same thing as writing a policy paper, but if they want to address the possible policy implications of their theses, they should write about those policy concerns in the conclusion to the paper. 125 Writing a history paper has the potential to force the student to integrate a wide range of different sources (including Biblical, Hellenistic, and the various strata of Rabbinic literature) into a particular historical vision. In order to scaffold student learning and support the production of this kind of paper, it is worthwhile to keep an ongoing chart in which students track differences in approach between texts from different time periods. Examples of thesis statements made by students at Gann Academy include: • From the period of the Bible through the close of the Talmud, the status of women as independent members of the Jewish people became more established. • Although the rabbis maintained an ideal of conversion for the "right motives" throughout the Talmudic period, that ideal did not prevent the rabbis from accepting converts whose commitments were not so perfect. • Until the close of the Talmudic period, the only constant about Judaism's attitude towards those on the edge of Jewish society has been Jewish ambivalence. • Although Tannaim put a greater emphasis on the religion of Israel, their attitude is an anomaly in the span of Jewish history. Teachers are strongly encouraged to discuss the process with history teachers so that aspects of the format and the process of writing this paper can leverage the skills acquired in history class. Following these steps will help the students write well-argued papers 1. Develop an arguable thesis statement with a defined historical scope. 2. Sort through all of the relevant evidence and revise the thesis if necessary 3. Outline supporting and contradicting evidence 4. Get peer feedback on one's outline 5. Write a draft of the paper 6. Revise

Sociological Research

Many of the materials in this unit can also be used in the context of sociological research where the student teaches some of the material to a Jew by choice with a particular research question in mind. A description of the process is found in unit 4, “For the Sake of Heaven”: the convert’s motives in Talmudic literature, page 80.

125 This schema of identifying different uses of history is original. After much consultation and research, it seems that no one has actually categorized these uses before. I hope this is a valuable contribution which may be of use beyond this course.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Rabbinic Conversion Ceremony: Teaching Ideas Jews, by Choice page 111 Possible research questions and associated texts include: • What was your conversion process like? with the baraita from Yebamot 47b • Have you ever experienced hostility from Jews? with the R. Chelbo text Students at Gann have also taught the range of responses to the R. Chelbo texts with a more open agenda, simply seeing where the conversation might go.

6. The Rituals of Conversion: Circumcision and Immersion (optional)

Overview In this unit, students explore the rituals of circumcision and immersion.126 The goal is to help students understand that ritual behaviors bear symbolic meanings, and that these meanings may change over time. They will also explore how the rituals relate to conceptions of gender and Jewish identity. The unit begins with a brief exploration of circumcision and immersion in the Bible and Rabbinic literature, and then moves on to a comparison of two parallel baraitot in the Yerushalmi and the Bavli about circumcision and immersion in the context of conversion. The final part of the unit focuses on different medieval and modern conceptions of the meaning of these two rituals.

Commentary for Teachers

Circumcision

In the Bible, circumcision of the foreskin is already used as a powerful metaphor.127 The orlah , "foreskin," is something that interrupts or prevents Israel from doing ערלה term what they are supposed to do. Moshe feels incapable of fulfilling God's charge to free the he has uncircumcised lips (Exodus 6:12,30). Moshe ,עֲרַ ל שְ פָתַ יִם Israelites because he is cannot control them adequately or use them to fulfill God's word. When Moshe is ,ּומַ םלְתֶ אֵּ ת עָרְ לַת לְבַבְ כֶם commanded to make the second set of tablets, he tells Israel circumcise the foreskin of your hearts (Deuteronomy 10:16) so that Israel will obey God and not return stubbornly to the idolatrous ways which caused the first tablets to be destroyed.128 Here the term also is associated with softness and vulnerability as opposed to the image of a stiff neck, which also appears in this verse. For Jeremiah, Israel's inability to rejoice in God's command is an indication that their ears also have, as it were, behold, their ears have a ,הִנֵּה עֲרֵּ לָה ָאזְנָםוְ ֹלא יּוכְלּו לְהַקְשִ יב a foreskin. Jeremiah says foreskin and they are unable to pay attention (Jeremiah 6:10).129

126 This material can also be integrated with the previous unit. 127 Cohen, From the Maccabees to the Mishnah, pp. 52-3, notes the references to circumcision in Genesis 17 (the initial command), Genesis 34 (the rape of Dinah), Exodus 4 (Tzipporah and circumcision), Exodus 12 and Joshua 5 (circumcision and Passover), but then claims, "the Bible as a whole generally ignores [circumcision] and nowhere regards it as the essential mark of Jewish identity or as the sine qua non for membership in the Jewish polity." The references to the uncircumcised seem to argue against this claim. Cohen continues his argument by emphasizing how circumcision did function as a marker of identity in the Hellenistic period, and our discussion follows his. ָאז יִכָנַע לְ םבָבָ הֶעָרֵּ ל Similarly, Leviticus 26:41 also refers to the humbling of Israel's uncircumcised hearts 128 וְהָסִ רּו ,which may be a result of their disperson among other nations. Jeremiah uses the same image in 4:4 ,remove the foreskins on your hearts, and even more powerfully in 9:25 ,עָרְ לוֹת לְבַבְ כֶם for all of the nations are uncircumcised, and all of the house of , כִי כָלהַ גוֹיִםעֲרֵּ לִ ים וְ כָל בֵּ ית יִשְרָ אֵּ לעַרְ לֵּי לֵּב Israel have uncircumcised hearts. 129 Stephen, in the Christian Acts of the Apostles (7:51) re-uses the metaphor against the the Sanhedrin.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 113 however, is as a metonym for non-Jews. In ,ערל The most common use of the term Ezekiel, the violation of the covenant is marked by giving non-Israelites the access which בַהֲבִ יאֲ כֶם בְ נֵּינֵּכָר עַרְ לֵּילֵּב וְעַרְ לֵּי בָשָ ר :(is intended only for the priests (Ezekiel 44:7 and 9 in your bringing foreigners, with uncircumcised hearts and uncircumcised ,לִהְ יוֹת בְמִקְדָ שִ י flesh into my sanctuary. And in Isaiah (52:1), the rejection of the uncircumcised is seen for no longer will the , יכִ ֹלא יוֹסִ יף יָבֹא-בָ ְך עוֹד לעָרֵּ וְטָמֵּ א :as a sign of redemption uncircumcised and impure come into Jerusalem. Nonetheless, although circumcision (and its absence) serves as a potent symbol marking the difference between Israel and not- a sign of the covenant and not a ,אות ברית Israel, circumcision in the Bible remains an ritual surgery which transfers obligation to the covenant to a young male Jew. Circumcision is performed on Israel; it doesn't create members of Israel. In the Hellenistic period, the role of circumcision changes. Circumcision is clearly a strong marker of Jewish identity. Hellenizing Jews who wanted to erase their Jewish identity sought to remove the sign of circumcision (apparently with surgery, 1 Macc 1:15). When John Hyrcanus conquered Idumea and Iturea, they were joined to Israel through circumcision (above, p. 42).130 It is precisely at this moment in Jewish history when circumcision no longer functions ,ערלים the sons of the covenant, and ,בני ברית merely as a marker of the divide between the uncircumcised. With John Hyrcanus' conversion of the Idumeans, circumcision becomes the gateway into Judaism. The wall has become a gate, and the tribe has become, in some ways, a religion. At this point, one can imagine Herod going to Hebrew school and deciding if he is an Idumean Jew or a Jewish Idumean. When circumcision is the means by which foreigners are integrated into Jewish society, however, it raises what Shaye Cohen has called the Sarah paradox.131 If circumcision is the sign of Jewishness, how can half of the Jews not be circumcised? One way of resolving the Sarah paradox is to assume that women did not have an independent Jewish identity (see above, p. 28). Just as a non-Israelite woman (like Tamar) became part of Israel when married to an Israelite male, so the Idumean women became part of the Jewish people when their husbands and fathers became part of the Jewish people. Second Temple sources do refer to women who became Jewish without their husbands. Helena, the mother of Izates (above, p. 45) and the women of Damascus (above, p. 48, note 57). There is no mention of how these women converted.

Immersion

The TaNaKh describes washing as a remedy for impurity. Leviticus (in several places) in the טבל With one exception, the term .רחץ את בשרו and Numbers 19 use the term TaNaKh means dip, as when the kohen would dip his finger in blood or in oil in a

130 Similarly, Achior in the apocryphal book of Judith is converted through circumcision (Judith 14:10). 131 Cohen, Why Aren't Jewish Women Circumcised, page 13. Cohen also refers to the Ishmael paradox— how does Judaism deal with circumcised non-Jews. Tosefta Shabbat 9:15 describes a conflict between Bet drawing the blood of ,הטפת דם ברית Hillel and Bet Shammai about whether a circumcised non-Jew requires and Bet (הטפת דם ברית the covenant, or not. The conflict between Bet Hillel (which does not require Shammai which does can be seen as a conflict between whether the crucial aspect of circumcision for a convert is the removal of the foreskin or the presence of covenantal blood.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 114 as (רחץ) purification ceremony. Rabbinic texts all understand the references to washing bodily immersion in the mikveh, but there is no internal evidence that this is what the Torah means. Naaman which does mean immersion is the purification טבל One exception to the use of the term of Naaman (2 Kings 8). In this text, an Aramean leper is healed through immersion in the Jordan. Naaman is initially, both insulted and skeptical about the prophet Elisha's command to immerse in the Jordan to hel his leprosy. Eventually, Naaman does follow Elisha's instructions, is healed, and becomes a believer in the God of Israel. מלכים ב, פרק ח )יד( דוַיֵּרֶ וַיִטְ בֹל בַ יַרְ דֵּ ן שֶבַ ע פְעָמִ ים כִדְ בַ ר אִ יש So he [Naaman] went down, and .14 הָאֱֹלהִ ים וַיָשָב בְשָ רוֹ כִבְשַ ר נַעַ ר קָ טֹן וַיִטְ הָ ר: ,dipped/immersed himself seven times in the Jordan according to the word of the man of God; and his )טו( וַיָשָ באֶ ל אִ יש הָאֱֹלהִ יםהּוא וְכָלמַחֲ נֵּהּו flesh was restored like the flesh of a little child, and וַיָבֹא וַיַעֲמֹדלְפָ נָיו וַיֹאמֶ רהִ נֵּה נָא ייָדַעְתִ יכִ אֵּ ין ,he was clean. 15. And he returned to the man of God אֱֹלהִיםבְ כָלהָ ץָארֶ יכִ אִם בְ יִשְרָאֵּ ל וְעַתָ ה קַ ח he and all his company, and came, and stood before נָא בְרָ כָה תמֵּאֵּ עַבְדֶ ָך: him; and he said, Behold, now I know that there is )טז( וַיֹאמֶ ר חַ י יְקֹוָק אֲשֶ ר עָמַדְתִ י לְפָ נָיו אִ ם no God in all the earth except among Israel; now חאֶקָ רוַיִפְצַ בוֹ תלָקַחַ וַיְמָאֵּ ן: .therefore, I beg you, take a blessing of your servant 16. But he said, As the Lord lives, before whom I )יז( וַיֹאמֶ רנַעֲמָ ןוָֹלא ןיֻתַ נָא לְעַבְדְ ָך מַשָ א צֶמֶ ד stand, I will receive none. And he urged him to take פְרָדִ ים האֲדָמָ יכִ לוֹא היַעֲשֶ עוֹד עַבְדְ ָך עֹלָה it; but he refused. 17. And Naaman said, If not, let חוָזֶבַ לֵּאֹלהִ ים אֲחֵּרִ ים כִ י אִ ם לַיקֹוָק: ’then, I beg you, be given to your servant two mules burden of earth. For your servant will no longer offer )יח( לַדָבָ ר הַ זֶה יִסְ לַח יְקֹוָק לְעַבְדֶָך בְ בוֹא אֲ דֹנִי [a burnt offering or sacrifice to other gods, but [only בֵּ ית רִ מוֹן לְהִשְתַ חֲ וֹת השָמָ וְ הּוא נִשְ עָ ן עַ ל יָדִ י to the Lord. 18. In this thing, may the Lord pardon וְהִשְתַ חֲוֵּיתִ יבֵּ ית רִ מֹן בְהִשְתַ יחֲוָיָתִ בֵּ ית רִ מֹן your servant, that when my master goes to the house יִסְ לַח נא יְקֹוָק לְעַבְדְ ָך בַדָבָ ר הַ זֶה: of Rimmon to worship there, and he leans on my )יט( וַיֹאמֶ רלוֹ לְֵּך לְשָ לוֹם וַיֵּלְֶך מֵּאִ תוֹ כִבְרַ ת ;hand, and I bow myself in the house of Rimmon ָארֶ ץ: ס ,when I bow down myself in the house of Rimmon the Lord pardon your servant in this thing. 19. And )כ( וַיֹאמֶ ר גֵּיחֲזִינַעַ ראֱלִ ישָ עאִ יש הָאֱֹלהִ ים הִ נֵּה he said to him, Go in peace. And he departed from חָשַ ְך אֲ דֹנִי אֶ ת נַעֲמָ ן הָאֲרַמִ י הַ זֶה מִקַחַ ת מִ יָדוֹ .him a short distance אֵּ תאֲשֶ רהֵּבִ יא יחַ יְקֹוָק כִי םאִ ירַצְתִ ַאחֲרָ יו וְלָקַחְתִ ימֵּאִ תוֹמְ אּומָ ה: ,Gechazi, the servant of Elisha the man of God .20 said, Behold, my master had spared Naaman this )כא( וַיִרְ דֹף גֵּיחֲזִיַאחֲרֵּ י נַעֲמָ ן וַיִרְ אֶ ה נַעֲמָ ן רָ ץ Aramean, in not receiving at his hands that which he ַאחֲרָ יו לוַיִפֹ מֵּעַ ל הַמֶרְ כָבָ ה לִקְרָ אתוֹ וַיֹאמֶ ר ,brought; but, as the Lord lives, I will run after him הֲשָ לוֹם: and take something from him. 21. And Gechazi followed after Naaman. And when Naaman saw him )כב( וַיֹאמֶ רשָ לוֹםאֲ דֹנִישְ לָחַ נִילֵּאמֹר הִ נֵּה עַתָ ה running after him, he alighted down from the chariot זֶהבָ אּו אֵּ לַי שְ נֵּינְעָרִ ים רמֵּהַ אֶפְרַ יִם מִבְ נֵּי ,to meet him, and said, Is all well? 22. And he said הַ נְבִ יאִיםתְ נָה נָאלָהֶ ם כִכַרכֶסֶ ףּושְ תֵּ י חֲלִפוֹת Shalom. My master sent me, saying, Behold, just בְ גָדִ ים: now came to me from Mount Ephraim two young )כג( רוַיֹאמֶ ןנַעֲמָ הוֹאֵּ ל קַ ח כִכָרָ יִם ... men of the sons of the prophets; please give them a talent of silver, and two changes of clothes. 23. And )כה( וְהּוא אבָ וַיַעֲמֹד לאֶ אֲ דֹנָיו רוַיֹאמֶ אֵּ לָיו … .Naaman said, Take two talents אֱלִ עישָ מאןמֵּ ַאיִן גֵּחֲזִי וַיֹאמֶ ר ֹלא הָ לְַך עַבְדְ ָך 25. But he went in, and stood before his master. And ָאנֶה וָָאנָה: ,Elisha said to him, Where do you come from )כו( וַיֹאמֶ ראֵּ לָיוֹלא לִבִ יהָ לְַך רכַאֲשֶ הָפַ ְך אִ יש .Gechazi? And he said, Your servant went nowhere למֵּעַ מֶרְ כַבְ תוֹ לִקְרָאתֶ ָך הַעֵּ ת לָקַחַ ת אֶ ת הַ כֶסֶ ף ,And he said to him, Went not my heart with you .26

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 115 וְלָקַחַת בְ גָדִ יםוְ זֵּיתִ ים ּוכְרָמִ ים וְצֹאן ּובָקָ ר when the man turned back from his chariot to meet וַעֲבָדִ ים ּושְ פָ חוֹת: you? Is it a time to get money and clothes and olive orchards, and vineyards, and sheep, and oxen, and )כז( וְצָרַ תעַ נַעֲמָן תִדְ בַק בְ ָך ּובְ זַ רְ עֲָך לְ עוֹלָם male and female slaves? 27. The leprosy of Naaman וַיֵּצֵּ א מִ לְפָ נָיו מְ צֹרָ ע כַשָ לֶג: ס shall cleave to you and to your seed forever. And he went out from his presence a leper as white as snow. The story of Naaman certainly looks like a conversion experience.132 A non-Jew experiences God's salvation in a personal way, acknowledges God, and proclaims not only that he believes in the God of Israel but that all other gods do not exist. 133 The story and, in a particularly graphic ,טבילה also includes full body immersion using the term way, Naaman is reborn with childlike flesh.134 The differences, however, are also instructive. Naaman does not undergo circumcision. He also creatively develops a way of remaining an adherent of the God of Israel. While Naaman proclaims exclusive faith and allegiance to God, for Naaman, God is not a universal God. The Lord is the God of Israel, and so therefore, in order to worship God, Naaman asks to bring some of the soil of Israel with him when he returns to Aram (v. 17). In this way, Naaman bypasses affiliation with the people of Israel which is the hallmark of later conversions. Immersion, impurity, repentance, and proselyte baptism Does immersion in the context of conversion emerge from immersion for purification? Elisha does describe what happens to Naaman as a purification, but of course, Naaman was a leper who was subject to purification. The first literary references to proselyte baptism appear in the Christian Bible. John the Baptist immersed people, like Naaman, in the Jordan with reference to both purification and the forgiveness of sins.135 Christian

132 A baraita preserved in Bavli Gittin 57a sees Naaman as part of a group of enemies of Israel who had different degrees of attachment to Israel. בבלי גיטין נז ע"ב: תנא: נעמן גר תושב היה; נבוזראדן גר צדק היה. מבני בניו של המן למדו תורה בבני ברק; מבני בניו של סיסרא למדו תינוקות בירושלים; מבני בניו של סנחריב למדו תורה ברבים. מאן אינון? שמעיה ואבטליון It was taught [in a baraita]: Naaman was a ger toshav [by denying idolatry], Nevuzaradan [Nebuchadnezzar's general who destroyed the First Temple] was a righteous convert, Haman's descendants studied Torah in B'nei Beraq, the descendants of Sisera taught children in Jerusalem, and the descendants of Sencheiriv taught Torah in public. And who were these? Shemaiah and Avtalion. 133Mekhilta dRabbi Shimon bar Yochai 18:11 and Devarim Rabbah 2:28 place Naaman along a spectrum of recognition that the Lord is God (Deuteronomy 4:39). Yitro acknowledged God but also the existence of other gods, Naaman partially acknowledged the existence of other gods on earth, Rachab denied the existence of other gods in heaven and earth. .a convert who converts is like a newborn child, unit 7 ,גר שנתגייר כקטן שנולד דמי ,Note the image 134 Conversion, Rebirth, and Kinship, p. 132. 135 Mark 1:4. In what seems to be a very rabbinic statement, Jesus asks (Matthew 21:25, Mark 11:30), "The baptism of John, where is it from? Is it from heaven or is it from people"; one could even translate the The challenge to Jesus demonstrates an awareness that .טבילת יוחנן מנין? מדאורייתא או מדרבנן? Greek as although John the Baptist's actions were broadly seen as authoritative and prophetic, Jewish leaders saw it as an innovation. Not all scholars consider this proselyte baptism. On John, see Josephus, AJ, 18:116-9. At Qumran, "men of wickedness" could not be purified and have access to the pure food of the community (1QS5:10-15); a person's moral state was directly connected to his eligibility for participation in the community as much as it was tied to his pure status. Talmudic sources don't describe conversion as return) to mean conversion. See) חזר repentance, although Maimonides uses the language of repentance חזר Maimonides, Laws of Forbidden Relations 13:14-16. Ironically, when Talmudic sources use the term with respect to converts, it usually means that the convert is returning to his former non-Jewish behaviors.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 116 Scriptures clearly see baptism as a way to convert non-Jews to Israel, but what the baptism meant to early Christians—non-Jews were shedding impurity, being healed or reborn (like Naaman), or some other meaning—is not clear, nor is it necessarily the same as what it meant to Jews who apparently adopted immersion as part of the conversion.136 Determining the origins of immersion for conversion in Rabbinic law is complicated by the fact that there is no reference to immersion for the sake of conversion in either the Mishnah or the Tosefta.137 According to the Mishnah, non-Jews are simply not subject to the rules of ritual impurity, so it is unlikely that immersion for conversion was seen as simply removing impurity.138 It is clear that the Mishnah recognizes that immersion is used for more that removal of impurity. For example, Mishnah Yoma 3:3 assumes that immersion is required for entering a state or place of particular holiness. אֵּ ין םָאדָ נִכְנָס הלָעֲזָרָ הלָעֲבוֹדָ אֲפִ לּו טָ הוֹר, עַ ד שֶ יִטְ בוֹל. שחָמֵּ טְבִ ילוֹת הוַעֲשָרָ קִ דּושִ ין לטוֹבֵּ כֹהֵּ ן גָדוֹל ּומְקַדֵּ ש בוֹ בַ יוֹם... No one could enter the temple court, even in a state of purity, until he immerses. Five immersions and ten sanctifications did the high priest undergo on that day. even if he is in a state of purity, and the repeated immersions ,אפילו טהור The language of of the high priest who had already been kept away from any sources of impurity, clearly indicate that immersion is not just for the removal of impurity. Perhaps proselyte baptism derives from this kind of transformation required to access a different level of holiness. Shaye Cohen has argued that the matrilineal principle emerged in the Tannaitic period.139 Without conversion of women, there could be no matrilineal principle, because how

136 On pre-Christian, Jewish baptism, see Kurt Rudolph, “The Baptist Sects” in in Cambridge History of Judaism: the early Roman Period, vol. 3, ed. William Horbury, et. al. (Cambridge UP, 1999), pp. 471-500 who surveys the early Christian sources. Rudolph notes that the difference between John’s baptism and that of other baptizing sects (including the Essenes) was that John’s baptism was only once. 137 Neither Philo nor Josephus nor the Hellenistic novella "Joseph and Asenath" know of proselyte baptism. 138 Mishnah Pesachim 8:8, which has frequently been argued as a source for proselyte baptism is not talking about the immersion for the sake of conversion but about immersion prior to offering the Pesach sacrifice. 139 Note Mishnah Qiddushin 3:12 כָלמָקוֹם שֶ יֵּש קִדּושִ יןוְאֵּ ין עֲבֵּרָ ה,הַ ּוָלָד הוֹלְֵּך רַאחַ הַ זָכָר. וְאֵּ יזֶה? זוֹ כֹהֶ נֶתלְוִיָה וְיִשְרְ אֵּלִית שֶ נִשֵּ את לְכֹהֵּן ּולְ לֵּוִיּולְיִשְרָ אֵּ ל. ... וְכָל מִי שֶאֵּ יןלָּה ... קִ דּושִ ין, הַ ּוָלָד כְ מוֹתָ ּה . וְאֵּ יזֶה? זֶה וְ לַד שִ פְחָ ה וְ נָכְרִ ית. In every case where there is betrothal without sin, the child follows the father. What is this? This is a daughter of a kohen, levi, or Israelite who married a kohen, levi, or Israelite. And every case where there isn't a legal betrothal, the child is like her [the mother]. What is this? This is the child of a [Jewish male with a] female slave or a non-Jewish woman. This mishnah establishes the first part of the matrilineal principle: a child of a non-Jewish woman is not Jewish. The following passage from the Bavli Qiddushin 68b states the other half of the principle: ולדה כמותה מנלן? א"ר יוחנן משום ר"ש בן יוחי, דאמר קרא: כִ י יָסִ יר אֶת בִ נְָךמֵַּאחֲרַ י )דברים ז ד( בנך הבא מישראלית קרוי בנך , ואין בנך הבא מן העובדת כוכבים קרוי בנך אלא בנה. How do we know the child is like her [the mother]? Said R. Yochanan in the name of R. Shimon b. Yochai: Scriptures says, "For he will turn your son away from Me" (Deuteronomy 7:4)—your son who comes from an Israelite girl is called your son, but your son who comes from an idolatrous girl is not called your son but rather her son Shaye Cohen adduces a variety of possible reasons for the shift from the patrilineal principle in use by the Bible. The most likely origin for the matrilineal principle is Roman law where a Roman citizen who marries a non-Roman citizen (or more precisely, a person without the right of connubium) cannot form a legal marriage, and in the absence of a legal marriage, children follow the status of the mother. Recognizing the source for the Jewish matrilineal principle, however, does not explain why rabbinic law

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 117 could one distinguish a "Jewish woman" from a female sympathizer with Judaism. Associating the ritual of immersion with the matrilineal principle is quite interesting in light of the fact that after the destruction of the Temple, the primary use of the miqveh was by women in the context of menstruation. Thus, the Tannaim supplemented the earlier ritual of circumcision with immersion (a woman's mitzvah) as the ritual for conversion of non-Jewish women (and men) which in turn was necessary so Jewish identity can be passed to the children of the converted female through the matrilineal principle.

Circumcision and immersion

The primary text describing the relative importance of circumcision and immersion is a baraita which appears in the Talmud Yerushalmi and then again, with significant differences, in the Talmud Bavli. The baraita is attributed to two early Tannaim, R. Eliezer and R. Yehoshua. תלמוד ירושלמי מסכת קידושין פרק ג דף סד טור ד /הי"ב

1 תני גר שמל ולא טבל

טבל ולא מל הכל הולך=everything depends

הכל הולך אחר המילה, דברי רבי אליעזר. אף=even מעכבת= prevents (i.e., is

רבי יהושע אומר אף הטבילה מעכבת. (essential for conversion 1 It is taught: a convert who was circumcised but not immersed, 2 immersed but not circumcised: 3 everything depends on the circumcision, the words of R. Eliezer. 4 R. Yehoshua says: immersion also prevents [i.e., its absence prevents a conversion from taking place]. The dispute described in the Yerushalmi seems clear. R. Eliezer believes that the crucial ritual for conversion is circumcision; R. Yehoshua believes that both circumcision and It seems quite 140.אף immersion are necessary; this is apparent from the use of the word unlikely that R. Yehoshua would believe, against all of our earlier sources, that a male non-Jew could convert without circumcision, so R. Yehoshua must be diagreeing with R. Eliezer about the necessity of immersion. The dispute is interesting in a variety of ways. As we have seen above, it is clear that our earlier sources about conversion all refer exclusively to circumcision; even the conversions of the wives and mother of Izates of Adiabene mention nothing about immersion. As Professor Yitzhak Gilat has shown,141 R. Eliezer, who lived through the destruction of the Second Temple, in general reflects the conservative traditions of the Second Temple period. So his position that circumcision is the crucial ritual may reflect Second Temple practice. One might wonder how R. Eliezer imagined the conversion of women.

adopted it. What is crucial for our purposes is that without a way to convert women, the matrilineal principle would not work. if no טבל ולא מל On the other hand, one might question why the baraita bothers to mention the case of 140 one actually follows that position. 141 R. Eliezer Ben Hyrkanus: Scholar Outcast (Bar Ilan, 1984), pp. 255ff. and his notes 64 and 67.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 118 that R. Yehoshua ,אף In this version of the baraita, it is clear from the use of the word believes that both conversion and immersion are necessary. Note that the language setting seems to presume that the two rituals are—גר שמל ולא טבל, טבל ולא מל—up the baraita somehow equivalent or equally necessary. This might indicate that whoever composed this baraita assumed that the law followed R.Yehoshua and not R. Eliezer. If the attribution is trustworthy, then our first attributed Rabbinic citation of immersion as a requirement for conversion is attributed to a Tanna who was active at the end of the first century CE. 142 A second version of the baraita appears in Bavli Yebamot. תלמוד בבלי מסכת יבמות דף מו עמוד א

1 ת"ר: גר שמל ולא טבל

ר' אליעזר אומר: הרי זה גר, שכן מצינו= for thus have we שכן מצינו באבותינו, שמלו ולא טבלו; found

טבל ולא מל 5 ר' יהושע אומר: הרי זה גר,

שכן מצינו באמהות, שטבלו ולא מלו; אמהות=the mothers וחכמים אומרים: טבל ולא מל, מל ולא טבל אין גר, עד שימול ויטבול. 1 Our rabbis taught: A convert who was circumcised but did not immerse, 2 R. Eliezer says: behold, he is a convert, 3 for thus we have seen with our patriarchs who circumcised but did not immerse. 4 Immersed but did not circumcise, 5 R. Yehoshua says: behold he is a convert, 6 for thus we have found with our matriarchs who immersed but did not circumcise.143 7 But the sages say: [whether] he immersed but did not get circumcised, circumcised but did not immerse, 8 he is not a convert until he circumcises and immerses. The baraita creates for the reader two basic questions. The first question is to what circumcision of the fathers and what immersion of the mothers is the baraita referring; the former has several possible answers and the latter has no obvious answers. Rashi restates what the gemara on the next page adduces). רש"י מסכת יבמות דף מו עמוד א

142 The baraita about the conversion ceremony as a whole (Bavli Yebamot 47ab, above, p. 79) is anonymous. Whether one should question the authenticity of baraitot is quite complex. As will be argued below, it seems possible that the version of the baraita in the Bavli may have been edited. We have already seen that Amoraim were not entirely averse to modifying Tannaitic traditions based on their own logic. For example, see how R. Yochanan instructed his tanna to adjust the number of witnesses at the immersion of a convert, above, p. 89. 143 The gemara explains, “And R. Yehoshua, from where in the Torah does he find that the matriarchs immersed? It is logical, for if so [i.e. if immersion were not required], through what would they enter under the wings of the Divine Presence? ורבי יהושע, טבילה באמהות מנלן? סברא הוא, דאם כן, במה נכנסו תחת כנפי השכינה?

בימי=in the days of 1 באבותינו שמלו - בימי משה כשיצאו ממצרים יצאו מכלל=left the category ויצאו מכלל בני נח לקבל התורה ולקבל פני השכינה. פני השכינה= the Divine Presence באמהות - נשותיהם שטבלו ... דאם לא טבלו נשותיהם=their wives במה נכנסו תחת כנפי שכינה. דאם לא=for if they had not

Rashi: 1 With our ancestors who circumcised—in the days of Moshe when they left Egypt and 2 they departed from the category of Noahides to accept the Torah and receive the Divine Presence. 3 With our mothers—their wives who immersed…for if they did not immerse, 4 how did they enter under the wings of the Divine Presence. The lack of a clear Biblical referent for immersion is worth noting,144 especially in light of the second, and more basic question about this baraita: what happened to the opinion of R. Yehoshua? The various opinions as described in the two baraitot are easily charted:

Circle the views R. Eliezer R. Yehoshua Sages Yerushalmi Milah is sufficient Milah and Tevilah are necessary Bavli Milah is sufficient Tevilah is sufficient Milah and Tevilah are necessary Cohen (Beginnings of Jewishness, p. 219-221) sees the Bavli as having modified the baraita in the Yerushalmi, creating a literary balance (one holds this, the other holds that, the sages say both). He also notes that only on this one page in the Bavli is it ever entertained that circumcision is not necessary for conversion which casts significant doubt on whether R. Yehoshua (or anyone ever) seriously argued that immersion was sufficient for a male convert. Of couse, since the Bavli's version includes an opinion

144 Similarly, Bavli Keritut 9a (below, p. 128, where the text is suggested as an unseen text assessment) refers to the threefold obligations of circumcision, immersion, and offering a sacrifice, but the editor of the Talmud considers the source for circumcision and sacrifice to be obvious, while a basis for immersion is not obvious. Note also the Meiri’s commentary on Yebamot 46a: ומה שאמרו כאן באימהות שטבלו ולא מלו יש מפרשים ביציאתן ממצרים בשעת מתן תורה. ויש מפרשים ארבע אימהות והוא כשנכנס אברהם לברית שהטביל את שרה וכן בארבע אימהות. ומכל מקום משנכנסו לברית האמונה והתורה ונתקבלה עלינו לדורות, לא הוצרכנו לטבילה כללית לכניסת דת ואמונה. ואינו דומה למילה שנצטוו בפרט כל ערל זכר אשר לא ימול כו' “That which is said here that the mothers immersed but were not circumcised, there are those who explain it as referring to the exodus from Egypt at the time of the giving of the Torah. And there are those who explain it with respect to the four matriarchs, and that is when Abraham entered into the covenant, he had Sarah immerse, and similarly all four matriarchs. In any case, after they entered into the covenant of faith and Torah, and it had been accepted upon us for the generations, we haven’t needed general immersion to enter into the religion and the faith. This is not the same as circumcision which was commanded on the individual concerning each uncircumcised man, etc.“ Note how the covenantal circumcision of Abraham is re-imagined as circumcision for conversion.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 120 attributed to the sages, it does not really matter what R. Yehoshua's position is since he is the minority. Cohen also notes that both the Yerushalmi and Bavli report cases concerning converts, and all of the cases deal with questions about immersion because there is simply no question with respect to circumcision. So, concludes Cohen, the opinion of R. Yehoshua in the Yerushalmi that both circumcision and immersion are necessary, is presented as the position of the sages in the Bavli. What do we learn from this sui generis opinion in the baraita in the Bavli? Clearly, it was reasonable at some stage to consider at least the possibility that there should be only one ritual for conversion for both men and women, and immersion was that ritual. Is it impossible to imagine a male as Jewish without circumcision? Not really; a baby boy is Again, this position attributed to R. Yehoshua's .ברית מילה Jewish even before his position appears only here in all of rabbinic literature, but that makes its appearance that much more noteworthy.

The symbolism of circumcision and immersion Interpreting the symbolism of rituals is part of the discipline of anthropology. We have noted before how rituals serve particular social functions (see enduring understanding, 6. "Society uses rituals to clarify unclear boundaries", above, p. 52). The symbolic meanings of the rituals function as part of the language of a religious culture.145 The case of Philo of Alexandria, the 1st century Jewish philosopher, and the "extreme allegorizers" whom he critiques shows the intersection of these two approaches. For Philo, circumcision represents the removal of pleasure which confuses the mind.146 Although Philo sees circumcision as symbolic, he criticizes people who say that all that is required is that people understand the meaning of the symbol and not engage in actual circumcision. Philo sees physical circumcision and the symbolic meaning as parallel to the body which must be maintained as the house of the soul, so the Jew must both observe the laws and learn from their symbolic meanings. From a social perspective, many Egyptians were themselves circumcised, so circumcision may not have served to distinguish Alexandrian Jews from their surrounding population. Philo sees it as a practice that all people should adopt.147 Rav J.B. Soloveitchik associated circumcision and immersion with two aspects of affiliation with the Jewish people (Fate and Destiny, 61-63).148 In the terms that have been used before, circumcision is joining with Israel, and immersion is identifying as part of Judaism (emphasis mine):

145 The different emphases on ritual's social function and ritual's symbolic and cultural meaning are associated with Victor Turner and Clifford Geertz, respectively. 146 Migration of the Soul, 88-93, http://www.earlychristianwritings.com/yonge/book16.html, which is an allegory on the story of Abraham. Maimonides shares the conception that circumcision is designed to diminish pleasure. A concern for decreasing sexual pleasure, however, does not seem to be a concern of the rabbinic Judaism that existed between Philo and Maimonides or followed Maimonides. 147 Philo also argues that circumcision is healthy, cf. Special Laws 1:4-7, http://www.earlychristianwritings.com/yonge/book27.html . See Daniel Boyarin, A Radical Jew: Paul and the politics of identity, (UC Press, 1994), pp. 25-38. 148 See Rabbi Maurice Lamm's summary of Soloveitchik's insight, from his book Becoming a Jew, p. 163, reproduced below, page 127.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 121 A Jew who participates in his people's suffering and fate but does not bind himself to its destiny, which expresses itself in a life of Torah and mitzvot, violates a fundamental principle of Judaism and impairs his own singularity. Conversely, a Jew who does not grieve over the afflictions of his people but seeks to separate himself from the Jewish fate, desecrates the holiness of Israel, even if he observes the commandments. Therefore, a Gentile who comes to attach himself to the Jewish community must accept upon himself the yoke of both covenants. He must enter into the magic circle of Jewish fate and, in a spirit of holiness, dedicate himself to Jewish destiny. Conversion consists in a person's joining himself to both the people formed by the covenant in Egypt and the holy nation formed by the covenant at Sinai. Take heed of a fundamental principle: There can be no partial conversion, and one cannot relinquish even the slightest iota of either of the two covenants. The devotion to Keneset Israel, both as a people whom God, with a strong hand, took unto Himself in Egypt, a people with its own history, suffering, sense of mutual responsibility, and commitment to deeds of mutual aid, and as a holy nation, committed, heart and soul, to the God of Israel and to His ethico- halakhic demands--this dual yet unified devotion is the most basic foundation of Judaism and the most fundamental feature of undergoing conversion. Therefore, the halakhah has ruled that a convert who is circumcised but does not immerse himself, or immerses himself but is not circumcised, is not a proper convert untill he is both circumcised and [p. 62] immerses himself. The act of circumcision (milah) was the charge given to Abraham the Hebrew, Avrahahm ha-'Ivri, the father of Jewish fate; it was performed by the Israelites in Egypt prior to their sacrificing and eating the paschal lamb, the symbol of the redemption from Egypt. For this reason it signifies the people's special fate, its isolation and its involuntary singularity. Circumcision is the ot, the sign incised in the very physical being of the Jew. It is a permanent sign between the God of the Hebrews and His people, a sign that cannot be effaced. If the flesh does not have the covenant of fate impressed upon it, then the singularity of the people is missing and the Gentile remains outside the bounds of the covenant in Egypt. The act of immersion (tevilah), in contrast to that of circumcision, denotes the integration of a person in a great destiny and his entry into the covenant at Sinai. The Jews were charged with the commandment of immersion prior to the revelation of the Law at Sinai. Immersion signifies purification and ascension from the profane to the sacred, from an ordinary, prosaic life to a life replete with an exalted vision. When the convert arises from his immersion, a spiritual reality suffused with destiny is newly formed within him, and he becomes sanctified with the holiness of Israel. It is not for naught that the act of acceptance of the yoke of the commandments is linked with the act of immersion. For immersion, at its core has it sole purpose the representation of the experience of the revelation of the Law and of the ascension of a people, through a freely assumed obligation to perform the divine command, to the rank of a holy nation. If a [p. 63] Gentile was circumcised but did not immerse himself, he lacks that personal bond to Jewish destiny. Such a Gentile has disassociated himself

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 122 from the covenant at Sinai and from an ethico-halakhic identification with the holy nation. In the conversion formula to be found in the Book of Ruth, both these aspects are set forth, and their gist is succinctly expressed in its last two phrases: "Thy people shall be my people, and thy God, my God" (Ruth 1:16). Soloveitchik (typically) does not lay out all that is embedded in his use of the metaphor. Circumcision is a permanent transformation; although he acknowledges that a person might "not bind himself to [Israel's] destiny", once one is part of the people, one cannot escape that sense of a common fate. Immersion, however, makes no mark on a person. It is far easier to escape one's covenantal obligations (at least in the modern world). That said, it is precisely immersion which, for Soloveitchik, is the focus of the covenant and the ascent to becoming a holy nation. Zohar and Sagi describe the symbols differently in the Jewish Political Tradition, vol. II: “This structure and logic bring to mind the rites of passage explicated by the anthropologists Arnold Van Gennep and Victor Turner, in which a person moves from one status to another, but not directly. First, he "peels off" his initial identity; as a result, he enters a second phase in which he is "neither here nor there." Then he moves out of the interim "liminal" phase and assumes his new identity. The procedure of giyyur fits well with such an analysis: in biblical and rabbinic discourse, the foreskin is a primordial symbol of alien peoples, and its removal appropriately signifies a divestment of gentile identity. Not yet a Jew, the ger can now assume his new identity through the ritual of immersion, a natural symbol of birth. Indeed, talmudic sources understand giyyur as birth in a very strong sense.” Philo and Maimonides think of circumcision as a way of diminishing sexual pleasure (Guide for the Perplexed 3.49), but it is clear that circumcision and immersion are both tied to fertility and sex.149 The command to Abraham to circumcise in Genesis 17 is directly connected to the promise of a multitude of descendants. The laws of family purity and the use of the miqveh in that context also serve to time the resumption of intercourse with the woman's most fertile time. In addition, the emergence from the water is a deep symbol of birth and the emergence from the amniotic sac. The convert is reborn as a new member of the Jewish people, and participates in the growth of that people. 150 The conversion experience, however, symbolizes both personal and national birth. Circumcision (Rashi, Yebamot 46a), is associated with the first Pesach and the Exodus. Although Rashi refers to "our fathers who circumcised but did not immerse," the crossing of the Red Sea can be seen as a national immersion. Conversion, then, is seen as a birth experience and also as an opportunity to participate in the national birth by evoking both the founder of the nation with the covenant of Abraham, and the founding experience of the nation with the emergence from the narrow confines of Egyptian slavery through the circumcision required before eating the Pesach lamb and the passage through the Red Sea.

149 See Howard Eilberg-Schwartz, “The Fruitful Cut: Circumcision and Israel’s Symbolic Language of Fertility, Descent, Gender” in The Savage in Judaism (1990) 141-75. 150 Recall Ophir Yarden, p. 13, note 8. See below, unit,7 page 132 on kinship language and conversion.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 123 Alternatively, perhaps both circumcision and immersion are associated with revelation and the experience of God. Soloveitchik chooses to associate immersion with the communal revelation at Sinai, but midrashic tradition also sees circumcision as an occasion for or at least a preparation for revelation (note Rashi, Yebamot 46a, who says the circumcision in Egypt was preparation for receiving the Torah and the divine presence). Genesis Rabbah 48:1 connects Abraham’s circumcision in Genesis 17:23, God’s appearance before him in Genesis 18:1, and the verse from Job 19:26, “After my skin has been cut away, from my flesh I will see God”. Numbers Rabbah 12:10 makes similar midrashic moves, which are complicated by a description of Israel in feminine terms as the “daughters of Zion” (Song of Songs 3:11).151 So conversion can be seen as an experience of revelation, even without the obvious connection to the re-enactment of the experience of Sinai. The events of the Exodus--the circumcision prior to the Exodus, the Passover sacrifice, the national immersion in the Red Sea,--are echoed at the end of the forty years and the entrance to the land. The book of Joshua describes the crossing of the Jordan (chapter 3), at Givat ha'Aralot (chapter 5:2), the renewed (שנית) the recircumcision of the people celebration of the Passover (5:12) and an experience of divine revelation to Yehoshua (5:13). Typologically, these events echo the core aspects of conversion--circumcision, immersion, a sacrifice (see Keritut 9a, below, p. 133) and qabbalat mitzvot. For Michael Wyschogrod, conversion would not be possible if not for the miracle that he believes occurs in the context of these rituals.152 For Wyschogrod, the election of Israel is bodily, and a gentile should not be able to become a Jew in the same way that a Jew who is not born a kohen cannot become a kohen. But there is conversion, and he sees that as a result of the miraculous, bodily rebirth of the convert.153 Since it is a miracle, it should also be rare. Wyschogrod concludes: It is therefore vital that conversions be accepted with the greatest caution, so as to prevent as much as humanly possible conversion lacking the desire to live a Torah- obedient life, or those that may involve a later change of mind. At the same time it is essential that sincere converts be accepted with the love they deserve. Righteous converts are living proof of God's power to transform human lives and to add individuals to the body of Israel not originally born into it. It is the ultimate refutation of the slander that Judaism is some sort of racism. Perhaps this conception (no pun intended) works for Wyschogrod, but for most converts that I have spoken with, the sense of rebirth is clearly a metaphor and not a miracle. Shai Held, who has published significantly on Wyschogrod's thought, takes a different approach. For Held, circumcision is a tiqqun, a fixing of the human body:

151 Boyarin, ibid. pp. 126-130 describes circumcision as preparation for mystical vision of God in GenR 48:1, NumR 12:10, and Zohar 2, 36a. Boyarin’s discussion is heavily dependent on Elliot R. Wolfson, “Circumcision, Vision of God, and Textual Interpretation: From Midrashic Trope to Mystical Symbol” in History of Religions, Vol. 27, No. 2 (Nov., 1987), pp. 189-215 at http://www.jstor.org/stable/1062668. 152 Body of Faith, 2nd ed. (Rowman & Littlefield Publishers, Inc., 1996), pp. xvi-xxi. 153 See below, page 136 note 173 and also Yebamot 62a on p. 158.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 124 Is not a biological covenant dangerous; does it not contain within it the very real possibilities of triumphalism and even outright racism? It is for this reason that the possibility of adoption is so crucial theologically. The covenant is biological, and yet anyone can become a full biological member (Maimonides famously insisted that a convert may pray without reservation or hesitation to "the God of our fathers," even though he is not their direct biological descendant). If the Jewish story compels you, and the Jewish dream grips you, you can join the covenant without having been born into it. It is not easy--one has to understand and take on the costs and burdens--but it is possible. And that possibility is critical.

Circumcision, I think, plays a similar role. It is not enough to have children and assume they are automatically covenanted. We must actively initiate and declare our children to be b'nei brit, sons (and daughters) of the covenant. Biology must be supported--and, on some level, mitigated--by will. In insisting that our children undergo a rite of initiation--and a painful one at that--we understand that the responsibilities and rights of the covenant are not automatic and are not rooted in some racial or racist understanding of redemption.154

This conflict between Wyschogrod and Held goes to the core of our discussion of the symbolism of circumcision and immersion for conversion. As we have stated among our enduring understandings, "Society uses rituals to clarify unclear boundaries". For Wyschogrod, the rituals of conversion mark God's miraculous transformation of the body of the convert. For Held, these rituals represent the active role which the Jewish people takes in extending the covenant to its new members, both babies and new converts. We engage in these rituals to clarify for ourselves that the convert is not just accepting Judaism. The Jewish people is accepting the convert. Held continues: In altering the very biology of a newborn child, we state powerfully that we are incomplete at birth. As Jews, we strive to become worthy covenantal partners of God; we must never grow complacent about who and what we are. Life begins with the circumcision of our bodies; it culminates, ideally, in the circumcision of our hearts. The former happens once, during the first days of our lives; the latter is the religious, covenantal task of a lifetime. His claim applies equally to both the Jew by choice and the community which accepts him. The circumcision of the convert reminds us that the body of Israel itself is incomplete without the integration of converts and without their particular contributions to our fulfillment of the covenant. The circumcision of the body of the male convert happens once, but the circumcision of the heart of the Jewish people, in removing our stubbornness and in welcoming the convert, is the "covenantal task of a lifetime."

154 Shai Held, "A Difficult Rite", republished from Beliefnet.com on MyJewishLearning.com, at http://tinyurl.com/y9y3qvv.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 125 Enduring Understandings This unit continues to expand and complicate the ways in which students construct their own understanding of previously introduced enduring understandings: 1. Judaism is both a religion and a people ...... p. 15

2. Culture is a filter for experience...... p. 15

4. Multivocality in a tradition expresses unresolved cultural tensions. .p. 33

6. Society uses rituals to clarify unclear boundaries ...... p. 52

10. Judaism is an interpretive tradition ...... p. 99

11. The Jew-by-choice provides a model for Jewish identity...... p. 99

The experience of Naaman, who develops a relationship with the God of Israel, but cannot conceive of a way to worship that God without access to the actual soil of Israel, shows how the TaNaKh (or at least Naaman) saw Israel as a people, but not yet a religion. On the other hand, the various interpretations of circumcision and immersion, and especially Soloveitchik's, emphasize how Judaism is both a people with a particular, inescapable history as well as a covenanted religion with an eternal relationship with God. Our understandings of the use of immersion in the context of purification can filter our understanding of conversion, and perhaps incorrectly because purity law does not seem to apply to non-Jews. The conflict preserved in the baraitot about circumcision and immersion between R. Yehoshua and R. Eliezer, and the two different versions of the baraita reflect multiple voices about how the rabbis imagined the demarcation of the boundaries between the non-Jew and the sincere convert. Reading the Bavli's version of the baraita as a recasting of the original version in the Yerushalmi places it inside an interpretive tradition, as does the Bavli's attempt to place the origin of these rituals in Israel's sacred history. The experience of the convert serves not only as a model for the formation of the individual's Jewish identity, but also as a model for the experience of the nation as a whole.

In addition to these, this unit also introduces the following enduring understandings:

12. A ritual's meanings are culturally determined.

13. Jewish history includes Jewish women's history.

The symbolic meanings of rituals Rituals are symbols that function as part of a religious language. Interpreting the symbols requires careful consideration of the metaphors associated with a ritual. Rabbinic texts associate circumcision and immersion with a wide range of ideas: removal of the foreskin and impurity, abandonment of idolatry and commitment to the covenant, fertility and (re)birth of the individual and the nation. Understanding the particular symbolic meanings of a ritual can facilitate a complex phenomenon like conversion which has two

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 126 primary rituals and a variety of intertexts. Which meanings a person chooses to focus on is a reflection of both culture and personal perspective.

Judaism has a long and uneasy history with attributing symbolic meanings to rituals. Methodologically, how can one be sure what a particular ritual means? From the perspective of halakhah, a symbolic interpretation can diminish the clarity of fulfilling a ritual because it is law. On the other hand, to treat ritual behaviors as absent of symbolic meaning removes the opportunity to use the ritual to embed and enrich the experience within the context of the larger Jewish narrative.

The history of women and conversion From the period of the Bible through the Talmudic period, women went from having no independent identity as part of Israel to becoming the model and archetype of the Jew by choice. Non-Jewish women in the Bible are sometimes absorbed into the people of Israel, and sometimes are seen as sources of danger. From the perspective of the Bible, intermarriage leads Israelite males astray. During the Persian period, both Ezra's focus on bilinear descent and Ruth's integration into Israel as a Moabite put a greater emphasis on the national and religious ties of women; they are no longer simply adjuncts to their Israelite husbands. In the Hellenistic period, Diaspora women seem to be converting to Judaism (in Rome, Adiabene, Syria), but we don't know what that means. By the time of the Mishnah, the rabbis have adopted a matrilineal principle of descent, and that clearly requires some kind of conversion process for women. Without conversion for women, what would distinguish a non-Jewish woman who was, perhaps, sympathetic to Judaism (or a particular Jew) and a woman who was a part of the Jewish people on her own? Why the rabbis adopted a matrilineal principle is not clear, but it either creates or reflects a significant change in the perception of Jewish womanhood. The requirement that all converts undergo immersion, which the baraita in the Bavli specifically connects to the model of the matriarchs, further normalizes the woman's experience as intrinsic to Jewish experience. The use of the story of Ruth and the midrashic expansion of that story as a model and archetype for converts, completes this trajectory of the normalization of woman's experience in the context of Jewish conception of conversion.

Essential Questions What is the point of having rituals? Why are symbols valuable? How and why do traditional cultures innovate?

Potential Learning Objectives Circumcision and Immersion Cognitive Process Dimension Knowledge Particular 2.0 Dimension content 1.0 Remembering Understanding 3.0 Applying 4.0 Analyzing 5.0 Evaluating 6.0 Creating 1.2 Recalling examples of 4.1 Differentiating 6.5 Formulating conversion that do between Naaman's a theory as to immersion, not mention immersion and proselyte why Jewish Factual:details Naaman immersion baptism society created 3.0 Applying 1.1 Recognizing knowledge of these different uses of terms to how they אזרח, גר, נכרי these terms relate to מילה, טבילה, ערל Factual:linguistic 2.4 5.6 Weighing 6.1 Generating Summarizing evidence that explanations for baraitot on differences the Bavli's why the baraita circumcision between the two baraita is may have been Procedural :skills and immersion baraitot anomalous modified 2.6 Comparing 6.3 Producing symbolism of different 5.2 Critiquing symbolic Conceptual: circumcision symbolic symbolic interpretations structures and immersion meanings readings of rituals 2.5 Inferring why conversion 3.4 Charting 5.5 Supporting 6.6 Integrating of women is a conceptions of the arguments about different bodies Jewish women's 1.3 Defining prerequisite for a identity of a Jewish 4.1 Analyzing texts with conceptions of of information Conceptual: history and matrilineal matrilineal woman through texts an awareness of how women with into a complex generalizations conversion principle principle chronologically they construct gender evidence thesis 5.2 Critiquing 1.5 Identifying argument that which symbols are symbols can Metacognitive:self symbols and personally replace ritual -knowledge behaviors evocative behavior

Teaching Ideas

Biblical origins of circumcision and immersion

Teaching the Biblical origins of circumcision and immersion should begin with some concordance work. What can the students find out on their own by looking up the words Clearly there is more for circumcision, and one should not shy away ?טבילה and מילה from allowing students to explore particularly interesting texts like the rape of Dinah and the "negotiation" with the people of Shechem about their circumcision) Genesis 34). Exodus 12 and the exclusion of the uncircumcised from the Passover sacrifice is also very useful (this was mentioned in the unit on the Biblical Ger). and ערלה Ultimately, students may need some direction to look for the Biblical texts on can allow one to spiral the curriculum ערל on washing for impurity. The use of the term and review some of the earlier materials. For example, in the unit on the Biblical Ger, an ,ערל How does the term .אזרח, גר, ונכרי students explored the categories of uncircumcised person, connect to those other terms? Particularly helpful is to point out refers to the גר are not absolute. While the primary use of ערל and גר how both the terms in the land of Israel, and the people of גר non-Jew in the midst of Israel, Abraham is a in the voice of ,נכרים refers to ערל in Egypt. Although the primary use of גרים Israel are .at least with respect to their hearts and their ears ,ערלים the prophets, Israel can also be Charting the overlap in the meanings can help students recognize that the use of the terms .with respect to Israel are part of a move to break down the borders of Israel ערל and גר Put a table with the labels describing the horizontal and vertical axes on the board, and ask the students to fill in the chart. נכרים-Israel foreigners strangers Abraham Gerim who accept aspects of Israel while in Egypt Israelite covenant uncircumcised Uncircumcised heart and ears Uncircumcised in the flesh when they ignore the covenant Israelite women circumcised Israelite men Ishmael The significance of the overlap is best clarified by a very simple pair of questions: ?גרים How do the people of Israel stop being • ?ערלים How do the people of Israel become • The answers to these questions come back to Israel being both a people living in its own land, and a religion of people bound by a covenant which they do not always follow. This kind of chart can also help clarify what Shaye Cohen called the Sarah paradox and the Ishmael paradox155.

155 See above, pages 107-108 for useful verses and note 131. See also Lamm, BAJ, pp. 138-176, on circumcision and immersion, which can be used aa a background reading assignment.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 129 Naaman The story of Naaman can serve as a jumping-off point for a variety of different topics, but the first task is to compare and contrast the story in its various elements to a case of conversion. Although Naaman doesn't see himself as a Judean as a result of his fidelity to the God of Israel, he does bring some of the land of Israel with him back to Aram. In some ways, this is similar to the extension of the territory of the Land of Israel in Hasmonean times. One way to draw out the similarities and differences is to divide the class into four groups and have two of the groups try to draw out the similarities and two to generate the differences. The groups each pair of groups can then generate a comparison/contrast chart. After generating what is similar and what is different, three topics deserve more direct discussion: • What does Naaman's immersion tell us about the possible meanings of immersion when it becomes a ritual of conversion? • How is the conception of the Land of Israel different in the Naaman story than it is after the Hasmonean period? • What is the point of the interaction with Gechazi? 156 Finally, the students should speculate on how this story might have been understood by Jews at the end of the Second Temple period in light of the emergence of conversion. Did the story of Naaman have anything to do with the introduction of immersion in the context of conversion? What evidence might one need to respond to this question one way or the other?

Immersion and religious innovation

It seems pretty clear that immersion for conversion develops out of a new conception that women have an independent existence as Jews. Perhaps this developed out of the interest which non-Jewish women showed in Judaism. Whether it happened in order to facilitate a move to matrilineal descent or not is beyond our scope, but clearly the matrilineal principle could not have worked without a way to distinguish between women converts, women Godfearers, and non-Jewish women married to Jews. This is not a simple concept; students should be given ample opportunity to express, in different ways, why immersion was necessary. Once students have understood the necessity for a ritual like immersion which could be used for female converts, students should think about why the rabbis adopted immersion. Was it adopted because it was a ritual that would be normal for Jewish women who would immerse after menstruation? Did it reflect a belief that being a gentile was impure?

156 Bemidbar Rabbah 7:5 contrasts Elisha, who sanctified God's name and Gechazi who profaned it. קידוש Elisha's healing of Naaman resulting in the recognition of God by a non-Jew is the archetype for and Gechazi is punished with ,חילול ה' whereas Gechazi's greedy extortion of money is seen as a ,השם leprosy.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 130 Did it function as a ritual that simply gave access to a higher level of sanctity, like the multiple immersions of the kohen gadol or the way Mishnah Yoma 3:3 assumes that even a person in a state of purity had to immerse before gaining access to the Temple precincts? Was it similar to the immersion of John the Baptist for the forgiveness of sin? This can lead to a larger discussion about ritual innovation. How do new rituals develop? How do old rituals take on new meanings? What might make these new rituals or new meanings feel authentic, and what might make them feel…new?157

The baraita on circumcision and immersion

The primary rabbinic text for this unit is the baraita on circumcision and immersion as it appears in both the Yerushalmi and the Bavli. It is possible to teach just the version in the Bavli without the Yerushalmi. Since the crucial point is the introduction of immersion, one could point out the uniqueness of R. Yehoshua's position, as well as the circularity of the argument about why we know that our foremothers immersed for conversion: "if they didn't, then how did they convert!?" These points alone could allow one to explore what it means to introduce the ritual of immersion. That said, I think the comparative exercise is particularly valuable. The various opinions as described in the two baraitot are easily charted by the students: Circle the views R. Eliezer R. Yehoshua Sages Yerushalmi Milah is sufficient Milah and Tevilah are necessary Bavli Milah is sufficient Tevilah is sufficient Milah and Tevilah are necessary When asked how they explain the difference between R. Yehoshua's two reported opinions, some students will assimilate the two opinions to each other, and ignore what seems to be the plain meaning of the Yerushalmi's version158. Others might suggest that R. Yehoshua actually maintained both positions at different times, and the different versions were formulated at different times. The following series of questions can help students reconstruct the history of the Bavli's version along the lines described above: • According to the baraita in the Bavli, which position would be the halakhah? • Does that opinion appear in the Yerushalmi? • Why might the opinion of an individual be restated as the opinion of the sages? • If the opinion of R. Yehoshua became the opinion of the sages, why did they not simply preserve the baraita as R. Eliezer vs. the sages? • How is the Bavli's version of the baraita "balanced"? • What does it mean to claim that immersion is sufficient?

157 Discussing immersion as a "new ritual" raises questions about the use of history. Will students use the creation of immersion as a precedent for the ritual innovation? Will they deny that immersion is a new ritual? See above on the uses of history, page 104, note 125. .is understood as immersion on its own is sufficient אף הטבילה מעכבת That is, the phrase 158

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 131 Additional questions to ask of the Bavli’s version of the baraita include: • Which fathers is R. Eliezer talking about? • Which mothers is R. Yehoshua talking about? (trick question) The ultimate effect of the Bavli's baraita is the elevation of immersion to a status at least equivalent to that of circumcision which had the weight of historical practice behind it. In some ways, immersion becomes even more prominent since it is the ritual common to both men and women.

The symbolism of the rituals of circumcision and immersion

On a symbolic interpretation of Jewish ritual Before engaging in a discussion of the symbolism of the rituals, students should address what it means to think about the symbolic meanings of a ritual. Can they think of rituals which have been given new meanings? One common example is the T"U b'Shevat Seder, which has maintained the classic form of the Kabbalistic ritual that was its origin while taking on the contemporary meaning of environmental concern. Similarly, people now use the Sukkah to heighten awareness of the plight of the homeless. Kashrut has been infused with a variety of other concerns about the environment and social justice.159 Although students may not have the historical perspective to identify these changes, their parents may, one may assign this discussion as part of a homework exercise in preparation for this class. The example of Philo's extreme allegorizers is both instructive and accessible. Students can look up the relevant passage from the Migration of Abraham online (cf. the discussion of Philo above and note 146, p. 120). Why bother with the ritual forms if what matters is the symbolic meaning? Alternatively, one can describe the problem that the "extreme allegorizers" presented for Philo, and have the students write letters or role-play how Philo might respond to their challenge. On the other end of the historical continuum, Mordecai Kaplan saw rituals like circumcision and immersion as the eternal sancta, the elements of the sacred narrative of Judaism which serve both to create common conceptions among the members of a civilization and which also distinguish them from members of other civilizations.160 As a student of religion, Kaplan's great insight was that while the sancta themselves were relatively stable, their meaning changed through time.161 A discussion on this theme could be introduced with any of the following questions, with the proviso that students are given enough time to think of examples to defend their arguments. : • What makes an interpretation of a symbol "valid"?

159 See the critique of seeing Kashrut as an ethical system by Daniel Alter in Sh'ma, "Kashrut Is a Law: It’s Not About Ethics", http://www.shma.com/2009/12/kashrut-is-a-law-it%E2%80%99s-not-about-ethics/ . 160 Judaism as a Civilization, pp. 194, 519-520. 161 This insight stands in opposition to that of the Reform movement who asserted that Judaism has certain essential ideas, but the forms of expressing those ideas change. For the Reform, that meant rejecting certain ritual practices. For Kaplan, that meant "revaluating" the sancta by attributing to them new meanings.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 132 • Do the meanings which Jews ascribe to rituals unify Jews? Do they distinguish Jews from non-Jews? • Do new meanings attributed to ritual behaviors supplement or replace older meanings? • Can changing meanings ascribed to a ritual change the performance of the ritual? Alternatively, any of these questions could be part of an assessment for this unit. The symbolic meanings of circumcision and immersion for conversion Before reading any of the symbolic interpretations of circumcision and immersion, students should try to generate their own symbolic interpretations, first of circumcision, and then of immersion; alternatively, students can be divided into four groups with two brainstorming ideas about immersion (A and B) and two about circumcision (C and D). Students can then "jigsaw" so that representatives from each of the four groups are in the new groups. In the reconstituted groups, students should share what ideas they had about each of the rituals. Then they should move on to thinking of the meanings of the rituals together. Do they see the two rituals as equally important? As complementary? After generating their own ideas, they can read the comments of others included in this guide. Primary among these is the passage from Fate and Destiny of Rav Soloveitchik which associated circumcision and immersion with two aspects of affiliation with the Jewish people. This text may be too long or a bit too difficult for some students. Rabbi Maurice Lamm's summary of Soloveitchik's insight, from his book Becoming a Jew, p. 163, may be used as a substitute:

"Circumcision represents the fate-sharing component of conversion…It embodies the convert's full-hearted consent to be part of a united global people—its history and its future—and to be willing to suffer when any part of that people suffers, as the mind must cringe when the hand is cut.

Immersion represents the desire to share in a collective relationship with God, to participate in the Jewish religious destiny as the chosen people of God. Its origin recalls the desert foothills of Mt. Sinai where the Jews were told by Moses to wash in preparation for receiving the Torah."

Students might look at this brief summary, or may read the excerpt included above. Students should be able to restate Soloveitchik's distinction between circumcision and immersion in their own language. Follow up questions might include: If one accepts his analogy, which comes first, conversion to Israel, or conversion to Judaism? How is Soloveitchik's interpretation, originally given in 1956 and published in his book Fate and destiny: from Holocaust to the State of Israel, a product of its time? How do circumcision and immersion both relate to the tribal/peoplehood image of the people of Israel? How can these two rituals be seen as connecting the convert to the people (and its history)?

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 133 After discussing Soloveitchik’s construction of the symbolism of circumcision and immersion, students should contrast the comments of Wyschogrod and Held. What are the differences between these two approaches? Consider these two approaches in light of enduring understanding #11 (above, p. 99), "The Jew-by-choice provides a model for Jewish identity." Students should be encouraged to draw comparisons and contrasts between circumcision and immersion. The permanence of circumcision as opposed to the impermanence of immersion has practical implications in terms of what a bet din might need testimony to establish. Beyond that how might the contrasting pair of permanent—impermanent relate to one's Jewish identity? Circumcision happens once, but immersion (in the context of midday) is repeated. How might that relate to Jewish identity? Do the male and female associations with circumcision and immersion respectively relate to Jewish identity?

Assessments

Symbolic interpretation

Students can write a symbolic interpretation of Jewish lifecycle rituals that they may have experienced, like bar/bat mitzvah or a marriage. What meanings are evoked? How are the meanings of these rituals similar or different than the symbolic interpretations of the rituals of conversion?

Unseen texts

Bavli Keritut 9a

This passage associates the experience of conversion with Israel's experience at Sinai. In the process, this passage includes a third explicit obligation upon the convert: in addition .the convert is also obligated to bring a sacrifice to the Temple ,טבילה and מילה to תלמוד בבלי מסכת כריתות דף ט עמוד א

1 רבי אומר: ]חֻקַ ת עֹולָ ם לְּ דֹרֹתֵ יכֶּם[ כָכֶּם ]כַגֵר יִהְּ יֶּה[

)במ' טו טו(

- כאבותיכם, מה...אף...=…just as…so too

מה אבותיכם לא נכנסו לברית אלא לא...אלא...=only

5 במילה וטבילה והרצאת דם, הרצאת דמים= the sprinkling of sacrificial blood on the altar אף הם לא יכנסו לברית אלא

במילה וטבילה והרצאת דמים... בשלמא X...אלא X makes =...Y sense… but Y is [problematic] בשלמא מילה דכתיב: כִי מֻלִ ים הָ יּו כָל הָעָ ם הַיֹצְּאִ ים אי נמי=or מהכא=from here )יה' ה ה(, 10 אי נמי מהכא: וָאֶּ עֱבֹר עָלַיְִך וָאֶּרְּ אֵ ְך מִתְּ בֹוסֶּסֶּ ת בְּדָמָ יְִך

מנלן= How do we know (based וָאֹמַ ר לָ ְך בְּדָמַ יְִך חֲיִי וָאֹמַ ר לָ ְך בְּדָמַ יְִך חֲיִי )יחזקאל טז ?(on the Torah

ו(,

הרצאת דמים, דכתיב: וַיִׁשְּ לַ ח אֶּ ת נַעֲרֵ י בְּ נֵי יִשְּרָ אֵ ל הזאה=sprinkling

15 ]וַיַעֲלּו עֹֹלת וַיִזְּבְּ חּו זְּבָחִ ים[ )שמות כד ה(, אלא טבילה מנלן? דכתיב: וַיִקַ ח מֹׁשֶּ ה אֶּ ת הַדָ ם וַיִזְּרֹק עַ ל הָעָ ם ]וַיֹאמֶּ ר הִ נֵה דַ ם הַבְּרִ ית אֲׁשֶּ ר כָרַ ת יְּדֹוָד עִמָ כֶּם[ )שמות כד ח(, ואין הזאה בלא טבילה.

1 Rabbi [Yehudah haNasi] says: "'[This shall be an eternal law through your generations] as for you, [as for the stranger it will be.]' (Numbers 15:15) 2 as your ancestors, 3 just as your ancestors entered the covenant only 4 through circumcision, immersion, and offering of a blood [sacrifice], 5 so they will enter the covenant only 6 through circumcision, immersion, and offering of a blood [sacrifice] "…. 7 Circumcision makes sense as it is written "For all of the people going out [of Egypt] were circumcised" (Joshua 5:5), 8 or even from here, "And I passed over you [in Egypt] and I saw you [the people of Israel] wallowing in your blood, 9 and I said to you 'live in your blood', and I said to you 'live in your blood'" (Ezekiel 16:6). 10 Offering blood [makes sense, too], as it is written, "And he sent forth the youths of Israel 11 [and they offered up burnt offerings and slaughtered animal offerings]" (Exodus 24:5), 12 but from where [in the Torah do we derive] immersion? 13 As it says, "And Moshe took the blood and threw it on the people 14 and he said, 'Behold the blood of the covenant which God established with you" (Exodus 24:8) 15 and there is no sprinkling without immersion.

Students should compare and contrast this text with others that they have seen and interpret the differences. The initial assumption that the convert's integration into the covenant is based on the same experience that Israel itself had historically. Students should certainly mention the requirement for a sacrifice which is not present in the other texts they have seen. They should reasonably speculate on why that might not be present in the other texts. In this case, the basis for circumcision and immersion is associated with the Exodus and with the giving of the Torah as opposed to Yebamot 46a's reference to the circumcision and immersion of the patriarchs and matriarchs respectively. They might also recognize that this association was the basis of Rav Soloveitchik's interpretation of circumcision and immersion. Genesis Rabbah 11:6

פילוסופוס= 1 פילוסופוס אחד שאל את ר' הושעיה

2 אמר לו אם חביבה המילה מפני מה לא ניתנה לאדם הראשון, חביבה=beloved

3 אמר לו ... כל מה שנברא בששת ימי בראשית צריכין עשייה עשייה=work, action 4 כגון החרדל צריך למתק, חרדל=mustard תורמוס=vetch 5 התורמוס צריך למתק

6 החטים צריכים להיטחן,

7 אפילו אדם צריך תיקון. תיקון= /fixing/completion improvement/perfection

1 A philosopher asked R. Hoshaya: 2 "If circumcision is so beloved, why was it not given to Adam [why was he, and by extension, all men, not born with a circumcised penis]? 3 [R. Hoshaya] said to him, … [the real reason is this:] whatever was created in the first six days requires work, 4 for example, mustard needs sweetening ,5 vetches [a legume] need sweetening, 6 wheat needs to be ground 7 and even man needs improvement/fixing/perfection.

A basic analysis of this midrash will use it as an opportunity to reflect on the symbolic meanings of circumcision, and in particular, the idea that circumcision is a way to repair humanity or that the conversion is the "work" that needs to be done on a non-Jew. To get the students to a more subtle analysis, include with the text the question: "How do R. Hoshayah and the philosopher understand universalism and particularism? The philosopher’s question is a challenge based on the (common Hellenistic) assumption that the human form is ideal and that circumcision is mutilation; why should Jews mark themselves in this way? R. Hoshaya responds with a similarly universal focus; God expects us to transform nature, including our own bodies. R. Hoshayah does not, make the more particularist answer that circumcision is designed specifically for the Jewish people. His claim, however, that circumcision is a necessary "fix" for a human (he uses could be read as a larger claim that ultimately, all people will need it. If ,(אדם the word the philosopher is making the universal claim that nature defines the universe and that Jews should not be different than non-Jews, Hoshayah might be agreeing, but with the assumption that non-Jews will have to become like Jews.

Synthesis

This exercise asks students to reflect on all three of the previous units: motivations for conversion, the conversion process, and circumcision and immersion. How does the dispute below relate to all three of these units? The Rishonim ask why the male convert cannot immerse first and then have circumcision and be considered Jewish immediately, instead of having to wait between circumcision and immersion. Have students adduce reasons for and against this suggestion based on their conceptions of the purpose and meaning of these two rituals.

Moshe Taragin summarizes this argument: 162

The Ramban in Yevamot offers an answer with a practical slant: We schedule mila first to ferret out counterfeit geirim. Were tevila to be the first step, many would start the process without being fully committed. In this respect mila acts as a deterrent. However, Ramban admits that since this is only a practical consideration, were a ger

162 "Talmudic Methodology: The Process of Geirut", Virtual Beit Midrash of Yeshivat Har Etzion, online at http://www.vbm-torah.org/archive/m4-geiru.htm.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Circumcision and Immersion: Overview Jews, by Choice page 136 to immerse first and perform mila afterward, his conversion would be perfectly valid. In his view, there is no mandatory sequence of mila and tevila.

In contrast to the Ramban, the Rashba suggests that the order is essential. According to the Rashba, the ESSENCE of geirut is actually the tevila. The mila is merely a preparatory stage for the tevila and is intended to remove "areilut" (the state of having a foreskin) - a state which impedes the tevila. The two are not independent factors; rather the mila readies the person physically so that the tevila can have the desired effect. As such, one who performs tevila prior to mila has performed a meaningless conversion. As an "arel," his tevila is invalid; after mila, however, he is primed to undergo tevila which will confer upon him the status of a Jew.

History Paper

Students could write a much more thoughtful paper on the topic of Jewish women's history and conversion after this unit. See above, page 108.

7. Conversion, Rebirth, and Kinship

Overview This unit addresses the ways in which Jewish conversion texts and practices describe conversion as rebirth into the Jewish people. The image of rebirth includes three main aspects: cutting off one's ties with one's previous life, seeing one’s own life as beginning anew (subjective identity), and having others see one as beginning anew (attributive identity). This unit begins with the complications of establishing an attributive identity that is detached from the convert’s previous life. This discussion introduces the image of the convert as a newborn and moves to the legal application of that metaphor. It concludes with the tremendously powerful text of Tosefta Demai 6:12-13 and acknowledgement that the convert may maintain some connections to his birth family.

A Commentary for Teachers: kinship This unit focuses on how the boundary marker of kinship and family is used to structure the experience of conversion, both for the Jew by choice and for the Jewish community. In the idiom that we have used throughout the course, the focus here is on Israel as opposed to Judaism,163 and the social conversion of the JBC.164 The texts concerning the image of rebirth describe the rabbinic image of the relationship of the convert to his past. There are four basic texts for this section. The first is the Mishnah and Gemara dealing prohibiting verbal wronging of the convert for his past. The second text is a Tannaitic source for R. Yose (b. Hananiah)’s comment that a convert is like a newborn child. The third text deals with the theoretical question of whether children before a conversion affect certain laws concerning childbearing (the inheritance of a firstborn, the obligation to redeem a firstborn son from a kohen, the obligation to have children). The final text deals with the relationship of the convert as an heir to his non-Jewish birth-father. The main challenge in this unit is developing a sense of how this separation may meet the psychological needs of the convert as well as the “border- control” needs of the Jewish community. Big questions for this unit include addressing why Israel imagines the convert as a newborn. Does the metaphor evoke an image of parental responsibility? Is it paternalism? Is it just a way to separate the Jewish people from the convert’s former world and prevent "contamination"? Does the community want this separation more, or does the convert?

Verbal wronging

,אונאת דברים Oppression of the convert for his previous behavior is a primary example of verbal wronging. The mishnah upon which this gemara is based (Mishnah Bava Metziah 4:10) states this explicitly. Here is the mishnah, followed by some of the gemara follows:

163 Note, however, that the origin of the image of the convert as a newborn derives from a concern over whether the convert is held responsible (and punished) for the sins committed while still a gentile. 164 This unit is paired with the next unit on conversion and acceptance of the Sinai covenant, which deals more explicitly with the ideas of qabbalat mitzvot.

משנה בבא מציעא ד:ח ותלמוד בבלי מסכת ב"מ דף נח עמוד ב תניא= 1 משנה: כְשֵּ םשֶ אוֹנָָאה חבְמִקָ ּומִמְ כָר, מעונין=oppressed כְָך אוֹנָָאה בִדְ בָרִ ים. ויסורין=afflictions קיימו= ֹלא יֹאמַ ר לוֹ בְ כַמָה חֵּפֶ ץזֶה, וְהּוא אֵּ ינוֹ רוֹצֶה לִקַ ח. שבע מצות בני נח= םאִ הָ יָה לבַעַ תְ שּובָ ה, דמי=similar 5 ֹלא ריֹאמַ לוֹזְכֹר מַ עֲשֶ יָך הָרִ אשוֹנִים. לפי ש= אִם הּואבֶ ן גֵּרִ ים,ֹלא יֹאמַ ר לוֹ זְכֹר מַ העֲשֵּ אֲבוֹתֶ יָך, בקיאין=expert דקדוקי מצות= שֶ נֶאֱמַ ר )שמות כב( וְּגֵר לֹא תֹונֶּה וְּלֹאתִ לְּחָ צֶּנּו: גמרא ...תנו רבנן... אם היה גר ובא ללמוד תורה אל יאמר לו פה שאכל נבילות וטריפות, שקצים ורמשים בא ללמוד תורה שנאמרה מפי הגבורה?!. 1 Mishnah: Just as there is wronging in business, 2 so there is wronging with words. 3 One should not say, "How much is this item?" if he doesn't want to buy. 4 If he is a repentant [Jew], 5 one should not to him "remember your earlier acts." 6 If he is the child of converts, 165 one should not say to him "remember the acts of your ancestors" 7 as it says "a ger you should not wrong or oppress him" (Exodus 22:20). 8 Gemara…It was taught [in a baraita]…If he is a [potential] convert who has come to study Torah, 9 don't say to him "A mouth which ate dead and unwrapped things, abominations 10 and creepy-crawly things is coming to study the Torah which was said by the mouth of the Almighty?!" The sequence of protected people is instructive. The text moves from an apparently Jewish vendor to a repentant Jew, to a Jewish descendant of converts, (and the baraita extends this) to a convert (or even a potential convert). That is, the form of the text demonstrates an expanding circle of obligation. On the other hand, the apparently innocent example of "window-shopping" is seen as a real example of verbal wronging. I do not assume that the dynamics of the marketplace are so radically different now that people in Tannaitic times did not engage in idle comparison shopping, even when they "wronging with words" אונאת דברים were not in the market. This sets the threshold for very low indeed, and one must reconsider all kinds of speech.166 As students work through this material, they will see that the sequence defines an expanding circle of obligation. At the same time, as the circle grows more broad, the objectionable comment that is prohibited becomes more closely associated with the person against whom the comment is addressed. It seems reasonable that the Talmudic reader would see a claim against one’s fitness to study Torah as a greater case of verbal

165 Interestingly, this Mishnah deals not with the convert himself, but with someone descended from converts (the reference to converts themselves comes in a baraita). Does this indicate that a stigma or an impaired status was still attributed to the children of converts? Does the term "child of converts" mean that both parents are converts, implying that unless there is some kind of biological connection, the child of converts is still considered a convert even though s/he was born a Jew? This is clearly the case in Mishnah Qiddushin 4:7 where R. Eliezer b. Yaakov permits the child of a convert and an Israelite (of either sex) to marry a kohen, but the child of two converts may not. 166 See Mekhilta Mishpatim 18, p. 182.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Conversion, Rebirth, and Kinship: Overview Jews, by Choice page 139 wronging than raising a store-owner’s hopes through window-shopping. Does this mean that the threshold for what is considered verbal wronging is directly proportional to the social distance? Or are these rules defined based on the observation of what kinds of verbal wronging different categories of people are actually subjected to? Students should be able to reflect on this question personally. What does it mean that rabbinic texts try to protect people from this kind of behavior? One clear response is that these people have been (and may be) treated poorly. On the other hand, it is important to stress that one who is truly part of Israel enjoys an extremely high degree of protection from discrimination. This is the basis for using kinship language for the Jew by choice. By asserting that the convert is part of Israel, that the convert is a child of Avraham, and that he is metaphorically (or as Michael Wyschogrod [above, p. 123] would have it, miraculously) reborn, Israel is doing more הרי הוא than simply adopting the convert. The kinship language of rebirth is stronger than behold he is an Israelite in all respects. The convert’s genealogy is ,כישראל לכל דבריו entirely reconstructed, albeit as a legal fiction.

Yebamot 48b the suffering of the convert תלמוד בבלי מסכת יבמות דף מח עמוד ב תניא= 1 תניא, רבי חנניא בנו של רבן גמליאל אומר: מעונין=oppressed מפני מה גרים בזמן הזה מעונין, ויסורין באין עליהן? ויסורין=afflictions קיימו= מפני שלא קיימו שבע מצות בני נח; שבע מצות בני נח= רבי יוסי אומר: גר שנתגייר כקטן שנולד דמי, דמי=similar 5 אלא מפני מה מעונין? לפי ש= לפי שאין בקיאין בדקדוקי מצות כישראל בקיאין=expert דקדוקי מצות= 1 It is taught [in a baraita], R. Hananiah the son of R. Gamaliel says: 2 why are converts nowadays oppressed and afflictions come upon them? 3 Since they did not fulfill the seven Noahide commandments. 4 R. Yossi says: a convert who converts is like a newborn child, 5 rather, why are they oppressed? 6 Since they are not experts on the details of the mitzvot like Israel.167 While the baraita in Bava Metzia implies that converts are subject to verbal wronging (and therefore the rabbis legislate against it), this baraita from Yebamot assumes as self- ענוי ,evident that converts are oppressed and afflictions come upon them. These two terms ,afflictions) can be seen to come from people and from God) ייסורין oppression) and) respectively.168 R. Hananiah’s claim that the convert is afflicted for violating the Noahide

167 The baraita continues אבא חנן אומר משום ר' אלעזר: לפי שאין Abba Chanan says in the name of R. Eleazar: because עושין מאהבה אלא מיראה; אחרים אומרים: :they don't act out of love but out of fear. Others say מפני ששהו עצמם להכנס תחת כנפי השכינה because they delayed entering under the wings of the Shekhinah.

is not common, but the active form of the מעונין This reading is speculative, but persuasive. The term 168 almost always יסורין ,verb is regularly used for the action of people (cf. Exod 22:22). In rabbinic texts means suffering that result from illness or aging or other uncontrollable events, i.e., from God.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Conversion, Rebirth, and Kinship: Overview Jews, by Choice page 140 laws seems to imply that he believes that one does not escape all of one’s punishment through conversion. R. Yossi rejects any possible consequences from the convert’s life pre-conversion. Theologically, this means that God does not punish the convert for sins committed while he was a non-Jew. 169 Socially, R. Yossi may be reminding the Jewish community that the convert is treated (or should be treated) as a newborn. Nevertheless, R. Yossi cannot deny that converts are oppressed. They are oppressed because “they are not as expert in the details of the mitzvot as born Jews are.” The logic here is not obvious. Is God punishing converts because they sin more as a result of their lack of expertise in fulfilling the mitzvot? Or are born Jews ridiculing them for their poor mitzvah refers to oppression by people is correct, the מעונין performance?170 If the suggestion that latter reading makes more sense. It also seems more realistic that while God might be concerned with the big things (like the seven Noahide mitzvot), people are much more likely to be concerned about the “details of the mitzvot” and use the gaps in the convert’s knowledge as an excuse for prejudice. גר שנתגייר כקטן שנולד ,Although R. Yossi’s claim that the convert is like a newborn is initially used only to dismiss one of the proposed to answers to the question of דמי why converts suffer, this catchphrase is the linchpin for a more thoughtful (and revealing) discussion about the relationship of the convert to his/her past. The rabbinic response to the maltreatment of converts is strong (although perfectly in line with the Torah’s repeated concern for the Biblical ger). By comparing the convert to the newborn, maltreatment of the convert for having not followed the Torah is like making fun of a baby because he is short. One must also be sympathetic to the convert’s gaps in Jewish knowledge. After all, in the Tannaitic period, the curriculum for converts was Yeb 47a, p. 85); how could a convert know all of) מקצת מצוות קלות ומקצת מצוות חמורות the details like a born Jew? Ethically, this may require the Jewish community to treat the convert like a child who needs ongoing education.

Mishnah Bekhorot 5:1

The image of convert as newborn did not remain just a metaphor to explain theologically why the convert would not suffer punishment for his former life. The idea also seems to underlie laws designed to separate the convert from his biological family. Mishnah Bekhorot deals with laws pertaining to the firstborn. The Torah describes several laws concerning firstborns including the law that the firstborn is to be redeemed from a kohen,171 and the law that a firstborn inherits a double-portion of the father's estate.172

169 As we saw above (page 88), Noahides suffer capital punishment as a result of violating the Noahide laws (cf. Sanhedrin 57ab; Maimonides, Hilkhot Melakhim 9:14). So a Noahide who converts avoids execution but still experiences divine punishment. The Noahide Laws include (1) the duty to establish courts; (2) prohibition of blasphemy; (3) rejecting idolatry; (4) the prohibition of incest; (5) the prohibition of murder; (6) the prohibition of theft; (7) the law against eating flesh cut from a living animal. 170 Note that this line seems to fit with Rashi’s second explanation of R. Chelbo (page 91). 171 Numbers 18:15 כָל פֶטֶר רֶחֶם לְכָלבָשָ ראֲשֶ ריַקְרִ יבּו לַידֹוָדבָ ָאדָ ם הּובַבְהֵּמָ יִהְ יֶה לְָךאְַך פָ דֹה תִ פְדֶה אֵּת בְ כוֹר הָ ָאדָ ם תוְאֵּ בְ כוֹר הַבְהֵּמָ ה הַטְ מֵּ ָאה תִ פְדֶ ה: 172 Deuteronomy 21:17 כִיאֶת הַבְ כֹר ןבֶ הַשְ נּוָאה יַכִ יר לָתֶ ת לוֹ פִישְ נַיִם בְ כֹל אֲשֶ ר איִמָצֵּ לוֹ כִ יהּוא רֵּאשִ ית אֹנוֹ לוֹ מִ שְ פַ ט הַבְ כֹרָ ה: The estate is divided into x+1 portions where x=number of sons, and the firstborn son gets two portions.

This mishnah deals with a Jewish man who marries a convert who had already given birth. משנה מסכת בכורות פרק ח: א

בכור= 1 יֵּש בְ כוֹר לַנַחֲלָהוְאֵּ ינוֹבְ כוֹר לַכֹהֵּ ן, ... נחלה= מִ י שֶ ֹּלא הָ יּו לוֹ בָנִים נשא=married וְ נָשָא אִשָ ה שֶ כְבָ ר יָלְדָ ה, עוֹדָ ּה שִ פְחָה וְנִשְתַחְרְרָ ה, עודה=while she was שפחה ונשתחררה= a slave who 5 עוֹדָ ּה נָכְרִ ית וְנִתְ גַיְרָ ה, was freed מִשֶבָאת לְיִשְרָ אֵּ ל יָלְדָ ה, משבאת=after she came ילדה=gave birth בְ כוֹר לַנַחֲלָהוְאֵּ ינוֹבְ כוֹר לַכֹהֵּ ן.

ירַבִ יוֹסֵּ יהַ גְלִילִיאוֹמֵּ ר, בְ כוֹר לַנַחֲלָה וְ לַכֹהֵּ ן,

שֶ נֶאֱמַ ר )שמות יג ב(, פֶּטֶּ ר כָל רֶּ חֶּםבִבְּ נֵי יִשְּרָ אֵ ל, עד שיפטרו=until they open רחם=womb 10 עַ ד שֶ יִ פְטְרּו רֶחֶם מִ יִשְרָ אֵּ ל. 1 There is a firstborn for inheritance and a firstborn for a kohen…2 One who has not had sons 3 and married a woman who already gave birth 4 while she was a maidservant but then was freed 5 or while she was a non-Jew and then she converted, 6 after she came to[be part of] Israel and she had a child, 7 [the child has the status of] a firstborn for inheritance, but not a firstborn for a kohen. 8 R. Yossi haGalili says, a firstborn for both inheritance and for a kohen, 9 as it says, “who opens each Israelite womb” (Exodus 13:2), [she is not considered to have given birth] until [the child] opens the womb from a member of Israel. Mishnah Bekhorot 8:1 does not use the same language of rebirth, but legally, this metaphor seems to be the basis of the claim of R. Yossi haGalili. The child is considered a first born for inheritance because inheritance goes by the father and it is his first child. Being a firstborn for redemption by a kohen is determined by the woman, and according to R. Yossi haGalili imagines that a woman who has given birth before her conversion is legally considered a woman who has not given birth. A similar case is discussed by 173.גר שנתגייר כקטן שנולד דמי Amoraim and it explicitly refers to the principle of This principle has broad application in rabbinic thought. Note Mishnah Yebamot 11:2 הַ תגִיוֹרֶ שֶ נִתְ גַיְרּובָ נֶיהָ עִמָ ּה, ֹלא חוֹלְצִ יןוְ ֹלא מְ יַבְמִ ין, אֲפִ לּו הוֹרָ תוֹ שֶ לרִ אשוֹןשֶֹּלא בִקְ הדֻשָ וְ לֵּדָ תוֹ בִקְ דֻשָ הוְהַשֵּ נִי הוֹרָ תוֹוְ לֵּדָ תוֹ בִקְ דֻשָ ה The sons of a female convert who convert together with her neither participate in chalitzah nor engage in levirate marriage [for each other], even if the one was not conceived in holiness but was born in holiness [the mother converted while pregnant], and the other was both conceived and born in holiness [conversion preceded conception].

173 See below, p.158 where Yebamot 62a is given as an unseen for assessment purposes. Tosefta Yebamot 12:2 discusses the degree of kinship of brothers who convert and whether they are considered brothers for purposes of levirate marriage.

The Tosefta (Yebamot 12:1) also says that the brothers aren't punished for marrying each other's spouses which brothers are generally prohibited from doing. The Bavli extends the examples to twins who are born to a mother who converted while pregnant, and Amoraim disagree about the degree of imagined consanguinity, concluding that prohibitions between the siblings who convert are rabbinic enactments. 174

Tosefta Demai 6:12-13 Converts inheriting from birth parents

One obvious implication of the concept of rebirth is that the convert has no relationship with his biological parents at all. The Tosefta asks what happens if the convert is a co- heir of the non-Jewish parent's estate. תוספתא מסכת דמאי )ליברמן( פרק ו

1 )יב( גר וגוי שירשו את אביהן גוי שירשו=who inherited רשאי=permitted 2 רשאי לומר לו "טול אתה צלמים ואני כלים, טול=take 3 אתה יין ואני פירות."

4 )יג( אונקלוס הגר חלק מאחיו חלק= took a portion (of his 5 החמיר על עצמו והוליך חלקו לים המלח. (father's estate הוליך=(?took (and cast in 6 ירשו מרחץ 7 רשאי שיאמר לו מרחץ=a bathhouse

8 "טול אתה שבת בחלקך ואני בחול בחלקי." בחלקי=as my portion

(12) A convert and a gentile who inherited from their gentile father 2 [the convert] is allowed to say to him, “You take the idols and I [will take] the vessels, 3 you [take] the wine, and I [will take] the fruit. (13) 4 Onqelos the convert took a portion [of his father’s estate] from his brother. 5 He was strict on himself and took his portion [and threw it in] to the Dead Sea. 6 They inherited a bathhouse, 7 [the convert] is allowed to say to [his gentile brother] 8 “You take [the profits from] Shabbat as your portion, and I [will take my share of the profits] from the weekday as my portion.

174 On a converted brother and sister, note the language of the Meiri בית הבחירה למאירי מסכת קידושין דף יז עמוד ב ...הגר שנתגייר הרי הוא כקטן שנולד ומותר מן התורה לישא אף אחותו בין של שאר אם בין של שאר אב אלא שחכמים אסרוהו בשאר אם הואיל וכשהיה גוי היה אסור בה כדי שלא יאמרו באנו מקדשה חמורה לקלה A convert who has converted is like a newborn and is permitted from the Torah to marry even his sister whether on his mother’s side or his fathers, but the sages forbade his sister on his mother’s side since it was forbidden to him when he was a goy so they should not say we have come from a more strict level of holiness to a less strict level of holiness שולחן ערוך אבן העזר סימן קנז סעיף ג גרים שנתגיירו ועבדים שנשתחררו, אין להם אחוה כלל, אפילו אחד מהם הורתו שלא בקדושה ולידתו בקדושה, והשני הורתו ולידתו בקדושה. ואפי' הם תאומים ונולדו בקדושה, אין להם אחוה עד שיהיו שניהם הורתם ולידתם בקדושה. Shulchan Arukh E.E. 140:3 Converts who converted and slaves who were freed maintain no familial relationship at all, even if one of them was conceived not in a state of holiness [i.e. before conversion] and born in holiness [after the conversion of the mother], and the other was conceived and born after the conversion, and even if they were twins who were born in holiness [but conceived before the conversion] unless both of them were both conceived and born in holiness.

Tosefta Demai 6:12-13 mentions three cases of a convert inheriting from his birth family. The question of inheritance is a powerful metaphor for what the convert brings into his new life; this text imagines different possible relationships for the convert with his non- Jewish birth family. The first part of the baraita (lines 1-3) acknowledges that a convert may inherit from his non-Jewish father, and indeed, it refers to him as father.175 The limitation on his inheritance is that he may not inherit anything which is considered you take the idols".176 The third" טול אתה הצלמים :related to his former family’s idolatry case (lines 6-8) posits an even more intimate relationship. The Jewish sibling is allowed to maintain a business relationship with his non-Jewish brother (partners in a bathhouse), again with the limitation that the inheritance cannot cause him to violate Jewish law. The case of Onqelos, however, apparently contradicts the legal statements that precede and follow it. Onqelos took all of what he inherited and destroyed it by throwing it into the Dead Sea. Why does he do that, and are we supposed to see his approach as normative or not? It seems that in the context of the other two passages which affirm the right of the convert to inherit from his biological parents (with some religious restrictions) would indicate that Onqelos was acting unnecessarily. As long as the property was not connected to idolatry, it was permitted. So why does Onqelos act in a strict manner (and even violate Apparently his goal is to demonstrate to ?(בל תשחית the law against wanton destruction the Jewish community that he really has absolutely no connection to his former family. Onqelos’ desire is understandable, if somewhat zealous in the implementation. The convert is forced to adopt a new identity (new name, etc.) and struggles to prove that he may meet the גר שנתגייר כקטן שנולד דמי really is part of Israel. In this way, we can see that need of the convert to identify himself as having entirely separated from his past.177 The primary educational value of this text, however, emerges not from empathizing with Onqelos and his desire to integrate. The crucial tension comes from interpreting what the editor of the Tosefta tried to achieve in placing the story of Onqelos in the middle of these two halakhic statements?178 Are we meant to judge Onqelos sympathetically, aware of his efforts to separate himself from his past and with respect for his integrity and strict behavior, or with scorn for foolishly destroying property to which he was entitled?

175 Note the language of Mishnah Demai 6:10 גֵּר וְ נָכְרִ י שֶ יָ רְ שּואֶ תאֲבִ יהֶ םנָכְרִ י, יָכוֹלהּוא לוֹמַ ר, טֹל האַתָ עֲ הבוֹדָ הזָרָ וַאֲנִי מָ עוֹת, האַתָ יַיִן וַאֲנִי פֵּ רוֹת. וְאִ ם מִשֶ בָאּו לִרְ שּות הַ גֵּר, ָאסּור: A convert and a non-Jew who inherit from their non-Jewish father: he can say "You take the idolatry, and I'll take the cash, you take the wine and I'll take the fruit. But if the [idolatrous items] have already come into the possession of the convert, it is forbidden. The mishnah makes explicit that the concern is doing business with idolatrous goods. Before he has inherited, he can make a stipulation about the division of property, but if he already was given the idolatrous goods, he cannot trade them because then he would be profiting from idolatry. Cf. T. AZ 3:16. 176 This part of the baraita appears in Bavli Qiddushin 17b where the permission to inherit is described as lest he return to his former ways. Note both the insight and the irony of שמא יחזור לסורו rabbinic legislation this legislation. A strict ruling of separation from the birth parents (even in death) is seen as threatening the Jewish identity of the convert, while a more lenient position is seen to keep him inside the Jewish people. 177 Note Michael Wyschogrod's use of this idea to express the miraculous nature of conversion and his belief that the election of Israel is bodily, above page Error! Bookmark not defined., note 152. 178 See Yair Lorberbaum, The Image of God: Halacha and Aggada (Hebrew, Schocken, 2004) on the purpose of aggadah in rabbinic texts.

Enduring Understandings This unit advances the construction of previously introduced enduring understandings: 1. Judaism is both a religion and a people ...... p. 15

8. Jewish texts mediate between rabbinic ideals and Jewish realities...... p. 72

11. The Jew-by-choice provides a model for Jewish identity...... p. 99

In this unit, we focus in particular on the way Jewish texts use the language of kinship to create connection. We saw this earlier when the Bible uses the name Israel to define the nation (instead of an ethnic term like Hebrew). By ignoring the convert’s previous life, the Jewish community can create a new mythology with respect to the convert, imagining the convert as a child for whom the Jewish community has collective responsibility. In reality, the convert is not a child. He may or may not want to maintain relationships with his past; both attitudes are in tension in the text from Tosefta Demai. But telling the convert that he is a newborn will not erase his past. What will eventually erase that past is having the Jewish community embrace the convert as a member of the family. The language of kinship is a powerful metaphor for Jews by birth as well, especially in the face of an increasingly varied, multicultural Judaism. Just as the use of the metaphor of the newborn for the convert requires a certain leap of faith and commitment by the larger Jewish community towards the convert, in order for kinship to be a live metaphor for the modern Jew, the community needs to engage individual members as one would engage family. All of the aspects of family—nurturing, affection, unconditional acceptance, mutual responsibility, shared experience, honesty, intimacy, shared pride and shared shame—are crucial to the development of Jews who see Israel as family. In addition to these, this unit also introduces the following enduring understanding: 14. Metaphors both reflect and shape reality.

The metaphor of the convert as newborn emerged from a theological concern about the suffering of converts. The metaphor fits with other aspects of conversion— the use of circumcision, the relatively brief curriculum, the sense of responsibility of the court and the community. Once in place, the metaphor was applied in the legal sphere and created expectations about how the convert should relate to his (newly erased) past.

Essential Questions How deep is the identity transformation effected by conversion?179 How far does the responsibility of the Jewish community extend in trying to integrate the convert into Israel? When does responsibility become paternalism?

179 See above, Excursus: On Jewish Identity Formation, p. 48.

Potential Learning Objectives Conversion, Kinship and Rebirth Cognitive Process Dimension Knowledge Particular Dimension content 1.0 Remembering 2.0 Understanding 3.0 Applying 4.0 Analyzing 5.0 Evaluating 6.0 Creating Verbal 2.2 Exemplifying different kinds of אונאת wronging verbal wronging דברים Factual: details 3.4 Charting different degrees of 5.2 Critiquing and protection granted justifying the idea of Conceptual: Circles of to different having different degrees classification obligation categories of people of obligation 5.0 Evaluating how the 6.6 Integrating principle serves or psychological and 1.0 Remembering 2.5 Inferring different 3.0 Applying the doesn't serve the needs of political explanations for this phrase by heart possible cases where it principle to converts and of the restrained application of גר שנתגייר כקטן :Conceptual and using it correctly might be applied different cases Jewish community the principle שנולד דמי principles separation of 3.4 Charting 6.3 Producing a policy convert from different parties' 4.1 Differentiating 5.6 Weighing the policy guide for a convert with Conceptual: biological interests in the between legal ideals implications of enforcing respect to his/her birth generalizations family separation and legal reality separation or not family 4.0 Analyzing unseen texts in light Procedural: skills unseen texts of familiar concepts 2.7 Explaining one's 5.0 Evaluating one's own 1.2 Recalling one's motivations in behavior with respect to Metacognitive: the experience own identity adopting/ abandoning people of various social self-knowledge of "outsiders" transformations aspects of one's identity distance

Teaching ideas: kinship

Verbal Wronging

Although the enduring understandings for this unit focus on the image of rebirth, it is important to set the stage for that material by a clear acknowledgement that the earliest use of the metaphor is to protect the convert from the bias and prejudice of the Jewish people. Crucial to introducing this topic is to complicate the main idea that while rabbinic texts express a very high standard of protection for the ger, the very existence of the prohibitions indicates an awareness that people are less sensitive to people who are more distant in social terms. The goal here is not to justify this behavior but to help students understand that stereotyping and profiling do exist. Acknowledging that Jews have had an “insider bias” is the first step to understanding this legislation. It is, of course, very easy to generate empathy for the person who can't escape his past reputation, but it is also important to generate some basic understanding of why people seek the safety of the familiar and are wary of the stranger.180 Beginning with Mishnah Bava Metzia 4:8 and the brief part of the baraita that extends it, verbal wronging," to identify" אונאת דברים have students chart out the different cases of how the text is structured. A table like the following (provided without the answers filled in) can help students identify the literary features of this text and from there begin to think about the ethical demands being made: Subject of Social distance What language is What exactly is How painful is verbal fom native Jew: forbidden? being commented this speech? 1= very close; 1=not painful wronging? 5= very distant. on? 5=very painful The item 1 2 3 4 5 5 4 3 2 1 מוכר Past actions 1 2 3 4 5 5 4 3 2 1 בעל תשובה Ancestors 1 2 3 4 5 5 4 3 2 1 בן גרים J.I.T.?) 1 2 3 4 5 The person 1 2 3 4 5) גר himself The comparison with the vendor is complex, and students should think about why this is inappropriate behavior. Ultimately, this includes theft of his time as well as manipulating

,.גיורא, עד עשרה דרי לא תבזה ארמאי קמיה Note Sanhedrin 94a which states that it is a common saying that 180 "Do not insult a non-Jew in front of a convert for ten generations." Note that while the text assumes that there is nothing particularly wrong about insulting a non-Jew, there is an assumption that a convert still has some kind of self-perception as being a non-Jew, even after ten generations. Whether people assumed that the convert actually had this self-perception or whether Jews are just supposed to be sensitive enough to converts that they maintain that level of care for ten generations is not clear.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Conversion, Rebirth, and Kinship: Teaching Ideas Jews, by Choice page 147 the vendor's emotions. Even if students do not ultimately buy into this claim, they should recognize it as an extremely refined sense of what is inappropriate.181 The question to ask once students have completed the chart is "What are the different possible ways one might explain the connection between perceived social distance and the kinds of verbal wronging described in this text?" Posing an open-ended question like this will indicate that the text is ambiguous—are the rabbis legislating against the kinds of verbal wronging of which they are aware, and they are aware that verbal wronging gets worse with increased social distance? Follow up by having students generate hypotheses about social relationships in the time of the Mishnah. Ultimately, this text should be seen as another negotiation between rabbinic ideals in the face of unpleasant social realities. Comparisons to the student's relationships with students in different grades or different schools can be a useful representation for understanding the text. Crucially, students should be able to recognize that people do make distinctions about a different levels of towards others. At the same time, the text should not be turned )עֲרֵּ בּות) responsibility around as justifying different kinds of insults or insensitivity towards people who are seen as less connected or who are different. Rather, it should seen as an injunction to protect people who suffer from the fact that they have fewer "natural protectors." Using kinship language for the convert tries to ameliorate that perceived distance. With appropriate framing, a discussion of how students (and teachers) have interacted with "new people" (new students, new colleagues, new members of a synagogue or a youth group, even new siblings or parents in blended families) can allow students to enter into the experience of the Jew by choice. A conversation like this should not be entered without preparation and prior reflection. One way to organize this is to have students submit a reflection about one's experience interacting with someone "new" or "distant"; the teacher can then approach a couple of students before class and ask them to share their personal experiences. It may be helpful to frame this discussion clearly around one's interaction with a new person, and not one's own experience as a new person; that discussion is better treated below. Recent discussions about bullying and interventions around bullying may enrich this discussion.182

Conversion as rebirth

The baraita from Yebamot 48b (“Why are converts oppressed…?”) provides an easy transition to the image of conversion as rebirth. Following the discussion above, students can try to distinguish between afflictions from God and inappropriate oppression from the Jewish community. R. Yossi's statement claims that from God's perspective, the convert

181 I've included this not because it has any deep tie to our theme but because this issue is a real one for contemporary consumers. A parallel case is going to a "bricks-and-mortar" store, relying on the expertise of the storeowner, and then going home and shopping online. The teacher should be very careful and allow the ethical evaluation of this issue to last only as long as s/he wants. One way to avoid having this "hijack" the class, is to have students prepare this text as homework, and to have an online discussion where students should try to work out the ways in which just the first law about the vendor applies or doesn't apply to their lives. That will allow classtime to focus on the cases which are more germaine to the specific theme. 182 See below, Conversion as Language Acquisition, p. 147 on the impacts of innocent language use and how it can serve both to include and exclude people within the Jewish community.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Conversion, Rebirth, and Kinship: Teaching Ideas Jews, by Choice page 148 is not punished for his past. Inevitably, students will want to test the halakhic concept of as indeed, the sages did themselves. This can be shocking and ,גר שנתגייר כקטן שנולד דמי surprising, and it needs to be done with care (and a little humor) since many of the “theoretical” cases may actually be found in the contemporary classroom.183 For example, if a mother and her son both convert, they are theoretically not related to each other.184 Is the son obligated to honor this mother who is no longer “his mother”? Are they prohibited from having sexual relations under the law of incest? The answer to both questions is yes, but only based on rabbinic authority.185 Once the students have played with the concept, they should assess both the intent and the effects of the law. Students are likely to think this is an unfeeling and unsympathetic ruling; most children of converts, for example, maintain relationships with their non- Jewish grandparents. In response to these halakhic texts which assert that there is no relationship, students have claimed that this is a cruel and unrealistic attitude. Most contemporary converts do not sever ties with the birth family, although they may limit their interactions. This response to the harshness of the legal implications of the rebirth metaphor, as well as the sheer strangeness in light of the frequency of multiple family conversions, is important. Although students may not make the analogy explicitly, these cases are akin to asking what one brings that is unique and individual as one forges a Jewish identity. Nonetheless, the best response when students raise these challenges is to assume that the rabbis were aware of this and ask students to brainstorm responses to the question “Whom does this approach benefit and why?” Follow up questions to this can ask the students to develop guidelines for the convert interacting with his/her biological family.186 The teacher does not have to domesticate the strange in rabbinic texts. This rule is strange and has very unusual implications. Students should not be afraid to express their shock and even dismay; on the other hand, before the students descend into ridicule, the teacher should ensure that the students do not judge the text too quickly. is the opinion of R. Yossi גר שנתגייר כקטן שנולד דמי First, the radical interpretation of haGalili. The sages do not consider the child a first born for redemption from a kohen;

183 Interestingly, this principle is used to establish halakhah in the case of in vitro fertilization with a donated ovum. David Bleich ("In vitro fertilization: questions of maternal identity and conversion," in Contemporary Halakhic Problems, vol 4, pp. 242ff.) uses the case of a pregnant woman who converts and, as a result of her conversion, has severs her relationship with the child, but yet the child is born Jewish (Yebamot 97b), as a model for claiming that the birth mother determines the Jewish status of an IVF baby. 184 Meir Simchah of Dvinsk (Meshekh Chochmah, Deuteronomy 5:27) finds the basis for the claim that the convert is like a newborn in the command to Israel, after the national conversion at Sinai, to return to their tents (i.e., resume the sexual relationships which had been prohibited prior to revelation). He argues that Israel engaged in consanguineous relationships in Egypt, and now that they were obligated to those laws, the only explanation for allowing the resumption of sex is that they had been newly reborn as converts. 185 See above, note 174, p. 137. 186 Students frequently ask about mourning for non-biological parents. Conservative Rabbi Joel Rembaum documents changing attitudes towards this and concludes not only that converts are permitted to mourn, but that in general, converts should be considered obligated to mourn their biological relatives. See, “Converts Mourning the Death of Close Relatives”, available at http://www.rabbinicalassembly.org/teshuvot/docs/19912000/rembaum_converts.pdf.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Conversion, Rebirth, and Kinship: Teaching Ideas Jews, by Choice page 149 although she has now converted, she does not have to pretend or imagine that she doesn’t have another child.187 Second, ignoring the convert’s past may be precisely what the convert herself wants. Even outside the context of conversion, rabbinic decisors have allowed a woman whose pre-marital abortion was not known to her husband to treat her and have a pidyon haben.188 Certainly there will be reasonable cases בכור לכהן child as a where a convert wants to ignore his/her past. On the other hand, imagining that there is no relationship with the convert’s non-Jewish parents, siblings, or unconverted children is reasonably seen as problematic. This set of texts is complex and potentially problematic for students who, for good reason, may find the dominant metaphor of conversion as rebirth paternalistic, insensitive, and/or unrealistic. Again, it is not the job of the teacher of Jewish texts to domesticate the strange, but at the same time, strange texts present special challenges in facilitating student comprehension. The approach taken here is to allow students to explore the full range of why the text is strange and perhaps difficult (allowing dissent without allowing ridicule) while acknowledging that the rabbis must have had some positive intention in using this metaphor. By asking the students to articulate the possible motives in casting conversion as rebirth, the teacher avoids the charge of apologetics. Instead, the text has been analyzed appropriately, with due attention paid to its internal tensions and dialectics. Here are some possible representations of the concept of conversion as rebirth: • Think about the process in which a person becomes part of a new family (adoption, or more frequently, marriage). What is done to make the person feel a part of the family? Who may be involved in this process? Do these efforts work? • Think about the use of kinship language for people who are not actually family: calling people brother; the use of father, brother, and sister by Catholic clergy; calling close family friends aunt or uncle; teachers referring to their students as “their kids”. What is the point? How do these metaphors create different kinds of relationships? • Think about the dynamics of self-redefinition. What opportunities are created by moving to a new school? Imagine the student who had a bad reputation at an old school: how will s/he react to the student who knows his/her reputation? How can that tension be alleviated? Who would stand up for the "new kid on the block"? • Contrast the convert with a student who had a poor academic record at a previous school. Although the student would like to ignore the past, does it make sense to ignore the old record? Compare and contrast that idea with the rabbinic texts. How are “bad grades” an inadequate representation of the convert’s previous life? How might the process of turning around one’s academic performance be similar to the steps a convert must take in order to be part of the Jewish people?

187 The sages consider the child a firstborn for inheritance because the laws of inheritance are determined (ראשית אונו is determined by the father (from בכור לנחלה :by the father, and this is the father’s first child Note that non-Jewish children of a convert .(פטר כל רחם) is determined by the mother בכור לכהן whereas the do not inherit according to Jewish law. 188 Cf. Feldman, Daniel Z. The Right and the Good. New York: Yashar Books, 2005; p. 203.

• Imagine someone who is new to an online group (a “newbie”). How do groups monitor or establish their boundaries and norms? Why do groups sometimes limit access or the ability to post until a few days have passed? What happens when someone misjudges the norms and tries far too hard to become part of the group. How do members of the group respond? What kind of response is needed? These questions can be used in a group study and then discussion. Post the questions on the board and have different groups start with each of the different sets of questions and then continue with a set that they choose. After students have explored the metaphor, they can share their learnings with the group. Another response to the difficulty of the rebirth metaphor is that this is only one voice of Chazal on this issue; the next text assumes a different relationship between the convert and his/her biological family.189 Tosefta Demai 6:12-13—an amazingly effective and complex text! The most important text for recognizing the complex ways in which the image of rebirth works is Tosefta Demai 6:12-13. Students should carefully analyze this text and contrast how the law both allows for some kind of continued interaction with the birth-family. The story of Onqelos, however, suggests how the image of rebirth can serve the needs of the convert. Onqelos’ desire to separate himself from his past (destroying his inheritance) led him to behave in a way that the law did not require. The text from Tosefta Demai gives a lot of "bang for the buck." The language is fairly simple, but pregnant with implicit meaning. This is a great text to "milk for questions." Once students have read through the text in chevrutah, have each generate five questions from the text. Preparing the text on a page with large margins can facilitate the recording of questions. After they have "milked" the text, they should try to let the cream rise to the top: which questions can be answered directly and which questions are richer and will generate productive discussion.190 Circulate among the students to see which groups are coming up with generative questions. When students are ready, solicit a few really good questions from different pairs. Students should only suggest their question if they think their question will generate discussion in different ways than the questions that have already been suggested. After hearing five or six suggestions, the students should briefly advocate for various questions, vote to select a question, and then discuss it. Reflecting on the image of the newborn The image of rebirth serves both to divorce the convert from his past as well as to provide the convert with a new family. Each side of this transformation has profound implications for both the convert and the Jewish community. Students should review this unit by filling in a chart like this one (without the suggested answers provided here):

189 Also see note 174, p. 137, which demonstrates how rabbinic law did not feel it necessary to apply the uniformly. That the convert maintains obligations to his/her גר שנתגייר כקטן שנולד דמי principle of biological parents as a rabbinic injunction lest s/he be seen as having decreased in holiness, is one aspect of the rabbinic flexibility that emerged from showing attention to the needs of converts. 190 Developing a taxonomy for questions and predicting which questions will be generative is a great metacognitive skill for students.

How does this image … the needs of the convert? … the needs of the Jewish serve community? Separation from one’s Clarifies allegiances, helps Eliminates concerns about past life establish Jewish attributive “contamination” identity Rebirth as a new person “Clean slate”, defines conversion Clarifies responsibilities as part of a process towards the convert In some ways, the Jewish community as a whole serves as the new family, and the bet din may be seen as the new parents. Certainly a rabbi who sponsors a convert develops a quasi-parental role with respect to the new convert.191 The kinship metaphor is complex, but it serves an important need for both converts and the Jewish community. The kinship metaphor is also applicable to Jews by birth who are constructing their own identities. As a follow-up to the earlier discussion of how one has treated "new" people, one can now address the student's own experience of identity transformation. How does one acquire a new identity? Why might someone try to shed aspects of a previous identity? Is shedding an identity the same as acquiring a new one? Students may be hesitant to refer to aspects of their identity that they have shed; after all, if they stopped presenting themselves in a particular way, they may not be secure enough in their new identity to share. The movie, The Green Chariot (below, p. 155) may provide a more safe example. On the other hand, the occasional student may be willing to share ways in which s/he has consciously chosen to adopt new aspects of one's identity. Seeing identity formation as an active and conscious process is a primary goal of this course, and it is not only appropriate but necessary to be explicit about how the choices people have made, are making, and are thinking of making with respect to their own Jewish identities. What does one bring of one’s personal experience (eg. music) to one’s Jewish identity? What expectations does one's Jewish community place upon its members, and how does one's response to those expectations affect one's identity? What obligations are placed upon the community to facilitate the formation of Jewish identity? How is Jewish identity formed in a pluralistic Jewish community? To what extent are one’s ties to the Jewish people inalienable like one’s ties to family?

Conversion as Language Acquisition (optional)

Along with common descent, mythology, religion, and land, one of the hallmarks of a people is a common language. Awareness of the use of language can be seen as a way to assess a person's integration into a new community. "Child-directed-speech" (CDS, baby- talk) is a function of an awareness that the child is not an adult. CDS can be seen as a metaphor for the integration of the convert who is seen as a newborn, although the metaphor has its limits. In some areas, the convert may be a like a child who knows

191 This paternalistic attitude towards the convert also explains the reticence of Jewish courts to convert people who are likely, from the perspective of the court, to incur punishment for their sins. If the bet din takes the metaphor seriously, then the sins of the convert redound upon the court, just as the sins of a child are “accounted” as the sins of the parent until the child reaches adulthood.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Conversion, Rebirth, and Kinship: Teaching Ideas Jews, by Choice page 152 nothing, but frequently a convert knows something of Judaism and is misinformed about a great deal more. Yet another linguistics phenomenon category--"code-switching" (using different forms of language for social purposes)--is a sign which marks membership in a social group.192 Language acquisition as a metaphor for conversion is extremely helpful. Educators even speak of immersion programs (although they aren't a quick dunk in the language). One of the assumptions of a proficiency approach to language acquisition is that the student must be comfortable and eager to participate in the conversation. Perhaps a convert becomes a Jew when he "passes" as a native speaker of "Jewish". At the same time, the use of language is not just a metaphor for the convert; it is a real challenge and seemingly simple uses of language can serve to exclude the convert. As a concluding exercise, contrast this metaphor with others that have been used, including immigration/naturalization, (re)birth, adoption, and marriage.

Exercises on language use and acquisition

The goal of these exercises is to have students explore the metaphor of conversion as language acquisition and begin to develop an empathic sense for what it means for a convert to integrate into typical Jewish contexts. The exercises included here take some time: an effective way to explore them as a class is to divide the class into four groups and have two groups do exercise A and then B, and have the other two groups do exercise C and then D. Then use the rest of the time to share what was learned about language and then apply the metaphor to the case of conversion. Several of these exercises can be facilitated by faculty in other departments who are willing to help. Alternatively, students who want to work on an "extra-credit" assignment can serve as the facilitators (with a preparatory session). A. Conversations with the clueless and confused Students distinguish between communication with someone who has no knowledge and with someone who is misinformed or who is interpreting based on a different frame of reference. Begin with the group having to explain to the facilitator how to put tefillin on (without touching the tefillin or the person) and why, and have the facilitator play dumb. This should be analogous to child-directed speech. Then have the group try to explain kashrut to the facilitator who adopts the persona of someone who believes that the rules for kashrut are laid out in the Torah. The facilitator should regularly offer incorrect explanations for behaviors, either based on the Torah or based on conceptions of health, or based on observations of Jews who may observe kashrut in different ways or not observe kashrut at all. Other possible scenarios might include explaining some aspect of technology, or explaining the day school schedule. Debriefing should focus on the differences between these two kinds of speech. Then the students should proceed to exercise B.

192 See the summary article on Wikipedia http://en.wikipedia.org/wiki/Code-switching and the sections specifically on Markedness and Communication Accommodation Theory.

B. Interviewing a foreign language teacher Students should interview a foreign language teacher about how students learn a foreign language. How is language learning assessed? How do language teachers build on knowledge that the students already have? How do they respond to errors? How does learning progress in the different language skills (reading, writing, speaking, and listening) and why there are certain patterns? How do they introduce grammar topics, and how important is this? What is a "sympathetic listener"? What counts as proficient? Students can be given a set of guideline questions like this, but should be encouraged to ask other questions as well. C. Role playing Two students should be given cards that explain that they are to try to learn each of the other two student's class schedules orally, but should substitute names of foods for the various courses and initials for the names of the teachers. The cards can include a key (pre-calculus=pickles, geometry=a salami sandwich, Hebrew=a Caesar salad). The third student is given a card explaining that he should try to figure out if he can share lunch with the other two students. Debriefing should focus on the psychological disorientation experienced by the student on the outside and the frustration of the "in" students in trying to communicate with the D. Welcoming Words: Design a language use policy to make a community more inclusive Students should be presented with the following dilemma to which they are required to draft a response: The synagogue of Yehupetz has a well-educated congregation. Over the past few years, they have attracted a large number of committed new members (including some Jews-by- choice) who do not have much of a background in Hebrew. People have realized that the many members seem lost by announcements that use a lot of Hebrew "jargon", but other members have complained that they are annoyed when the rabbi or synagogue officers translate common Hebrew terms. This applies to announcements, Jewish teaching, and synagogue publications Students should begin by discussing the dilemma and make sure that they understand both sides of the "should we translate the term chumash?" debate. Students should then try to develop a policy that will meet the needs of the different constituencies. If students have difficulty with this, they can be given the easier assignment of implementing a "Welcoming Words" policy.193 "Welcoming Words" were designed to be a limited list of terms that would be available in a booklet, given to all members and new members, and available on the synagogue website. These terms, provided in Hebrew, transliteration, and translation, would (after a learning period) not be translated in public contexts. All other public use of Hebrew would be translated.

193 This exercise is based on the actual experience of the author who is a member of the Keiruv committee in his home congregation of Temple Israel of Sharon, MA.

Students can discuss this policy and try to figure out what words they would consider welcoming words and what words they would not. They could be given the task of trying to draft a list of words. They could also explore the list available at http://www.tisharon.org/welcomewords.htm . Group discussion on conversion and language acquisition Have the different groups share some of their learnings about language and record them on the board. Ask students to limit their comments to the realm of language, but have them begin to think about the applications to the case of conversion in their notes. By the time the students have completed reviewing the various aspects of the language exercises, they should have thought of many different ways in which conversion is similar to language acquisition. Having thought about acquisition of language, both as a metaphor and as a crucial aspect of the convert's integration into the Jewish people (there is, after all, a lot to learn; think back to the case of the convert who wants to learn all of Judaism on one foot, above, p. 77), students should unpack the metaphor. Begin with (but make it clear that you are just beginning with) the psychological experience of the convert. How did it feel to be clueless and feel excluded from the conversation? How is that different than having misconceptions which need to be unlearned or interacting with someone who misunderstands? If the use of language or dialect is crucial to the creation of a social group—i.e., a group knows that it is a group precisely because they can use certain kinds of language together—how does it affect that group when, in order to facilitate the integration of others, they stop using that language. What does it mean when someone starts code- switching for the convert? Is that being sympathetic and welcoming, or is that marking that the convert is not really part of the group? How do people learn a language, and how do converts learn about Judaism? What kinds of "errors" might a convert (in training, or after conversion) make? How do Jews react to these kinds of errors (review, for example, the different interpretations of R. Chelbo's .(above, p. 94) קשים גרים לישראל כספחת comment Why might it be necessary for a community to develop policies about how they are going to be open and welcoming? What would be lost if a community decided to abandon the use of its specific language in favor of always translating (directly or contextually) terms which are in Hebrew? What does it say about non-Jewish teachers in a Jewish school who learn to use some Jewish-specific language? Is that jarring? flattering? assumed?

A Guide to The Green Chariot, Hebrew w/subtitles

Yair, a yeshiva student and counselor for the religious-Zionist youth group B’nai Akiva finds out that his maternal grandmother was Christian, and his mother, who lived as a Jew, did not convert. The movie explores what it means to convert along with the tension created when all of a sudden one’s subjective identity clashes with one’s various attributive identities. Like story of Onqelos haGer (Tosefta Demai 6:12-13, above, p. 142), this movie forces the observer to adopt various different perspectives on the experience and identity of the convert to Judaism. Screening the movie has its own challenges. It is very easy when watching the movie to be taken over by how unfair the whole situation seems. But ultimately, the protagonist does convert, albeit not in the expected way. But as with the rabbinic texts, the movie will only be appreciated adequately when the motivations and perspectives of each of the characters is thoughtfully explored. Below is a complete summary of the movie with annotations and discussion questions. Following that is a condensed viewing guide (below, p. 161) where some of the questions below are reproduced in a form to distribute to students to use during the film. Director: Gilad Goldschmidt Screenplay: Ori Ravid, Uzi Weill, Gilad Goldschmidt Producers: Mosh Danon, Yifat Prestelnik Yair/Sasha, a Russian-born Israeli Yeshiva student—Vitali Friedland Dafna, his Israeli girlfriend—Daniella Wircer Preview clip in English: http://www.youtube.com/watch?v=JiSA20yFBMk includes the scene of Sasha and his father in the car (5:34-8:40)

Complete Movie Summary (especially important scenes are bolded) 0:13 The movie begins at the Shabbat table of Dafna and Yair's seat at the table is empty. The scene flashes to Yair on a bus to Tel Aviv. After the beginning of the movie, Yair has a series of flashbacks (2:03-4:00) 2:03 Sasha/Yair gets a package from his Aunt Ina 2:23 Yair gives a ring (publicly!) to Sasha—we find out later that this is a formal engagement 2:53 He is praised by his friends as "insanely dedicated" to his B'nai Akiva troop (a religious youth group like NCSY) and made the new leader of the "Shunra" troop 3:11 He pulls out the "Green Chariot" jewelry box and discovers a golden cross 4:00 Yair goes back to his father's house and runs into Yulia his former Russian girlfriend, who still maintains a friendship with Yair's father. 4:45 Yulia tells Yair that his friends and his father miss him. Even before Yair finds out about his grandmother (and his) identity, Yair has been identified as totally integrated into his religious community (his engagement and being called "insanely dedicated". He also has been rebuked by his former girlfriend Yulia for not visiting his own father for months.

How do the flashbacks at the beginning of the movie demonstrate Yair's integration into his Jewish community? What is the price of his investment in that community? 5:34 Yair/Sasha with his father in the car Yair sits with his father. The father denies that Sasha's mother was Christian, and then Yair tells his father he's getting married (7:23 Dafna leaves a message on Yair's phone that she's worried). 7:38 Sasha/Yair is back in the car with his father and asks about the necklace. Sasha wants to hear the truth and his הדוסים ) father asks him "Which truth? The real truth or the truth of your religious people The father explains that his mother was a true Jew who wore a Magen .(]=הדתיים[ שלך David and insisted that her son be circumcised when it was dangerous (apparently in the former Soviet Union). But the father then says that the cross belonged to Sasha's mother's mother. The father tells Sasha he should be ashamed for letting his religious teachers tell him who his mother was. 8:40 The father gets out of the car and calls "Sasha! Yair!" The scene with Yair and his father in the car (available on the youtube preview) introduces two thematic tensions of the movie: the gap between different people's perspectives of what it means to be Jewish, and the gap between different perspectives on who Yair/Sasha is, as reflected in the way he is addressed by each (or both) names. Pause film at 8:40, the end of the scene in the car with Sasha/Yair and his father. What different conceptions of Jewishness are expressed in this scene? What does the father mean by "Which truth?" Why does the scene conclude with the father calling out to his son using both names? What do the names represent? (Follow the use of his names throughout the movie). 8:55 Yair prays. goes into a synagogue and recites Birkot haShachar. The second one makes him stumble—it says Praised are You…who did not make me a gentile. He pauses, but then says it. Yair enters a synagogue, and the blessing Yair reads is praising God for having not made him a "goy". The irony is that Yair always thought of himself as a Jew and is probably reflecting back on the thousands of times he has recited this blessing. When Yair hesitates and then recites the blessing "for not having made me a "goy"/gentile, how is he imagining all of his previous times reciting that prayer? At this point, what does Yair think of himself? How do you know? Yair is questioning his identity. Do you think Yair is a gentile? If so, who made Yair a gentile? 10:13 He sees Dafna and has a fight, but he doesn't tell her about the cross. He just says he went to see his father. 11:55 Yair meets with a rabbi about conversion. Meets with a rabbi in Tel Aviv who tells him that he has to have a test, but finds out that he can't observe the mitzvot because of a quote from Maimonides that "A gentile who observes the Shabbat deserves death" He is told he has to violate the Shabbat in some way without going overboard –light a cigarette or write something.

The source for the claim that a Gentile who observes the Shabbat is liable for the death is Sanhedrin 58b. The basis for this law is given as Genesis גוי ששבת חייב מיתה penalty day and night will not cease, which is understood as "day and ,וְ יוֹם וָלַיְלָהֹלא יִשְ בֹתּו ,8:22 night they (non-Jews) will not observe Shabbat." Maimonides explains (Law of Kings אין מניחין אותן לחדש דת ולעשות מצות לעצמן מדעתן, אלא או יהיה גר צדק ויקבל כל (10:9 We do not permit them (non-Jews) to innovate" המצות, או יעמוד בתורתו ולא יוסיף ולא יגרע commandments for themselves out of their own heads, but rather, either they become righteous converts and accept all of the mitzvot, or they stay with their own Torah [i.e. the seven Noahide mitzvot] and they cannot add or subtract [from those seven]. The Torah Temimah on this verse (note 17) says that the reason is that not working causes and Jews only remain idle because they ,שהבטלה גורמת מיתה לאדם קודם זמנו early death אַ ְך אֶ ת שַבְ תֹתַ י are commanded to.194 Alternatively, the source may be Exodus 31:13 Yet observe my Sabbaths for it is a sign between תִשְ מֹרּו יכִ אוֹת הִ וא בֵּינִיּובֵּ ינֵּיכֶם לְדֹרֹתֵּ יכֶם Me and you throughout your generations which is understood as you, and only you. Rabbi Elchanan Adler sees Shabbat as a special gift to the Jewish people, a time of deep intimacy with God, and deep intimacy does not tolerate strangers.195 As cases of reconversion (or conversion of people who thought they were Jewish) become more common, the jarring experience having to violate Shabbat is also less exceptional.196 13:15 Yair studying in yeshiva. He is studying with his chevruta/roommate Gidi. They are studying Yebamot and Gidi notes that an Ammonite and a Moabite but King David was descended from Ruth the Moabite; but Yair is thinking about a gentile who observes Shabbat. In the Bet Midrash scene, Gidi, Yair's chevrutah is discussing the apparent contradiction between the law that a Moabite cannot come into the people of Israel, and Ruth being a Moabite convert. Why do you think the film introduces this contradiction?

194 This fits well with the preceding comment of Resh Laqish in Sanhedrin that one must enslave oneself to one's land by working in order to be satisfied with bread. 195 Although there is disagreement among the Rishonim about the case of a convert in training (Tosafot Yeshanim, for example, state that someone who intends to convert is permitted to observe Shabbat), contemporary Orthodox halakhah is as described in the movie. R. Bezalel Stern argues that a convert who has been circumcised for conversion but has not yet immersed, however, is allowed to observe the Shabbat (Shu"t B'tzel haChochma 4:127.7) 196 A classic joke on this theme illustrates the ambiguity of status: Reuven and Shimon were study partners for years and years. Soon Reuven noticed that Shimon never took any honors in the synagogue. When Reuven's son became Bar Mitzvah, Reuven called Shimon up to the Torah. "Ya'amod Shimon ben..." and he looked at Shimon expecting to hear Shimon's father name. But Shimon adamantly refused to be called up. No amount of pleading would get him to change his mind. Finally, Shimon decided to reveal all. "The truth is, Reuven, I am not a Jew." Reuven was shocked. "What?" "It's true," continued Shimon. "I just loved learning with you and never thought it would come to this. I've always been pushing off my plans for conversion." "But Shimon, you keep every halakha, and you know that a non-Jew isn't allowed to keep Shabbat! Yet I know you have been keeping Shabbat!" Shimon smiled wisely. "I've always kept a key in my pocket, which I'd carry around with me outside so no one would know." "You fool!" shouted Reuven, "There's an Eruv!!" Shimon waved his arm. "Ach, I don't hold by that Eruv!"

14:00 Yair's father is calling "Sasha/Yair". The father says they'll find a solution 14:20 Yair acts like a jerk at the Bnei Akiva meeting and then has a fight with Dafna 15:34 Yair prepares for Shabbat and as soon as Shabbat starts he goes to tefillot but walks out, goes to his room, takes out a pen and paper, cigarettes and matches. He drops the matches as there is a knock on the door and he hides them. 17:15 Flash to Dafna's family for Shabbat where Dafna is upset that Yair is not there 17:41 Yair in bed not doing anything 18:05 Dafna, frustrated, takes off her engagement ring 18:35 Yair's father shows up in Jerusalem at Yair's yeshiva dorm and takes him home to Tel Aviv 18:55 Dafna shows up at Yair's dorm room. Everybody is expressing care for Yair 19:23 Yair's second talk with his father. The father says "What really matters is what's inside…You don't have to be a genius to see who you really are" but Yair doesn't know who he is. The father thinks these are little things but to Yair it is a big thing. Just go to the bet din and let them do what they want. 20:20 Yair's examination. Yair sits before a bet din. He answers the simple questions with detail and anger. They ask him if he really wants to convert? He asks himself "Do I want to…" Of course he doesn't want to convert; he wants to be the Jew he thinks he has always been Why does Yair react so negatively to the Bet Din's questions? One of the rabbis asks Yair whether he really wants to convert. Yair echoes the question "Do I want to…?" What answer do you think Yair would give to that question? 21:23 Dafna shows up to Yair's father's apartment while Yair is at the bet din 21:54 Yair has passed, but still has to go to the mikveh. A date is set for erev Shavuot. 22:10 Dafna meets with Yair's father for the first time and hears about "Sasha's" past—he was a piano prodigy, memorized Tolstoy, he shows pictures of his former friends--none of which Dafna has ever heard about. When Dafna visits with Yair's father, she learns about his past for the first time. She still does not know about Yair's grandmother. Why is it significant that he has not told Dafna about his past or even introduced her to his father? 23:55 Yair comes back from the bet din and sees Dafna. She breaks off her relationship with him. He shows her the cross and she walks out. But she comes back in, and says it will take more than a piece of metal to make me give you up. Sitting by the sea, Dafna invites him for Shavuot. Yair expresses his doubt that the mikveh will transform him and he questions the validity of his previous life. 27:30 Yair is at the mikveh. This takes place right before Shavuot with the bet din. Yair is told that he'll come out with a new Jewish soul. He then asks what happens to his old soul. He storms out as he says he loves his soul that gave him the strength to become who he was. Pause the video at 28:30, after Yair walks out of the mikveh and, if needed, replay the scene from 27:30.

Summarize in your own language what Yair's problem is as he prepares to immerse in the miqveh. What does it mean to Yair to say that he "loves [his] soul"? What has his soul empowered him to do? 28:50 Erev Shavuot at Dafna's house. Yair opens the wine bottle and everyone is touchy because they of the concern of drinking wine touched by a non-Jew. This causes a big fight and Yair reacts, playing the role of the shabbas goy, turning on lights and music. He leaves and gets in a cab, but Dafna sits down at his spot and drinks the wine that Yair had poured. Traditional halakhah prohibits drinking wine touched by a non-Jew. Why do you think Dafna drinks Yair's wine? What is going on in her head? What is going on in the minds of her parents? 31:50 Yair goes back to his friends. He is back in Tel Aviv, wearing his kippah, but smoking (apparently it is still yomtov). He goes to visit Yulia and goes with her to a party with his old friends. He apparently has a good time hanging out with his secular Russian- born Israeli friends. Some of his friends ask him questions like "Are you allowed to speak Russian?" Sasha eats a piece of silotka (herring in vodka) and says "I missed this taste"; this is ironic since there is nothing not-kosher about silotka. Someone quotes some Tolstoy, and Yair completes the line. 35:26 Scene cuts to Dafna who is alone, preparing for the post-Shavuot trip. She calls Gidi to take Yair's place. 36:05 Back at the party, Sasha plays piano and sings a song about a green chariot. At the party with his friends, Sasha rejoins his old friends. What does he learn about himself? What would you do if you suddenly found out you weren't Jewish? 38:00 Yair with Yulia in her apartment. They begin to prepare to have sex; at first Sasha takes off his tallit qatan (tzitzit). This clearly evokes the Talmudic story of the yeshiva student who goes to a city on the sea to see a prostitute (Menachot 44a, above, p. 69). He hesitates, and then says, "Gentiles are allowed." Yulia refuses because she doesn't want him to hate her. She says, "Sometimes you have to go away in order to return…to yourself." When Yair is alone with Yulia, he takes off his tallit qatan. This is a reference to the aggadah in Menachot 44a about the yeshiva student who goes to prostitute. Who is this scene both similar and different? How is Yulia's statement "Sometimes you have to go away in order to return…to yourself" true, not only of his trip to Tel Aviv, but of the entire experience of finding out about his non-Jewish grandmother? How can looking at what is different help you understand yourself? 40:18 Yair's and Dafna on the beach. Dafna is on the beach with the youth group and Yair calls and says that both "the old me and the new me…are coming to be with [her]" Dafna calls her father. 42:00 Yair arrives, as does Dafna's father and Yair's father. Dafna tells Yair to go and immerse in the ocean and "come back to us new and old." The father, father-in-law, and Gidi are apparently there to serve as a bet din. The father says, "Go,

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Conversion, Rebirth, and Kinship: Teaching Ideas Jews, by Choice page 160 our Sasha. Go, our Yair." Yair walks out into the waves, takes off his clothes, and immerses. The film shows him walking back, and then just focuses on the waves, coming in to the shore. When Yair arrives at the beach with Dafna, he also sees his study partner Gidi, his father, and his father-in-law-to-be. Why are they there? Three days earlier, Yair couldn't go into the miqveh. Why does he do it now? Why does most of the movie take place around the holiday of Shavuot?

A viewer's guide for A Green Chariot

Answer the following questions during the movie. At two points, the movie should be paused for two minutes to give you a bit more time to reflect on your answers. 4:45 How do the flashbacks at the beginning of the movie demonstrate Yair's integration into his Jewish community?

Pause film at 8:40, the end of the scene in the car with Sasha/Yair and his father. What different conceptions of Jewishness are expressed in this scene?

Why does the scene conclude with the father calling out to his son using both names?

9:35 Yair enters a synagogue, and reads the morning blessings. The second blessing praises God for having not made him a "goy". Do you think Yair is a gentile? If so, who made Yair a gentile?

20:20 One of the rabbis asks Yair whether he really wants to convert. Yair echoes the question "Do I want to…?" What answer do you think Yair would give to that question?

Pause the video at 28:30, after Yair walks out of the mikveh and, if needed, replay the scene from 27:30. Summarize in your own language what Yair's problem is as he prepares to immerse in the miqveh.

40:00 How is Yulia's statement "Sometimes you have to go away in order to return…to yourself" true, not only of his trip to Tel Aviv, but of the entire experience of finding out about his non-Jewish grandmother?

44:00 When Yair arrives at the beach with Dafna, he also sees his study partner Gidi, his father, and his father-in-law-to-be. Why are they there?

Why does most of the movie take place around the holiday of Shavuot?

Assessments Assessments for this unit should assess comprehension of the halakhic implications of the .and the tension in using the metaphor of rebirth גר שנתגייר כקטן שנולד דמי concept of

Unseen texts

Yebamot 62a One assessment of using the halakhic concept could be evaluating questions on an unseen תנ"ך :text. For example, one might use the following text תנאי תלמוד בבלי מסכת יבמות דף סב עמוד א איתמר= it was said 1 אמוראי איתמר : היו לו בנים בהיותו עובד כוכבים ונתגייר. introduces an Amoraic] סתם ר' יוחנן אמר: קיים פריה ורביה, [statement בהיותו=while he was וריש לקיש אמר: לא קיים פריה ורביה קיים= רבי יוחנן אמר קיים פריה ורביה, דהא הוו ליה; פריה ורביה= the commandment to have 5 וריש לקיש אמר לא קיים פריה ורביה, children (lit. being fruitful גר שנתגייר - כקטן שנולד דמי. (and multiplying דהא=for this ואזדו לטעמייהו, דאיתמר: הוו ליה=היו לו

היו לו בנים בהיותו עובד כוכבים ונתגייר, אזדו לטעמייהו= they follow רבי יוחנן אמר: אין לו בכור לנחלה, their respective reasons דאיתמר=as has been said 10 דהא הוה ליה ראשית אונו; וריש לקיש אמר: יש לו בכור לנחלה, גר שנתגייר - כקטן שנולד דמי. 1 It was said: He had children while he was an idolator and he converted. 2 R. Yochanan said: He fulfilled the mitzvah to procreate, 3 and Resh Lakish said: he did not fulfill the mitzvah to procreate. 4 R. Yochanan said: He fulfilled the mitzvah to procreate, for this one has [children], 5 and Resh Lakish said: he did not fulfill the mitzvah to procreate — 6 a convert who converts is like a newborn child. 7 They follow their respective reasonings, as it was said, 8 He had children while he was an idolator and he converted [and had a son]. 9 R. Yochanan said: He has no firstborn for inheritance, 10 for he already had a ”beginning of his strength” ; 11 and Resh Lakish said: he has a firstborn for inheritance— 12 a convert who converts is like a newborn child. The first part of the text works out two different approaches to the fulfillment of the obligation to procreate, and the second compares the positions of the two Amoraim to their positions on a case similar to Mishnah Bekhorot but written from the perspective of the male convert who had children before and after the conversion. A good assessment will compare and contrast the conclusion of this sugya (lines 7-12) to the Mishnah in Bekhorot and a better one will speculate about whether R. Yochanan believes that the child born while the convert was not yet Jewish inherits property at all

(according to halakhah). A really good assessment will compare and contrast the mitzvah to procreate and the responsibility to one’s firstborn heir. The case of restoring property stolen from a convert Tosefta Demai 6:12-13 assumes that a convert can inherit from his non-Jewish birth father. Does the birth-family have any claim on the property of the convert? What happens to a convert who lacks the social protections provided by extended family that may look out for one's interests? The rabbis creatively apply a text from Numbers to the case of a convert, and provide a degree of protection for the convert from abuse. The rabbis assume that the case described in Numbers 5 deals with a convert whose property was stolen. The thief repents and wants to return the property, but in the meantime, the convert has died childless (i.e., without an heir to receive the restored property).

ספר במדבר פרק ה Numbers 5:5-8 )ח( וְאִ םאֵּ ין לָאִ יש גֹאֵּ ל ,Now if the man has no redeemer 8 לְהָשִ יב הָאָשָם אֵּ לָיו ,to whom [a repentant thief] can pay back of guilt-payment הָאָשָם הַ במּושָ לַידֹוָד לַכֹהֵּ ן ,the guilt-payment is to be restored to God , (it is) the priest’s מִ לְבַד אֵּ יל הַכִפֻרִ ים אֲשֶ ר besides the ram of atonement through which he achieves יְכַפֶ ר בוֹ עָ לָיו: .atonement

The Torah's law deals with a robber who repents and wants to restore stolen property. Traditional Jewish understandings of verse 8 assume that the original victim of the robbery is dead and repayment belongs to a redeemer for the original owner.197

The Sifre Bemidbar (one of the midreshei halakhah) preserves a Tannaitic midrash on as במדבר ה ח this passage. How does R. Yishmael explain why the rabbis are reading ?How does this passage relate to other passages that we have seen ?גר referring to a ספרי במדבר פיסקא ד ד"ה )ד( ואם 1 םוְּאִ אֵין לָאִ יׁש גֹאֵ ל )במדבר ה ח( וכי=introduces a question גוזל=robs | ונשבע לו= [falsely] ר' ישמעאל אומר וכי יש לך אדם בישראל שאין לו makes an oath of denial to him ומת=and the ger] dies] גואל?! קרן וחמש=120% ומה ת"ל ואם אֵין לָאִ יׁש גֹאֵ ל? אשם=a sacrificial offering מזבח=the Temple altar 5 בא הכתוב ולימד על הגוזל את הגר ונשבע לו ומת שישלם קרן וחומש לכהנים ואשם למזבח 1 Now if the man has no redeemer 2 R. Yishma’el says, “Is there a person in Israel who doesn’t have a redeemer[/relative]? 3 What does Scripture say, if the man has no redeemer? 4 Scripture comes and teaches about one who steals from a convert, makes an oath of denial and [then the convert] dies 5 that the thief must pay the principle and a fifth to the kohanim, plus a guilt offering for the altar.

197 Both Everett Fox and Richard Friedman assume that the thief has no relative to pay the fine, but if that is the case, who returns the fine to the kohen? Baruch Levine and Jacob Milgrom assume that the redeemer is the one who will receive the payment if the injured party is dead.

גר שנתגייר כקטן שנולד A good assessment will identify that the principle involved here is because the convert has no relatives. A better assessment might note the recurring ,דמי association of the convert with the kohen (cf. Shabbat 31a, p. 67). 198 A really good assessment will realize that the provision of a “public redeemer” provides the convert with a certain degree of social protection, similar to assigning the most popular student the task of showing the new student around.

Creative assessments

Draw a comic strip that illustrates either 1) the intent and the pitfalls of the rebirth metaphor, or 2) the challenges facing the convert in integrating into Israel as well as the responsibilities of Israel to facilitate that integration. Survey students, teachers, and parents for examples of kinship language and draw inferences about its different uses. Develop a policy guide for a convert’s interaction with his/her biological family. Students should think of how and decide on a format. Students should be instructed: "If you help the convert establish clear boundaries so s/he knows what is unacceptable and what is risky and what is perfectly acceptable, you will do a really good job on this assignment. What is more, I expect that some of you may be asked to have this conversation with friends or with a potential life-partner. Doing this now will help you think about what your priorities are." Write a movie review of The Green Chariot in light of the classical texts. The next unit introduces a variety of midrashim from the Geonic period on the convert. A possible assessment for that unit is to have students write a mashal about conversion. The mashal which introduces this curriculum (by Ben, above, p. 1) is an example. The metaphor of convert as newborn or as language learner might be used in that assignment.

Research into halakhah

Students may explore changing attitudes towards a convert mourning his biological family.199 How have opinions about this changed? What might have caused the change? The Conservative Movement requires the convert to mourn his/her biological parents; is lenient ruling)? How might mourning for a parent be) קולא strict ruling) or a) חומרא this a different than rulings concerning mourning for a non-Jewish partner in an intermarriage?

198 The association of Bemidbar 5 with a convert leads the much later work Bemidbar Rabbah to include an extended midrashic discussion of conversion including the comment that the grandson of the convert could be a kohen; see below, Midrash and Ambivalence about Conversion, p. 182. The association of the kohen with ger, both in the Sifre, later by Bemidbar Rabbah, and in the story of the convert who comes to Hillel, all reflect the way in which the one vestige of Israelite tribalism ironically is used to create a defined place for the convert in the kinship structure of Israel. 199 Rabbi Joel E. Rembaum, "Converts Mourning the Death of Close Relatives: YD 374:5.1998", not only permits converts mourning their birth parents, but actually requires them to do so (available at http://www.rabbinicalassembly.org/teshuvot/docs/19912000/rembaum_converts.pdf ). Rembaum reviews most of the prior literature including the texts in this unit. Rembaum also notes that Rabbi Maurice Lamm apparently became more open to a convert mourning based on differences between his books The Jewish Way in Death and Mourning (1969) and Becoming a Jew (1991), which is used in this course.

8. Conversion and Covenant

Overview The covenant model assumes that converts must accept all of the rules of the Torah upon converting. The relationship between the covenant model and the kinship model is complex. Rabbinic texts do not exclude someone who is suspected of violating the covenant from the people of Israel; indeed, one is only considered a sinner with respect to Judaism because one is part of Israel. The texts in this unit disambiguate some of the he accepted. What ,”קיבל“ ambiguity that existed in the conversion baraita’s use of exactly did the convert accept? More generally, this unit claims that the convert accepts the covenant in the same way Israel does, but it is not clear at all how or when Jews by birth ever have to accept the covenant in the way that Jews by choice are asked to.

A Commentary for Teachers: the covenant model This section deals with the requirement that the convert accept Torah and rabbinic law. Prior to this point, conversion has been understood as a process of education followed by particular rituals which effect the conversion. Although the baraita describing the He accepted, and we“ ,קיבל, מלין אותו מיד conversion ceremony uses the language circumcise him immediately”, it is not clear what that acceptance means.200 The first text in this unit introduces the (still) ambiguous claim that the convert must accept all of both written and oral Torah. If the kinship model used the metaphor of adopting a newborn, the covenant model is more like a marriage based on common commitments. In both cases, conversion is irrevocable: one cannot alienate family, and the convert who violates the law can be seen as an apostate Jew, but s/he does not return to being a gentile.

Sifra Qedoshim 8:3, complete acceptance

ויקרא יט 1 )לג( וְּכִי יָגּור אִתְּ ָך גֵר בְּאַרְּ צְּ כֶּם לֹא תֹונּו אֹתֹו: תונו=

)לד( כְּאֶּזְּרָח מִ כֶּם יִהְּ יֶּה לָ כֶּםהַ גֵרהַ גָראִתְּ כֶּם

וְּאָהַבְּתָ לֹו כָמֹוָך

כִיגֵרִ ים הֱיִיתֶּ םבְּאֶּרֶּ ץמִ צְּרָ יִם אֲנִי יְּדֹוָדאֱֹלהֵ יכֶּם:

5 ספרא פרשת קדושים פרק ח ג )ג( כְּאֶּזְּרָ ח מה אזרח שקיבל עליו את כל דברי התורה מה...אף...=…just as…so too

אף גר שקיבל עליו כל דברי התורה. מיכן אמרו= usually indicates a מיכן אמרו גר שקיבל עליו את כל דברי התורה ;quote from a Tannaitic source this is from Tosefta Demai חוץ מדבר אחד, אין מקבלין אותו. 2:5

10 רבי יוסי ברבי יהודה אומר מדקדוקי סופרים= one of the אפילו דבר קטן מדקדוקי סופרים: (details of the scribes (rabbis

200 See above, p. 83 on the possible meanings of qabbalat mitzvot in Yebamot 47ab, and note 201, p. 162.

Leviticus 19:33 When a ger lives with you in your land, do not oppress him. 34 Like a citizen among you he will be, the ger who lives with you, 4 and you will love him like yourself 5 for you were gerim in the land of Egypt, I the Lord am your God. Sifra Qedoshim 8:3 7 “Like a citizen” just as a citizen who accepted upon himself all of the words of the Torah 8 so too the convert accepted upon himself all the words of the Torah. 9 From here, they said (in Tosefta Demai 2:5) a convert who accepted upon himself all the words of the Torah 10 except for one thing, we do not accept him. 11 R. Yossi bR. Yehudah says: even one small thing of the details of the scribes [a rabbinic law]. At this point in the course, this text should evoke a wide set of responses. Primary among these should be the realization that this baraita could serve to disambiguate the language It is not unreasonable to assume .קיבל of the baraita in Yebamot 47ab's use of the term that Yebamot is talking about the same thing as the Sifra and Tosefta Demai, although takes.201 Zohar and Sagi argue קבלה neither there nor here is it clear exactly what form that it is striking that while Yebamot focuses on the rituals around conversion and doesn't without קבלת מצוות explicitly, the Sifra and Tosefta Demai focus on קבלת מצוות mention

and this passage from the Sifra and Tosefta ,קיבל The baraita in Bavli Yebamot 47ab uses the term 201 ".can mean "receive, accept, agree קיבל Jastrow's dictionary suggests that .קיבל עליו Demai use the term in the baraita in Bavli קיבל Zohar and Sagi (Transforming Identity, pp. 147ff.) argue that the use of the term Yebamot could mean "receive" as in this mishnah: משנה מסכת סוטה פרק ז ח ... וְכֹהֵּן גָדוֹל נוֹתְ נָּהלַמֶ לְֶך, וְהַמֶ לְֶך דעוֹמֵּ ּומְקַ לבֵּ וְ קוֹרֵּ איוֹשֵּ ב.ַאגְרִ פַ סהַמֶ לְֶך דעָמַ וְקִ בֵּ ל וְקָ רָ א עוֹמֵּ ד, וְשִ בְ חּוהּו חֲכָמִ ים. Mishnah Sotah 7:8…the kohen gadol gives [the Torah] to the king, and the king stands and receives and reads sitting. King Agrippas stood and received and recited standing, and the sages praised him. In this case, the response to being informed about the mitzvot is passive; as soon as the convert receives the ,משה קיבל תורה מסיני education, he is circumcised. Zohar and Sagi do not refer to the example of Avot 1:1 Moses received Torah from Sinai, although this is a reasonable parallel use. Although the use in Avot seems to refer to the reception and transmission of knowledge, perhaps they wanted to separate this .from that particular covenantal context קיבל meaning of could mean agree or want. They cite the case of a woman קיבל Alternatively, Zohar and Sagi suggest that who married a man with an objectionable profession or a physical disfigurement who, according to R. Meir, is allowed to say משנה מסכת כתובות פרק ז י סְבּורָ ה הָ ייִיתִ שֶ אֲנִייְכוֹלָּה לְקַ בֵּ ל, וְעַכְשָ יו אֵּ ינִי יְכוֹלָה לְקַ בֵּ ל Mishnah Ketubot 7:10:…I used to think that I could agree, but now I cannot agree. This usage, however, seems to mean something closer to "endure", "handle" or "bear"; in either case, this is more active than "receive", but the meaning "bear" indicates an awareness of the קיבל understanding of burden that is taken on. which appears in the Sifra and in Tosefta Demai from the קיבל עליו Zohar and Sagi distinguish the usage :in Yebamot. This form means "take upon oneself" as in קיבל use of משנה מסכת בבא קמא פרק ט ג וְהַבַ נַאי שֶקִ בֵּ ל עָ לָיו לִסְ תֹר אֶ ת הַ כֹתֶ ל, וְשִ בַ ר אֶ ת הָאֲבָנִים אוֹ שֶהִ זִיק, חַ יָב לְ שַ לֵּם. Mishnah Bava Qamma 9:3: …A builder who takes upon himself to pull down a wall and breaks the stones or causes damage is obligated to pay. are distinct, and that the baraita in Yebamot does not require קיבל עליו and קיבל Zohar and Sagi claim that an active acceptance of the obligation of the mitzvot, but rather reception of the learning. They ,קבלת מצוות in קיבל in a printed edition of Yebamot 47b is actually only קיבל עליו even note that the brief reference to the manuscripts; this is used as evidence that Yebamot and Demai preserve two different conceptions of in Yebamot should be understood as the passive "receive" instead קיבל conversion. Their conclusion that of the more active "agree" or "accept" is not widely accepted.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Conversion and Covenant: Overview Jews, by Choice page 168 any reference to circumcision or immersion.202 Does this difference create, as Zohar and Sagi argue, two distinct paradigms for conversion?203 makes a profound claim: the Israelite’s willingness not to oppress the ויקרא The text from ger and to show him love is justified by the fact that the ger is reliving a crucial aspect of Israelite history, the experience of being a stranger in Egypt.204 Just as Israel experienced being a stranger, so the ger experiences being a stranger in Israel. The rabbinic text from the Sifra builds upon and extends that analogy. The Sifra claims that just as a citizen accepts all of the Torah, so a convert also accepts all of the Torah. The problem with this analogy, however, is that Jews-by-birth are never required to affirm such a commitment. Interestingly, students frequently predict this gap in the analogy by reflecting on the term as indicating equivalence (although the כ Although the Sifra sees the comparative .כאזרח equivalence is that of a "legal fiction"), students are quick to point out that being “like an Israelite” is different than simply being an Israelite.205 This distinction also arose at the טבל ועלה - הרי הוא כישראל ,end of section D of the baraita on the conversion ceremony is crucial.206 Not only does it allow for the legal כ Yebamot 47b, p. 82). The) לכל דבריו fiction of a “near analogy” of the convert to the native Jew and, but it also allows for the analogy to work in the opposite direction: “In what ways might the Jew-by-birth see himself as a Jew-by-choice, and what can the JBB learn from the JBC?” At the same time, the awareness that the analogy is in some ways a fiction forces the reader to identify the gaps in the analogy.

202 Mekhilta d'Rabbi Shimon bar Yochai 2:48 and 2:49, however preserves both the necessity of circumcision, immersion and sacrifice and qabbalat mitzvot: )מח(...והיה כאזרח הארץ מה אזרח אין נכנס לברית אלא בשלשה דברים במילה ובטבילה ובהרצאת קרבן אף גר אין נכנס לברית אלא בשלשה דברים במילה ובטבילה ובהרצאת קרבן.... )מט( תורה אחת יהיה לאזרח מה אזרח שקיבל עליו כל דברי תורה אף הגר שקיבל עליו כל דברי תורה מיכאן אמרו גר שקיבל עליו כל דברי תורה חוץ מדבר אחד אין מקבלין אותו ר' יוסי ביר' יהודה אומר אפילו דבר אחד מדקדוקי סופרים. Mekhilta d'RSBI 12:48 And he will be like a citizen. Just as a citizen enters into the covenant only with three things— circumcision, immersion, and a sacrifice—so too the ger enters ino the covenant only with three things—circumcision, immersion, and a sacrifice…. (49) One law will there be for the citizen [and for the ger]….(the rest is identical to the Sifra quoted above). I find the argument difficult. I also find it difficult to ,קיבל Given that Yebamot does use the word 203 imagine that anyone ever considered it possible for a convert to become Jewish without performing mitzvot. That said, their arguments make it clear that these texts lack clarity both about whether there was any formalized "acceptance". 204 The analogy of the stranger's experience isn’t exact. Rabbinic texts claim that Israel did not assimilate in Egypt, while the ger tzedek does assimilate. Counter-voices in TaNaKh (like Ezekiel) assume that Israel did assimilate. Assimilation, apparently, is not necessarily an effective tool against persecution, either for the Jews in Egypt or the ger-tzedek in Israel. Cf. the discussion of why converts are oppressed, Yebamot 48b (p. 132). 205 Note Meylekh Viswanath, "The word in Hebrew for the notion of converting is not lehityahed, i.e. to become a Jew, but rather, lehitgayer, i.e. to become a ger, to accept a status as an alien, as an other.""The Convert’s Contribution: A Jew by choice brings a needed outsider’s perspective to the community", The Jewish Week, July 5, 2011 (http://www.thejewishweek.com/special_sections/text_context/converts_contribution). 206 See note 202.

When does a JBB accept all of the mitzvot?

no JBB ,אזרח An important gap between the native born Jew and the convert is that no .acceptance of the mitzvot. One could say, like R ,קבלת מצוות currently does a formal Samson of Sens, that this refers to the acceptance of Torah at Sinai, and that native-born Jews inherit that acceptance. One could argue that all Jews were at Sinai and accepted the mitzvot then; this has the advantage of a structural parallel to the Biblical verse: we love the ger who experiences being a stranger as we did in Egypt, and we accept the ger who accepts the mitzvot as we did at Sinai.207 From this perspective, conversion is a reenactment of the Sinai experience. On the other hand, tradition reads Deuteronomy as including future converts who also “stood” at (ולא אתכם לבדכם אנכי כרת ...) 29:13-14 Sinai. If converts already stood at Sinai, then a re-enactment would seem superfluous (cf. Tosefta Sotah 7:5208, Bavli Shevuot 39a). The crucial point is that the Jew by birth has an assumption that s/he is “in” with or seems to be part of what is קבלת מצוות whereas some kind of ,קבלת מצוות without required for the convert. So if the experience of the JBC is not analogous to that of the JBB, why does the Sifra claim that it is? One explanation is that although the native Jew does not have to accept the mitzvot, the Sifra assumes that adherence to all of the mitzvot is a sign of authentic Jewishness. Such a claim would distinguish converts from non-Jews who had adopted some aspects of Judaism.209 Even native-born Jews would see such a claim (and the commitment of the convert) as a normative demand on all Jews.

The convert must accept the whole of the Torah חוץ מדבר אחד

The Sifra now quotes a passage from Tosefta Demai 2:5 which rejects a convert who does not accept all of the Torah, or according to R. Yossi bR. Yehudah, who does not accept even one aspect of rabbinic law. This maximal claim seems to stand in stark contrast with the preparation for conversion described in Yebamot. If, as the gemara in מקצת מצוות קלות ומקצת ) Yebamot says, the convert has only learned representative laws then the claim that the convert must accept all of the mitzvot is not the ,(מצוות חמורות

207 The Mekhilta explicitly rejects the analogy of the ger being based solely on the experience of Egypt: מכילתא דרבי ישמעאל בא - מסכתא דפסחא פרשה טו תורה אחת יהיה לאזרח. למה נאמר והלא כבר נאמר והיה כאזרח הארץ ומה ת"ל תורה אחת יהיה לאזרח? לפי שהוא אומר וכי יגור אתך גר ועשה פסח אין לי אלא פסח שהשוה בו את הגר לאזרח שאר כל מצות שבתורה מנין ת"ל תורה אחת יהיה לאזרח ולגר בא הכתוב והשוה את הגר לאזרח בכל מצות שבתורה. One Torah will there be for the citizen [and the ger]. Why is this said? Is it not already said, “and he will be like a citizen of the land”? So why does Scripture say “One Torah there will be for the citizen”? Since it says “when a ger lives with you and makes a Pesach” I might say that I only compare the citizen and the ger with respect to the pesach, so what is the basis for all of the rest of the mitzvot in the Torah? Scripture says, “One Torah will there be for the citizen and for the ger”; Scripture came and compared the ger and the citizen for all of the mitzvot of the Torah. 208 Note Tosefta Sotah 7:5 מניין לדורות הבאים אחריכם ולגרים שנתוספו עליכם שנ' ולא אתכם לבדכם אלא ואת אשר איננו פה עמנו היום How do we know [from the Torah that any oath] by later generations and converts who will be added to you [must be made without internal mental reservations]? As it says, "not with you alone" but also "with those who are not here today." (Deuteronomy 23:13, 14) 209 Egs. Godfearers (above, p. 44) or Christians who revered the Bible and adopted certain aspects of Judaism.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Conversion and Covenant: Overview Jews, by Choice page 170 same as saying that the convert must correctly or consistently observe all of the mitzvot. If he has not learned them all, he cannot be held liable for failure to observe. On the other hand, since he has not yet learned all of the mitzvot, there would be far less room for rejection of the law; one cannot reject what one does not know. Alternatively, we do not have to read the two texts in tandem. Perhaps this text assumes that the convert has indeed had a thorough preparation and the claim that he must accept upon himself all of the mitzvot (including Rabbinic law) is based on that kind of thorough and comprehensive preparation. Although that level of preparation seems common in contemporary Orthodox circles, it is apparently not common historically. Certainly later authorities expand what the convert must learn, but they also repeat that preparation is not exhaustive. Does this text assume that he knows everything, or that he simply does not reject something that he does happen to know about? Nowadays, however, popular guidebooks and websites describe the full range of halakhah, and anyone who has expressed interest in conversion probably knows a great deal about what halakhah demands (not to mention what is known from popular culture). With such widespread knowledge, and in an environment with diverse Jewish practices, it is far more likely that a convert could convert intending not to observe some aspect of halakhah, or without the intention to observe all of the halakhah. Students will hopefully contrast this text with the story of the potential convert who comes before Shammai and Hillel and who accepts the written Torah and not the oral Torah (Shabbat 31a, above p. 67 and p. 77 and note 221, p.178, below). In that text, Hillel converts him right away and only later teaches the convert to accept the authority of rabbinic Torah. How do the students understand the relationship between this law in Tosefta Demai and the story of Hillel? If the students assume that the story is historical (or reflects the circumstances of the late Second Temple period), then why might there be a law like this? If, on the other hand, the story of Hillel is not assumed to be historical and is later than the Tosefta (and indeed, it shows signs of late editing), then how might one understand the telling of a story like this? What does it mean for rabbinic literature when aggadic sources speak with a different voice than halakhic ones? Of course, for the Rishonim and later rabbinic authorities, the story of Hillel is not “aggadah”; it is a precedent.

the suspicion of the backsliding convert, Tosefta Demai 2:4 :נחשד על דבר אחד

This text is from Tosefta Demai 2:4, and immediately precedes the halakhah quoted in the Sifra. תוספתא מסכת דמאי )ליברמן( פרק ב הלכה ד

1 גר שקבל עליו כל דברי התורה קבל עליו= ונחשד על דבר אחד אפילו על כל התורה כולה נחשד על=suspected concerning הרי הוא כישראל משומד

Tosefta Demai 2:4

1 A convert who accepted upon himself all matters of the Torah 2 but is suspected concerning one matter or even concerning the entire Torah, 3 behold, he is like an apostate Jew. The issue of non-observance of halakhah by converts deserves some historical appreciation. Were Jews in Tannaitic times more uniformly observant than they are now? What does it mean that the convert who fails to observe mitzvot is still seen as part of the community (albeit as an apostate)? Although the convert may not .חוץ מדבר אחד This passage complements the claim of as a precondition for conversion, it is not assumed that the הלכה reject any portion of convert is perfect in his/her observance. Students may see this as paradoxical, or they may read this cynically—all the convert has to do is say he’s going to be observant, but then afterwards, if he doesn’t observe, he remains part of the Jewish people. Do the students believe this happens? 210 If so, what is its effect on the conversion process, on the convert, and on the members of the Bet Din? How might a process of interviewing the conversion candidate be designed so that this does not happen? suspected. Is that term meant to include ,נחשד Of course, the language in the Tosefta is only unverified rumors concerning the convert’s behavior? If so, what is one supposed to do if one knows for sure that the convert is not observing an aspect of Jewish law or This is a possible reading, but the conclusion of the halakhah argues ?אפילו כל התורה כולה against it. Is one considered an apostate just for suspicions? And if one were considered an apostate on the basis of suspicions, then for verified violations, is one’s conversion revoked? That is exceedingly unlikely.211 The anonymous comment in the Bavli argues the ,הרי הוא כישראל לכל דבריו against this (Yebamot 47b). When the baraita claims what does it mean that he“ ,למאי הלכתא? דאי הדר ביה...ישראל מומר קרינא ביה :gemara asks is like an Israelite in every respect? That if he returns (reneges?)…I call him a Jewish heretic.” Students should be able to assess the validity of one reading or the other. Students should be realistic and discuss the issue of the backsliding convert. Are converts means)? Do they keep them? What קבלת מצוות asked to make commitments (is that what pressures might interfere with maintaining those commitments? What might be done to help the converts stay committed? The next step, of course, is to think about how these concerns about converts compare with the commitments of Jews by birth. Are the requirements for converts the same as what is expected of the community as a whole? What happens (or doesn't happen) to JBBs who don't observe those norms? Can a community be said to affirm certain norms when its members observe those norms in different ways or don't observe them?

210 In contemporary Israel, this situation is especially common when dealing with adopted children who need conversion. In order to effect the conversion, Israeli officials require the parents to promise that the child will be raised in an observant home. Parents in Israel must attest to their level of observance or forfeit their adoption. The charge of insincere kabbalat mitzvot is also raised in response to the conversions performed by the Institute for Jewish Studies – the Joint Conversion Institute and through the Israeli Army under Rav Druckman. 211 There have been annulments of conversions, but until very recently, this has not been on the basis of non-fulfillment of the mitzvot.

Norms and Mitzvot

The sociological term "norm" means "the rules that a group uses for appropriate and inappropriate values, beliefs, attitudes and behaviors. These rules may be explicit or implicit. Failure to follow the rules can result in severe punishments, including exclusion from the group."212 From the perspective of this definition, mitzvot could be seen as a subset of Jewish norms (along with customary behavior and expected—but not obligatory—beliefs and affiliations). Norm can mean "normal", i.e., what is expected, but it does not only mean typical. The claim that something is a norm includes the assumption that it is right and proper. In a Jewish context, sociologist Steven M. Cohen distinguishes between a normative approach and an aesthetic approach: A normative approach assumes that being Jewishly involved is both good and right. Moreover, Jewish norms, although often in conflict, in effect declare that certain ways of being Jewish are better than others. Such norms can derive from God, parents, nostalgia, tradition, halakhah, and/or belonging to the Jewish people. An aesthetic approach, in contrast, is less judgmental and directive. It sees being Jewish as a matter of beauty and culture, as a resource for meaning rather than as an ethical or moral imperative.213 Cohen's comment, however, takes a major step past the tradition. To treat halakhah and mitzvot as "norms" generally associates the authority claim for mitzvot with the Jewish community (although he acknowledges that norms can derive from God). The term mitzvah, on the other hand, bears the traditional sense of a commanding God. Cohen is certainly correct that sociologically, that is not how many Jews understand the concept of mitzvah. For many, a commitment to Jewish behaviors (and in this, the distinction between halakhah and minhag are irrelevant) does derive from parents, history, tradition, etc. Since Jews, by Choice is a course in rabbinic literature, it is important to use clear terminology when looking at these texts, as the texts themselves refer to different kinds of authority (eg. divrei Torah vs. divrei soferim). As a course in Jewish identity definition, however, the term "norms" may be more appropriate, especially since contemporary Jewish identity is frequently tied to all kinds of dispositions that may be entirely independent of halakhah and tradition. In this unit, it is especially important to move beyond a conception of Jewish aesthetics to a stronger claim of Jewish commitments and norms. Students may indeed decide ultimately that their Jewish identities are tied to their use of Jewish culture as a resource for meaning as opposed to a set of specific commitments. But this unit depends heavily on considering what it means to treat the concept of mitzvah as a norm and a commitment. Students should confront the question of what is at stake if a standard of "adopting a Jewish aesthetic" is used in place of "accepting Jewish commitments", either for the JBC or the JBB.

212 Cf. "Social Norms" at http://changingminds.org/explanations/theories/social_norms.htm 213 "Changes in American Jewish Identities Since 1948: From Norms to Aesthetics", November 24, 2009 by eJewish Philanthropy at http://ejewishphilanthropy.com/changes-in-american-jewish-identities-since- 1948-from-norms-to-aesthetics/. This derives from his work with Arnold Eisen, The Jew Within.

Integrating and/or assimilating the convert

Is conversion a process of assimilation or a process of integration?214 The model of the convert as newborn is a model of assimilation. The convert is not seen as contributing anything of substance to the society (positively or negatively), and like a newborn, becomes socialized into the norms of the society. A rabbi who performs conversions told me that his “goal is to make it possible for the ger to fit in, to conform.” Consequently, he designs an education process that is more traditional than his own personal perspective so it will be easier for the convert to “be like other Jews”, or, in other words, to assimilate into the rabbi's vision of Jewish society. In a community where actual observance of mitzvot is not uniform, however, what does it mean to educate the “Jew-in-training” to conform. Does a Conservative rabbi teach the convert to disregard the laws of family purity so the convert fits in with the practice of the majority of congregants?215 That is, if the model is assimilation, who defines the absorbing culture? Integration, however, implies that the convert retains some identifiable characteristics, at least initially. Unlike the language of the newborn, Tosefta Demai and Yebamot 47b note that the convert is "like Israel" but is not exactly Israel. That is why both Tosefta Demai and Yebamot 47b (see the discussion above, p. 94) refer to the ongoing fear that the convert will retain some of his past and perhaps return to his former ways (a newborn has no former ways). Unlike rebirth, conversion defined by acceptance of the mitzvot recognizes that it takes time until the convert becomes fully and indistinguishably part of Israel. In a diverse (and fractured?) Jewish society where there is no uniformity of observance, it is not obvious how the convert assimilates to a community norm. Perhaps too simple a way to understand this is that the convert is initially integrated and then slowly assimilated into the Jewish community216. Certainly, this trajectory describes the experience of some converts. This model of assimilation, however, ignores the potential contributions that converts can bring to the Jewish people. If the model for conversion is integration, to what extent will the Jewish community move in order to integrate the convert? Does a more diverse Jewish community allow the convert to preserve more of his past?217

214 Compare the discussion of Hellenistic Judaism as represented by Josephus (above, p. 41). Hellenism was not simply the assimilation of Jewish culture into Greek culture but a complex integration of cultures in which Judaism (and other local cultures) influenced the dominant Hellenistic society. 215 Recall Ben’s mashal from the beginning of this curricular guide: “A young boy was moving to a new school. The principal sat with him and explained the rules of the school to him for three hours. When he agreed to follow all the rules, the principal sent him to his classroom. On the way to class, he met a little girl who said to him, ‘If you will steal some candy from the cafeteria for me, I will be your friend.’ So the boy stole the candy.” 216 Extending the Netziv's interpretation of Rav Chelbo's metaphor (above, p. 91), the convert is like a scab which is protected and then eventually merges with the skin. 217 Cf. Julius Lester (Lovesong, passim) who describes the role of his interaction with black culture in his own conversion experience, and Charlotte Elisheva Fonrobert, ("Reflections on the Ethics of Criticizing Israeli Politics from aa Distance", Nashim: A Journal of Jewish Women's Studies and Gender Issues [2003], pp. 9-13) who describes the how she has reframed her political attitudes towards Israel since her conversion.

One response is to create a culture in which all Jews see a gap between their subjective Jewish identities and their optative Jewish identities (above, p. 50). In other words, if then the community can hold halakhah to be a norm ,דרך Jews see themselves on a path, a while acknowledging that not everyone has yet arrived at that norm. This approach can also work in a pluralistic community where the optative identity for all Jews (including converts) is not necessarily halakhic observance but rather greater engagement with one's Jewish identity or a more complete expression of Jewish values.

2. Culture is a filter for experience...... p. 15

4. Multivocality in a tradition expresses unresolved cultural tensions...... p. 33

8. Jewish texts mediate between rabbinic ideals and Jewish realities...... p. 72

11. The Jew-by-choice provides a model for Jewish identity...... p. 99

The kinship model (unit #7) and the covenant model for conversion reflect the conceptions of Judaism as a people and a religion. The different Jewish cultural experiences of Jews in the diaspora and Jews in Israel may filter their understandings of the kinship and the covenant models for conversion. Furthermore, one's cultural assumptions about what is "normative" in Judaism will filter how one relates to the demand that the convert accept the entirety of the covenant. The discussion of what constitutes qabbalah (or qabbalat mitzvot) is related to the ambiguity of the term; the ambiguity arises because of how the reader chooses to read texts in unison or as different voices within the tradition. As an ideal, the rabbis present the convert as accepting all of the halakhah, but yet they acknowledge their own anxieties about converts "returning" to their former ways (which may be a way of expressing concern that the conversion itself was "incomplete"). Rabbis also negotiate between the norms they value and the reality of the community's (varying) adherence to those norms, and in that way, these texts about the convert serve as models for the Jewish people. This unit also introduces these new enduring understandings: 15. Jewish communities are defined by their norms.

16. Diversity in a community can be a marker of strength or weakness.

Communal norms The claim that accepting of mitzvot is essential to conversion seems intuitively obvious to a Jew who is observant of mitzvot. When the rabbis, as gatekeepers in the context of conversion, assert that certain specific mitzvot are considered absolutely necessary for the convert, they are making a claim about what it means to be part of a Jewish community. And although the standard laid out by Tosefta Demai might be seen as a comprehensive and total commitment to the halakhah, all groups of Jews have, in different ways, laid out their bottom line assumptions about which practices are considered basic and essential. At the same time, modern Jewish movements have adopted norms that extend beyond traditional halakhah like Zionism, commitment to particular religious institutions (like Orthodox day schools), egalitarianism, environmentalism, and socialism. These extra- halakhic values and the norms that embody them serve to articulate a Jewish community's

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Conversion and Covenant: Overview Jews, by Choice page 176 communal identity in ways that are similar to if not identical to the ways in which halakhah has defined Jewish community. Denominational differences in Judaism emerge both from divergent stances on norms within and without the realm of halakhah.218 Diversity and community A community which does not adhere to a single set of norms may reflect the weakness of the community or its leadership. In a community where leaders (or members) articulate clear norms, non-adherence to those norms indicates either that the members of the community place greater value on other behaviors, or that the leaders are out of touch with the community. Many contemporary communities, however, do not have a clearly articulated set of norms. In such cases, the absence of norms may reflect the discretion of the leadership; why prohibit something if no one will observe the prohibition?219 On the other hand, a pluralistic, inclusive community may appear fragmented, but may indeed be stronger in that individuals agree to be part of a community that may not align with their personal expressions of identity. The strength of such a community comes from a commitment to energetic engagement with its diversity.220 Both conformity and inclusiveness are hard to maintain, and both kinds of communities require significant strength to maintain. At the same time,

Essential Questions How close is the analogy between Jews by choice, and Jews who choose the shape of their Jewish practice? Can someone live a Jewish life without a commitment to any particularly Jewish behaviors?

218 Consider the role of sermons in the vernacular as well as the tereifah banquet in defining the boundaries of the early Reform movement. Cf. Sussman, Lance J. "The Myth of the Tereifah Banquet" American Jewish Archives Journal, 2005. < http://americanjewisharchives.org/journal/PDF/2005pp29- 52%20Myth%20of%20Trefa.pdf > we do not declare a ,אין גוזרין גזרה על הציבור אלא אם כן רב הציבור יכולין לעמד בה Cf. Bava Batra 60b 219 decree on the community unless the majority of the community can bear it. 220 Eck, Diana L. "What Is Pluralism?" The Pluralism Project at Harvard University. Web. 24 March 2011. . Eck's description of pluralism includes 1) energetic engagement with diversity, 2) active seeking of understanding along lines of difference, 3) encounter of commitments, and 4) dialogue.

Potential Learning Objectives Conversion and Covenant Cognitive Process Dimension Knowledge Dimension Particular content 1.0 Remembering 2.0 Understanding 3.0 Applying 4.0 Analyzing 5.0 Evaluating 6.0 Creating 2.7 Explaining 4.1 Differentiating different possible between understandings of the 5.3 Choosing from 6.1 Generating קיבל Recognizing the meanings of 1.1 between among various models of different scenarios ,קיבל עליו and based on dictionary term קיבל עליו phrase קבלת מצוות for what קבלת מצוות Factual: associating it with definitions and other the term "norm" and what might/should entail looks like .מצוה the Yeb 47b uses קבלת מצוות linguistic 1.4 Describing the difference between דברי and דברי תורה :Factual סופרים דברי סופרים terminology 4.1 Differentiating 6.0 Creating a 1.1 Describing use between the Sifra and 5.6 Weighing the value ceremony for a as an the metaphor of of holding JBC's to a JBB's qabbalat כאזרח Conceptual: of imperfect simile convert as newborn different standard mitzvot כגר כאזרח analogies 5.6 Weighing the 2.7 Explaining the 4.1 Differentiating difference between relationship between between conforming inclusiveness and Conceptual: Community and norms and communities and conformity in a structures norms communities inclusive communities community 3.0 Applying rules 6.5 Formulating 1.0 Remembering concerning the 5.6 Weighing whether responsum to a bYeb47b about a conversion process to the lack of Jewish classical case about Permanence of non-observant a case of apparent acknowledgement of a slave who Conceptual: Jewish convert remaining "impermanent conversion out reflects stopped observing conversion" real concerns Jewish law ישראל מומר principles conversion/identity Jewish 3.2 Implementing 4.1 Differentiating database search tools between the meaning מיכן Identifying 1.5 as a source to identify the Sifra's of the layers of the אמרו Procedural: Layers of skills interpretation citation formula use of the Tosefta Sifra 5.6 Weighing communal 1.2 Recalling that a concerns in cases of convert who stops conversion where Metacognitive: Authenticity in observing is still commitment is self-knowledge conversion considered Jewish questionable 6.5 Formulating 5.3 Choosing a position arguments to 2.2 Exemplifying on the relationship of defend one's stance Metacognitive: Obligation to Jewish personal Jewish Jewish behavior to towards norms of commitment behaviors commitments 4.1 Differentiating Jewish identity Jewish behavior

Teaching ideas: the covenant model These materials work well with a “punctuated chevrutah study”; students analyze the text and are guided by the questions in the coursepack, with very brief interruptions designed to push the student to assess the text with greater nuance and complexity. The Biblical passage should be somewhat familiar; it was one of the ten basic Biblical texts on the Biblical ger that were studied earlier (page 35).

Sifra Qedoshim 5:3

The primary educational moments in studying this text come from two juxtapositions. The first occurs when the student recognizes the gap in the analogy between the convert’s i.e., the JBB does not have to affirm or ,קבלת מצוות with the Israelite citizen’s קבלת מצוות like a citizen" is" ,כאזרח in כ make a commitment to mitzvot. As noted above, the letter an important key to understanding that the analogy creates certain legal and social assumptions, but at the same time, the analogy is seen as a fiction. The use of kinship language described in the previous unit tries to cover over the fiction, but rabbinic texts of this period still understand that seeing the convert as ethnically Israel requires imagination on the part of both the Jewish community and the convert. The second occurs when the claim that conversion requires commitment to all of the mitzvot is contrasted with the recognition that according to this text, the convert’s status as a Jew is not subject to annulment even should he not observe all of the mitzvot. The issue in general should recall the case of the first of the three converts who came to Hillel (Bavli Shabbat 31a) and asked to convert based on the Torah shebikhtav and not the Torah she'b'al Peh (above, page 67)221. Layers of interpretation The text from the Sifra has three layers: The Biblical verse from Leviticus, Tosefta Demai 2:5, and the Sifra's connection of its interpretation of the verse with the Tosefta. Although one can teach this text as a whole, identifying the different layers can help the students distinguish different stages in the emerging conception of how the Israelite sees his own national experience represented in the experience of the convert through the acceptance of mitzvot. In order to understand this, students must recognize the different layers of the Sifra text. Leviticus 19:33-35 bases the responsibility of the Israelite to protect the ger from oppression (and to extend love to the ger) on identifying the ger's experience of being a stranger in Israel with Israel's own experience as strangers in Egypt.. The Tosefta, independent of this verse, makes the claim that unconditional acceptance of the entire Torah (and the Torah she'b'al Peh according to R. Yossi bR. Yehudah) is crucial to the process of conversion.

which says that Shammai rejected him because the convert ,הוציאו בנזיפה Note Rashi on this story, on 221 because Hillel ,חוץ מדבר אחד Rashi says that Hillel said it wasn't ,גייריה On .חוץ מדבר אחד would violate was 1) sure that the convert would ultimately rely on him (Hillel) and that 2) the convert wasn't rejecting Torah she'b'al Peh but only (?!!) was rejecting that it was from God.

The Sifra then222 combines the Tosefta's idea of the importance of accepting the mitzvot with the analogy of the experience of the convert with that of the Israelite, but instead of connecting with the experience in Egypt, the Sifra imagines that the convert accepts the mitzvot in the same way as Israel does. Learning to identify these layers in the Sifra Qedoshim is an activity which is accessible and valuable. The text of the Sifra should be presented either as it appears above or in a different כאזרח without the source citation of Tosefta Demai. Presenting the word font (and with vowels) should alert the students that they text is citing a verse. The verse can be supplied by the teacher, or students can do a word-search using a concordance or Identifying .כאזרח preferably an online tool.223 Students will find four uses of the word which verse is the source verse for this passage may be obvious because only one of the uses is in Parashat Qedoshim. The teacher may want to allow the students to reflect on the other uses and whether this text could have been attached to any of the other verses.224 If the source-citation of Tosefta Demai is left out, students should be asked to identify The most .(מכאן is the same as מיכן means (they may not realize that מיכן אמרו what tell us about מיכן אמרו productive way to explore this is by asking "What does the phrase the relationship between what precedes it and what follows it?" They should eventually realize that the Sifra is claiming that this verse is the basis for this other tradition, but that the other tradition is known independently. The students can also do a search for this text from the Tosefta (or if a projector is in use, can direct the teacher to do the search). If one uses an online tool like Jewgle.org or the Sifrei Kodesh Search add-on for Firefox, one will find the references from Mechon Mamre.225 Searching using a tool like the Bar-Ilan Responsa database allows for alternate spellings:226

222 Although the Sifra ostensibly makes the claim that its interpretation of Leviticus 19 is the basis for the from here they said), it seems that this formula in the midreshei ,מיכן אמרו) statement of the Tosefta halakhah indicates an asmakhta, an "after-the-fact" support. will provide enough results to require some כאזרח In this particular case, an electronic search for 223 in a concordance. I have a preference for the use of אזרח thinking, but not as many results as looking up electronic tools. Students who learn to use electronic tools in their Torah learning in school will come to think of it as normal and authentic. Since they will always have access to online tools even when they don't have access to books, teaching them to use the best online tools can be a lifetime learning skill. Online tools for Jewish study are indexed in a searchable, filterable database at http://tinyurl.com/ganntools. 224 As it does indeed appear in the Mekhilta d'RSbI. See above, note 202, p. 163. 225 Either of these will do a Google search of Mechon Mamre's database, but clicking on the result will open the whole tractate, so one has to make note of the specific citation. Jewgle doesn't require a separate to the תוספתא installation of a browser add-on, but in order to search the Tosefta, one has to add the word search. There is, however, no online searchable modern text of the midreshei halakhah currently available. 226 It also illustrates 1) that they may have to account for differences in orthography when searching, and 2) that online search tools are not necessarily as powerful or as complete as specialized tools.

This search will retrieve both the Sifra and Tosefta Demai 2:5.227 Once the students can identify the different layers of text and interpretation, the best way to re-engage the text is by allowing students to explore what they think the TaNaKh and how the rabbis of the Sifra chose to understand that ,כאזרח in כ meant by using the analogy. As described above (p. 168 and note 207), the legal analogy of the ger with the Israelite citizen and of the convert with the Jew is in some ways a legal fiction. The fiction, however, is complicated because although it is assumed that the Jew is responsible to fulfill the mitzvot, the Jew-by-birth never clearly accepts the mitzvot in the same way that the Jew-by-choice does. If the students do not ask the question themselves, the teacher should ask them explicitly when it is that a Jew accepts the mitzvot. Allow them the opportunity to raise various suggestions. Possible answers might include the classical suggestion that this happened at Sinai, or they might suggest Bar or Bat Mitzvah. The following ideas can become the topics for class discussion or other kinds of classroom activities.

(Pair-share-assess) ?קבלת מצות What is

carefully. The first step אזרח and the גר Students should dissect the analogy between the accepts the mitzvot; many students will see גר is for the students to figure out when the and automatically assume that this text is filling in the gap of what the קיבל the word They are not likely to reflect .קיבל, מלין אותו מיד baraita in Yebamot meant when it said actually means. At this point, students should discuss in קבלת מצוות any more on what pairs what they think actually happens and write down their answers. Then, as a whole class, different possible suggestions should be shared and listed on the board. A further step might include trying to group or organize the various suggestions, eg. on a spectrum. :include but are not limited to קבלת מצוות Some possible ways of conceiving of • a response to a question—do you accept the mitzvot and their punishments • a commitment to some core mitzvot and a commitment to continue growing • a response to a question—are you going to observe all of the mitzvot • a freely-made affirmation—I accept the yoke of the Torah as taught by the rabbis • receiving additional information about the mitzvot • the absence of any particular rejection of a mitzvah • a demonstration that one is engaged in mitzvot • a commitment to mitzvah observance and living in an observant community • a commitment to mitzvot for oneself and for one’s children including (Orthodox) day school education

227 It will also retrieve the Mekhilta dRSbI which is almost identical to the Sifra, and more importantly, Tosefta Demai 2:4, which is discussed below.

Students should assess the full list of suggestions and distinguish between what they think the texts in Demai and in Yebamot actually meant, what they think later rabbis may .should be קבלת מצוות have said, and what they think it A next step could include establishing philologically the possible range of meanings for by introducing some of the Mishnaic sources quoted by Zohar and Sagi קיבל the word (see above, note 201, p. 167).

קבלת מצוות Role play on

Students may try to role-play an interview at a conversion. This is even more useful if the students did a role-play for the initial interview of the convert (above, p. 104). What do they imagine actually happens when the bet din assembles and talks with the convert? This should be set up in a realistic manner with two or three members of a bet din and one convert. Although two members of a bet din isn't authentic, the role-play may be more engaging with a group of three than with four. The bet din should be constituted with students who have expressed different perspectives on the importance of mitzvot so that the conversation among the dayanim can be as rich as possible. If only two members of the bet din were used, the teacher should remind the class that a bet din would normally have three.

for Jews by birth קבלת מצוות Constructing/adapting a ceremony for

for Jews by birth, though, and it may קבלת מצוות It is possible to imagine a ceremony for be worth having students try to formulate what that ceremony should look like. 228 What are the advantages of actually making such an affirmation? Are there disadvantages? Should it include particular rituals? What are the advantages and disadvantages of not having such an affirmation? Could bar/bat mitzvah include such a ceremony? This could be done as a class discussion, or student groups could produce an “annotated poster” (like the old cartoon posters of the tourist to Israel) describing what the JBB has done to affirm The point behind doing this as a group would be to include different .קבלת מצוות his/her perspectives on what is necessary—different students might annotate the drawing with different color pens. מצוות The teacher can follow up this activity with a discussion of whether and how reflect a norm or an ideal for the Jewish community. In this context, it may be important הלכה which most modern Jews affirm in some way) and) מצוות to distinguish between (which is not necessarily affirmed as broadly). Again, one can assess whether having -as norms and as a clear mode of defining Jewish identity is something that native מצוות born Jews could learn from the experience of Jews-by-choice. Would a public by JBBs make it easier for a converts to integrate into Jewish מצוות commitment to culture and society? Would it have other benefits for Jewish society? How would it shape and influence Jewish identity?

228 In some congregations, the rabbi takes the opportunity of putting on a tallit for the first time as the occasion when the new adult takes on the mitzvot. The rabbi states, "By putting on the tallit, you symbolically take upon yourself all of the mitzvot which are represented by the tzitzit." Then putting the .the yoke of the commandments ,עול מצוות tallit over the shoulders becomes a symbolic act of accepting

Do Good Fences Make Good Communities

One of the enduring understandings of this unit is that diversity in a community can be a marker of strength or weakness. Communities that maintain universal conformity to halakhah may appear to be very strong, and communities that allow for diverse patterns of behavior may appear to be quite weak. Indeed, those appearances may be correct. Jewish texts, however, have raised awareness that a conforming community may be hiding significant weakness, and an inclusive community may be built on a very strong foundation. A classical example of this perception derives from the incident of the "spies" described in Numbers 13:18 and comments on it in the midrash (Rashi ad. loc. is similar).: במדבר פרק יג Numbers 13:18 םּורְאִיתֶ תאֶ הָ ָארֶ ץ מַ ה הִ וא וְאֶ ת הָעָ ם And see how the land is and the nation that הַ ביֹשֵּ עָ לֶיהָ הֶחָ זָקהּוא הֲרָ הפֶ הַמְ טעַ הּוא dwells on it: is it strong or weak, are they few אִ ם רָ ב: ?or many במדבר רבה )וילנא( פרשת שלח פרשה טז Numbers Rabbah Shelach 16 מנין אתם יודעין כחם אם במחנים הם How do we know their strength? If they are שרוין הם גבורים בוטחין על כחם אם dwelling in camps, they are mighty and they are במבצרים חלשים הם ולבם רך assured in their strength, but if they are in fortresses, they are weak and their hearts are soft. Similarly, one of the accomplishments of the Tannaim was to create a culture which did not impose intellectual conformity. In the Mishnah, sages are identified not when they conform to the majority opinion but rather are known for their dissents. The degree to which the Tannaim tolerated diverse behavior is a matter of dispute.229 Syrian Jews in Brooklyn appear to be an incredibly strong community with well- developed social supports. The "S-Y" community enforces a high degree of uniformity, including a total ban on conversion which is seen as just a way to get around the prohibition of intermarriage. At the same time, this community still loses significant numbers of people who don't want to abide by its strictures. Is a community which has to enforce a ban of excommunication on those who chose not to follow its norms a strong community? The excommunications work and its norms are generally observed, but at what cost?

Class debate (deBate Midrash)

Debate Midrash originated at Gann Academy and it follows a parliamentary model. A resolution is written on the board. Opposing "sides" are at the sides of the moderator, and undecided participants sit opposite the moderator. Students may choose to speak in the affirmative or negative, and must sit on the appropriate side. They may move sides. The

229 Even inclusive communities must define their borders. The excommunication of a dissident like Eliezer ben Hyrkanus (Bava Metzia 59b) may be seen as a necessary tragedy.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Conversion and Covenant: Teaching Ideas Jews, by Choice page 183 moderator selects people to speak, alternating from side to side. If too many people are on one side, the moderator can modify the question on the board. One way to increase active participation is to require all students to fill out parts of a questionnaire before, during, and after the debate. An example is included below. Resolved: A Jew who does not feel a commitment to particularly Jewish behaviors should not be considered part of the Jewish people. This resolution is powerful but also vague enough to allow for a wide range of clarifications and dispute. A great deal of the learning in debate comes from clarifying the resolution. In this case, unresolved issues include: • Does the term “feel commitment” include or require action? • Do “particularly Jewish behaviors” mean individual mitzvot, the entirety of halakhah, and/or behaviors which have been affirmed by Jewish communities as part of “Tikkun Olam”? • Who decides what kinds of behaviors count? • Who decides if a person is adequately committed? • Is Jewish status revocable? • Does “not…part of the Jewish people” diminish responsibility towards people who fail to be counted? Do they become like non-Jews? At any point, the moderator can modify the resolution, noting changes on the board. Sample DeBate Midrash Participant Survey Name______Agree Disagree Pre-debate: A Jew who does not feel a commitment to particularly Jewish behaviors should not be 5 4 3 2 1 considered part of the Jewish people. A Jewish community has the right to 5 4 3 2 1 Note strong arguments made in the debate, rate your response, and note supports or contrary arguments. 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 After the debate, copy the resolution (as emended): 5 4 3 2 1

230 A Jew may decide to become "not-Jewish". 5 4 3 2 1 An alternative Debate Midrash Resolved: A Jew who violates certain norms should not be considered Jewish. This resolution directly rejects the claim of irrevocability for the convert. The students are not meant to sit in judgment on the halakhic statement as such, but are meant to

230 This statement does not have to be included initially, and is best if it is drawn from the language used in the debate. The example here is one that emerged from class debate.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Conversion and Covenant: Teaching Ideas Jews, by Choice page 184 explore what it means to say that normative behavior defines Jewishness. At some point, the moderator may find it useful to change the resolution to: A Jew who violates certain norms cannot be a member of our school's Jewish community. In this case, the unresolved issues which the students will clarify include: • Does this apply equally to JBBs and JBCs? • Which norms? Does the context of violation matter? • Who decides which norms? • What constitutes violation? Do frequency, intent, and seriousness matter? • Is violation as serious as rejecting the authority of the norm? • Does the community have a right to enforce norms at all? • Is “exclusion from a community” an enforcement mechanism or a consequence? • What are the implications of not being considered Jewish? Of not being considered a member of a Jewish community?

Assessment The activities above include products which might be used for assessment.

Unseen text with responsum simulation

This unit may be assessed, as in many previous units, with 1) an analysis of an unseen text; this particular exercise combines that analysis with 2) a simulation exercise in which the student also acts as a poseq and 3) a values testing writing assignment. Students are provided with the question from a Geonic responsum and then, with their notes, they are asked to 1) translate and analyze the question, and 2) respond to the question on their own. Students hand their response in, receive a copy of the actual responsum, and then 3) are asked to respond to the additional questions which ask the student to reflect on the larger questions of commitment to normative behavior. Part 3 can be homework. Sample instructions A geonic responsum deals with the question of a slave who had been converted and then sold. Please translate the question and then respond to the question based on the texts that Remember to cite your sources. After you .רב פוסק/ת you have seen as if you were a hand your responsum in, you will be given the actual responsum (with a translation) and several questions for reflection. The actual responsum is “legally correct”, but your teshuvah may appropriately respond to issues not addressed by the original respondent. :must רב פוסק/ת are three. The רב פוסק/ת Remember: your responsibilities as a • re-engage the relevant primary texts and explain how they shape your response • ask him/herself whether your answer can be received by the parties involved

• ask him/herself if this is what God really wants.231

231 This formulation of what is needed for legitimate halakhic decision making is my own. The teacher should feel free to use his/her own theory of pesaq, but students should have some overarching conception ”.valid beyond a simple “respond based on the texts you have seen פסק of what makes

תשובות הגאונים שערי צדק חלק ג שער ו סי' ג

1 וששאלתם: עבד שמלו רבו והטיף ממנו דם ברית רבו=his master גיותו=-the state of being a non וחזר לגיותו ומכרו Jew ולאחר מכן חזר ישראל ולקחו, מכרו=sold him לקחו=purchased his services צריך להטיף ממנו דם ברית פעם שנייה, דילמא=perhaps 5 או דילמא בטבילה סגי ליה. סגי ליה=adequate for him You asked: A slave whose master circumcised him and removed a drop of covenantal blood 2 but who then returned to being a gentile, and [the master] sold him, 3 and afterwards, another Jew purchased him: 4 Does [the new master] have to remove a drop of covenantal blood from him a second time, 5 or perhaps is immersion adequate for him? After writing a response based on sources, the student hands the responsum in and then receives the original response. 6 כך ראינו:

שכיון שמלו והטבילו לשום עבדות של ישראל פעם ראשונה הכניסו תחת השכינה לקבל שבת ועול מצות. הכניסו=he brought him

ואעפ"י שחזר לגיותו אינו חוזר לערלתו ראשונה, 10 אלא דומה לישראל משומד שכל ישראל שנשתמד כיון שחזר בתשובה אינו צריך טבילה, שנשתמד=who apostatized וכל שכן מילה. כך עבד זה ... הרי הוא כישראל משומד שחזר בתשובה. 6 Thus we have seen: 7 When he circumcised and immersed him for the sake of being a servant of a Jew the first time, 8 he brought him under God’s presence to observe Shabbat and the yoke of the commandments .9 And even though he returned to his gentile ways, he does not return to his original “uncircumcision”, 10 but rather, he is like an apostate Jew, 11 for any Jew who commits apostasy but returns in repentance does not need immersion 12 and certainly not circumcision. 13 Similarly, this slave… is like an apostate Jew who has returned in repentance. Please answer the following two questions: and how do they relate to the ,ערלתו and גיותו A. How does the respondent use the terms kinship and the covenant models of membership in the Jewish people?232 B1. Considering the various needs and desires of the converted slave and of his master (especially as revealed by the question he asks), does this response seem adequate? What might you consider in addition?

232 See unit 6, The Rituals of Conversion: Circumcision and Immersion (optional), p. 107ff. on the use of .ערלה the term

If you addressed question B1 in your original teshuvah, answer this question instead: B2: How would you relate to someone who converted but then stopped living Jewishly? Would your perceptions be any different than they would be of a Jew who stopped living Jewishly? Explain.

Essay Topics

How might one interpret the symbolism of the rituals of circumcision and immersion in light of the kinship and covenant models, respectively? How do the various medieval explanations of R. Chelbo’s comment about scabs (p. 95) relate to the ideas of assimilation and integration? Consider adoption, marriage, immigration and language acquisition as metaphors for qabbalat) קבלת מצוות (conversion. Choose any two of those metaphors. What role does 1 mitzvot, accepting obligatory behaviors) and 2) subsequent mitzvah observance play in each of those two metaphors? Which metaphor do you think is the most useful in explaining the role of mitzvot to conversion? How might Jews in the diaspora and in Israel respond to the kinship and covenant models of conversion? What commitments do you have to the Jewish people (or to God) that might not fit within classical conceptions of the covenant? What commitments do you have to the covenant (broadly defined, if you want) that you don’t share with all of the members of your Jewish community? Why doesn't everyone share those commitments? How would you relate to someone who converted but then stopped living Jewishly? Would your perceptions of that convert be any different than they would be of a JBB who stopped living Jewishly? Explain Is a community where everyone feels pressure to observe Jewish law in the same way a stronger or weaker community than one where the form and the nature of the commitments to Jewish norms vary significantly? Explain

9. Midrash and Ambivalence about Conversion

Overview Students study several midrashic texts on two themes: 1) the Bible's repeated admonitions to take care of the ger and what that seems to mean, and 2) whether the convert can ever truly become integrated into the community of Israel. This latter theme is expressed most poignantly by associating the convert who has no (Jewish) ancestry with the kohen whose status is the only remaining aspect of Israelite tribalism. These texts continue the dialectic between Israel's welcoming attitude towards converts and its suspicion or ambivalence about them (see the discussion of "Verbal wronging", p. 137). A Commentary for Teachers: Midrash about conversion Midrash is a fascinating genre for many students. Midrash explicitly addresses the questions of meaning and purpose, but also presents itself in a form that is more akin to poetry than to systematic theology. The associative nature of the texts and the willingness to juxtapose conflicting viewpoints and to give voice to opinions that may reach beyond the envelope of halakhic discussions provides opportunities for students to express their own views, which may also reach beyond halakhic material. Midrash works with metaphoric language, and this unit is built on the student's exploration of the different metaphors and the different voices expressed in the texts. The primary midrashic texts are from and from the Mekhilta (third century), Numbers Rabbah (twelfth century?) and Exodus Rabbah (tenth or eleventh century). These three texts address, in a very deep and subtly provocative way, the question of the equality of the convert. Does Israel really embrace the convert? Why does God repeatedly urge Israel to be careful about the ger and to protect and love the ger? Numbers Rabbah 8:2 argues that God loves converts more than rabbis do. This is a fascinating way to express a subtle critique of Jewish particularism. Selections from Genesis and Exodus Rabbah (which can be studied in this unit or used as unseen texts for analysis) complicate this picture by indicating that the impetus for inclusion of converts came from our ancestors and from Moshe, and in the latter case, this was against God's wishes.

Mekhilta Mishpatim 18

This midrash is a response to the repeated Biblical command to love the ger and not to oppress the ger. What is at issue is the reason for this repeated command. In an expanded version of the baraita reported below, R. Eliezer reports (Bava Metzia 59b) that God warns Israel 36 times—and some say 46 times—to love the convert.233 Note Lamm (BAJ, p. 61), "God loves the convert. In the Bible, He instructs the Jews no fewer than thirty-six times to do likewise—with mixed success." Lamm suggests several reasons of

233 I have not seen this list enumerated, but if one understands the idea of "warning Israel" broadly, it is not רבי אליעזר הגדול אומר: מפני מה הזהירה תורה בשלשים וששה מקומות, .difficult to come up with a long list Tanhuma Vayiqra 2 claims there are 48 cases. Tosafot .ואמרי לה בארבעים וששה מקומות בגר - מפני שסורו רע. Qiddushin 70b (see, below) counts 24.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Midrashim on Conversion: Overview Jews, by Choice page 189 his own: overcoming the isolation of the convert, drawing on Israel's history as strangers in Egypt, or out of admiration. He does not quote the end of R. Eliezer's statement— Israel is warned to love the convert because he has a bad streak--although Lamm's comment that the command has met with "mixed success" may be an admission that there is some ambivalence about converts (EU17).

מכילתא דרבי ישמעאל משפטים - מס' דנזיקין משפטים פרשה יח ד"ה וגר לא

וְּגֵר לֹא תֹונֶּה וְּלֹא תִ לְּחָ צֶּנּו כִי גֵרִ ים הֱיִיתֶּ ם בְּאֶּרֶּ ץ תוננו=תונה אותו=oppress him מִ צְּרָ יִם )שמ' כב כ( בדברים= בממון= לא תוננו, בדברים, וְּלֹא תִ לְּחָ צֶּנּו, בממון, אמש= שלא תאמר לו: אמש היית עובד לבל, קורס, נבו, בל, קורס, נבו=pagan gods כנגדי=?!against me 5 והרי חזירים בין שיניך, ואתה מדבר מילין כנגדי!? הוניתו=(abuse him (verbally ומנין שאם הוניתו שהוא יכול להונך, להונך=(abuse you (verbally תלמוד לומר= תלמוד לומר כִי גֵרִ ים הֱיִיתֶּ ם, מכאן = חביב= מכאן היה רבי נתן אומר: מום שבך אל תאמר לחבירך מזהיר= חביבין הגרים שבכל מקום הוא מזהיר עליהם עליהם=concerning them

וְּגֵר לֹא תִ לְּחָ ץ )שמות כג ט( וְּגֵר לֹא תֹונֶּה )שמות כב כ( לפי שסיאורו רע= meaning 10 וַאֲהַבְּתֶּ ם אֶּ ת הַ גֵר )דב' י יט( וְּאַתֶּ ם יְּדַעְּתֶּ ם אֶּ ת נֶּפֶּ ׁש הַ גֵר unclear: because he has a bad streak? )שמ' כג ט( לפיכך= לכן רבי אליעזר אומר, גר לפי שסיאורו רע לפיכך מזהיר עליו הכתוב במקומות הרבה. 1. Do not wrong the convert (ger) or oppress him for you were strangers (gerim) in the land of Egypt (Exodus 22;20). 2. Do not wrong him with words, and don't oppress him with money. 3. So that you don't say to him: Last night you were worshipping Bel, Korus, Nevo 4. and behold, pigs are between your teeth, and you speak against me?! 5. And from where do we know that if you abuse him, he can abuse you?6. The Torah says, for you were strangers (gerim) 7. Beloved are converts because in every place, [God] warns about them. 8. Don't oppress the convert (Exodus 23:9), don't wrong the convert (Exodus 22:20). 9. Love the convert (Deuteronomy 10:19), you know the soul of the convert (Exodus 23:9). 10. R. Eliezer says, "Since the convert has a bad streak (bad origin?). 11. therefore Scripture warns about him in so many places." This midrash makes three rhetorical moves: 1) the Torah commands Jews not to oppress the ger because they were gerim in Egypt; 234 2) God loves gerim as is demonstrated by the many mitzvot which protect them; 3) R. Eliezer claims that this level of protection is because the ger has a bad streak (?) in him. ,שְ אֹר means. The Arukh associates it with סיאורו It is not clear exactly what the term leavening, as in Berakhot 17a, where R. Alexandri prays to God that "the leavening in the dough and the oppression of the government prevent [him] from acting according to

234 If one has already dealt with the command not to refer to the convert's past or ancestry (cf. Bava Metzia beloved are the converts. One salient ,חביבין הגרים ,58b, p. 132), one can begin study of this text with line 8 difference is that this text specifically associates the JBB with the ger.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Midrashim on Conversion: Overview Jews, by Choice page 190 God's will."235 If one thinks of leavening as a "starter", then R. Eliezer is referring to the convert's bad origins. Is R. Eliezer saying that Israel needs to be warned repeatedly because converts can't be trusted to behave well, and Israel might oppress them because of that? Is Israel warned because of their bias against them because of their origin? Is Israel warned because the convert is seen as particularly fragile because of his origin?236 This text (or the parallel baraita in Bava Metzia 59b) is frequently read in light of R. Chelbo's comment that converts are hard as scabs (p. 94). Note, for example, Tosafot Qiddushin 70b, s.v. Qashim gerim ויש מפרשים דקשין גרים לישראל כספחת לפי שהזהיר הקב"ה עליהם בכ"ד מקומות שלא להונות אותם ואי אפשר שלא יצערום And there are those who explain that converts are hard for Israel like scabs because God has warned [Israel] in 24 places not to oppress them, and it is impossible that [native Israelites] not cause them some sorrow The theme of the origins of the convert is a leitmotif in these midrashim which is striking considering the seriousness with which other texts forbid reminding the convert of his past (p. 138) or present the convert as a newborn (p. 139).

Numbers Rabbah 8:2: The convert lacks ancestry

Numbers 5:5-8 and conversion Numbers Rabbah 8 is a midrash edited in the geonic period, and it deals extensively with the convert. The reason for this is not obvious from a casual reading of the base text, Number 5. The association goes back to a Tannaitic reading of Numbers 5:5-8 which refers to a person who has no redeemer, that is, a relative who could stand in for financial matters should the person be unable to act himself or if the person was deceased. R. Yishmael asks pointedly who could possibly not have a redeemer since all Jews are related and concludes that the passage must be dealing with a convert.237 What is more, in the absence of a related redeemer, the Torah prescribes that a kohen stand in as the

235 Rashi quotes this Mekhilta in his commentary on Exodus 23:9, and Siftei Chachamim ad. loc. Explains leavening, that is, the Yetzer haRa (=evil inclination), that is to say, his Yetzer haRa is ,שאור the term “like strong and evil and it is easy for him to be seduced, and there are those who explain it as since he has ”.from the path, he will no longer return סר strayed 236 Note the discussion above of "Ambivalence about conversion", p. 101f. and note 121, p. 102 about Israeli attitudes towards immigrants from the FSU. וְאִ םאֵּ ין לָאִ יש גֹאֵּ ל לְהָשִ יב הָאָשָם אֵּ לָיו Rabbinic readings of Numbers 5:5-8 understand the text which states 237 ,if the person has no redeeming kin (go'el) to whom the thief can make restitution" ,הָאָשָ ם בהַמּושָ לַידֹוָד לַכֹהֵּ ן the restitution goes to God, to the kohen" 5:7 as referring to someone who has stolen from a ger, repents of the theft and wants to restore the property, but in the meantime, the ger has died. In this case, the kohen stands in as the redeemer for the ger and receives the restored property. Mishnah Bava Kamma 9:11 states 1 הַ גוֹזֵּלאֶ תהַ גֵּר וְנִשְ עבַ לוֹ, וָמֵּ ת, 2 הֲרֵּ י זֶהמְשַ לֵּם ןקֶרֶ שוְחֹמֶ לַכֹהֲנִים םוְאָשָ לַמִ זְבֵּחַ , 3 שֶ נֶאֱמַ ר וְּאִ םאֵ יןלָאִ יׁש גֹאֵ ללְּהָׁשִ יב הָאָׁשָ ם אֵלָ יו, )במ' ה ח( 1. One who robs a convert and [falsely] makes an oath [denying that he has the property], and [the convert then] dies, 2. he pays 120% to the kohen and an offering to the Temple altar, 3. as it says, "If the man has no redeemer to whom one can restore the guilt payment [it is restored to the kohanim]. R. Yishmael's comment appears in the Tannaitic midrash, the Sifrei Bemidbar, 4: ר' ישמעאל אומר וכי יש לך אדם בישראל שאין לו גואל?! ?Is there a person in Israel who has no redeemer

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Midrashim on Conversion: Overview Jews, by Choice page 191 convert's "relative." These two themes of the rabbinic reading of Numbers 5—the convert’s lack of family, and the association with the kohen—dominate the later midrash. Numbers Rabbah 8:2 The selection from Numbers Rabbah 8:2, consists of two mutually reinforcing claims of how God's love for converts derives from the fact that the convert has voluntarily joined Rather, it .גרים Israel. The first half of the midrash does not explicitly use the language of quotes Psalms 146:8, "God loves the righteous" and then proceeds to explain the righteous in terms that apply specifically to the convert. Interestingly, the midrash never God protects , יְדֹוָד רשֹמֵּ תאֶ גֵּרִ ים quotes the phrase that immediately follows in 146:9 gerim.238 במדבר רבה )וילנא( פרשה ח ב ד"ה איש או אשה

1 אִ יׁש אֹו אִשָ ה וגו' הה"ד יְּדֹוָד אֹהֵ ב צַדִיקִ ים )תהלים קמו ח( כך= וגו' אוהבי=those who love me כך אמר הקב"ה אני אוהבי אהב ואף=גם אינן= כִי מְּ כַבְּדַ י אֲכַבֵ ד )שמואל א ב ל( וכן הוא אומר נחלה= 5 הם אוהבים אותי ואף אני אוהב אותם משפחה= ולמה הקב"ה אוהב צדיקים? שאינן נחלה אינם משפחה את מוצא= בית אב הם= [they have an] את מוצא הכהנים בית אב הם, הלוים בית אב הם, ancestral house שנאמר בֵ ית אַהֲ רֹן בָרֲ כּו אֶּ ת יְּדֹוָד בֵ ית הַלֵוִי בָרֲ כּו אֶּ ת מבקש= איונו יכול= יְּדֹוָד )תה' קלה יט(

10 אם מבקש אדם להיות כהן, אינו יכול. להיות לוי, אינו יכול אפילו= לכך=[for this [reason למה? שלא היה אביו לא כהן ולא לוי לא נאמר=it does not say אבל אם מבקש אדם להיות צדיק אלא= מעצמם=from themselves אפילו גוי, יכול הוא שאינו בית אב נתנדבו=they volunteered 15 לכך הוא אומר יִרְּ אֵ י יְּדֹוָד בָרֲ כּו אֶּ ת יְּדֹוָד )תהלים קלה כ( לפיכך= בית יִרְ אֵּ י יְדֹוָד לא נאמר, אלא יִרְּ אֵ י יְּדֹוָד אינו בית אב, אלא מעצמם נתנדבו ואהבו להקב"ה לפיכך הקב"ה אוהבם לכך נאמר יְּדֹוָד אֹהֵ ב צַדִיקִ ים )תה' קמו ח( וגו' 1. "A man or a woman," etc. This is what Scripture says, "God loves the righteous…" (Psalms 146:8). 2. Similarly, the Holy Blessed One said, "I love those who love me" 3. and so it says "I honor those who honor Me" (1 Samuel 2:30). 4. They love me, and I also love them. 5. And why does the Holy Blessed One love the righteous? Because they have no inheritance and no family. 6. You find that Kohanim have an ancestral house, the Levites have an ancestral house, as it says 7. "House of Aaron, bless the Lord, House of Levi bless the Lord" (Psalms 135:19) 8. If a person wants to become a Kohen, he cannot. To be a Levi, he cannot. 9. Why? because his father was not a Kohen or not a Levi. 10. But if he wants to become a tzaddik (righteous person), 11.

238 In general, midrash abhors Biblical repetition and assumes that different terms are teaching something different. Still, it seems that the reference to gerim in the next verse must have influenced the association of "the righteous" with converts.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Midrashim on Conversion: Overview Jews, by Choice page 192 even a non-Jew, he can because it is not by ancestral house. 12. Therefore it says "Those who fear God, bless the Lord" (Psalms 135:20). 13. "The House of those who fear the Lord" it does not say, but "[those who] fear the Lord". 14. It is not by ancestral house, but rather, they volunteered from themselves and they love the Holy Blessed One. 15. Therefore God loves them, 16. and that is why it says "God loves the righteous" (Psalms 146:8). The midrash subtly plays with the expectations of the listener in order to heighten the dramatic effect of the claim about God's relationship with converts. Building on the traditional association of this passage--"a man or a woman" from Numbers 5—with the convert, the midrash quotes a verse from Psalms "God loves the righteous." The reference to "God loves the righteous" might evoke the next few words, "God protects the gerim." But this connection is unmentioned, and the next phrase seems to generalize the passage: is not traditionally associated צדיקים God loves those who love God." Since the word" prior to this midrash, it seems that the author of this midrash was intending to גרים with draw his audience in with general language before focusing in on converts. The first clear indication that the midrash is dealing with converts comes in line five when "the righteous" are identified as people without a family. The midrash then quotes a different passage from Psalms 135:19-20 which refers to the those who fear God. This ,יראי ה' houses of Aaron, Levi and Israel and then refers to phrase is also not a common way in rabbinic literature to refer to converts.239 Like the this usage may also have been jarring to the audience who ,צדיק appropriation of the term .יראי ה' or a צדיק would have assumed that any pious Jew might be seen as a refers converts, however, is the absence in the psalm of a reference יראי ה' The proof that to the "house of those fear God". Unlike the other parts of Jewish society, the convert has becomes assimilated to the category of converts who יראי ה' no ancestral house, and so (as assumed both by the Tannaitic reading of Numbers 5) have no relatives. This a convert is like ,גר שנתגייר כקטן שנולד דמי association also fits with the rabbinic metaphor a newborn. The focus here, however, is not that the convert doesn't have a family but that his religious affiliation is voluntary and not simply a matter of family tradition. But what of a person who is Jewish by blood. Is his/her love for God insignificant? From the perspective of this midrash, it is almost irrelevant. Of course, the midrash does not exclude the possible righteousness of a native Jew; line 11 states "even a gentile" which implies "certainly a Jew". Nevertheless, the native Jew never has that merit of having voluntarily demonstrated that love for God (line 14), The Stag among the Sheep The midrash continues with an extremely long mashal comparing the convert to a stag which joins a flock of sheep. A mashal has two parts: the figurative narrative (called the mashal) which creates a map for certain kinds of relationships and interactions, and a key to that narrative (the nimshal) which maps referents from the Bible or from Jewish life back onto the set of relationships created in the mashal. במדבר רבה )וילנא( פרשה ח ב ד"ה איש או )המשך(

is used to refer to converts is in Avot d'Rabbi Natan B, ch. 18, where Malakhi 3:18 יראי ה' The only time 239 is translated with phoboumenoi ton יראי ה' ,uses that epithet, and ARNB identifies them as gerim. In Greek kurion, which appears in Acts referring to gentiles who have affiliated with Judaism. Although scholars refer to the term God-fearers, this term does not appear in inscriptions.

17 הרבה הקב"ה אוהב את הגרים למה הדבר דומה= to what is this similar (introduces a mashal) למה הדבר דומה למלך שהיתה לו צאן והיתה יוצאת צאן= בשדה ונכנסת בערב כן בכל יום יוצאת בשדה= נכנסת בערב= 20 פעם אחד נכנס צבי אחד עם הצאן צבי= הלך לו אצל העזים היה רועה עמהם רועה=graze נכנסה הצאן לדיר נכנס עמהם דיר=barn

יצאת לרעות יצא עמהם אמרו למלך: הצבי הזה נלוה עם הצאן והוא רועה עמהם נלוה=accompanies אוהבו=אוהב אותו= 25 כל יום ויום יוצא עמהם ונכנס עמהם מפקיד...= the kind would order היה המלך אוהבו that the deer should graze like בזמן שהוא יוצא לשדה היה מפקיד רועה יפה לרצונו he wants יכה=hit | הזהרו=/be careful w לא יכה אדם אותו, הזהרו בו ואף כשהוא נכנס עם הצאן היה אומר להם: תנו לו תנו לו = [give him [water 30 וישתה מרי=my master תישים...כבשים...גדיים= ,kids והיה אוהבו הרבה sheep, goats אמרו לו: מרי כמה תישים יש לך? כמה כבשים יש לך? ואין את מזהירו= and you don't warn us כמה גדיים יש לך? ואין את מזהירנו, מצוינו=command us ועל הצבי הזה בכל יום ויום את מצוינו?! רוצה ולא רוצה= whether he 35 אמר להם המלך: הצאן רוצה ולא רוצה, wants or not דרכה=its nature כך היא דרכה לרעות בשדה כל היום, לישן= ולערב לבא לישן בתוך הדיר. אין דרכם=it is not their nature ישוב=dwelling place

הצביים במדבר הם ישנים, נחזיק טובה = show favor אין דרכם ליכנס לישוב בני אדם הניח=left, abandoned 40 לא נחזיק טובה לזה שהניח כל המדבר הרחב הגדול במקום =in the place of כך= במקום כל החיות ובא ועמד בחצר, אין אנו צריכין= (with surprise) כך אין אנו צריכין להחזיק טובה לגר must we not משפחתו=

שהניח משפחתו ובית אביו והניח אומתו אומתו= וכל אומות העולם ובא לו אצלנו הרבה=multiplied, repeated 45 לכן הרבה עליו שמירה שהזהיר את ישראל שמירה=protection שלא יזיקו=that they not harm שישמרו עצמם מהם שלא יזיקו להם וכה"א=וכן הוא אומר=thus it says וכן הוא אומר וַאֲהַבְּתֶּ ם אֶּ ת הַ גֵר )דב' י יט( וְּגֵר לֹא תֹונֶּה )שמות כב כ( וגו'

17. The Holy Blessed One loves converts a lot. 18. To what is this similar? To a king who had a flock that would go out to pasture 19. and similarly come in every day. 20. Once, a stag came in with the flock. 21 It went after the kids and would pasture with them. 22. The flock comes in to the barn; [the deer] would come in with them. 23. They go out to pasture, [the deer] would go out with them. 24. They [the shepherds] said to the king: This stag accompanies the flock and pastures with them. 25. Every day it goes out with them and comes in with them. 26. The king loved [the stag]. 27. When it would go out with to the fields, [the King] would order that the deer should graze as it wants. 28. No one should strike it; they should be careful with it. 29. And even when [the stag] comes in with the flock, [the King] would say to them: Give him water to drink. 30. [The King] loved [the stag] a lot.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Midrashim on Conversion: Overview Jews, by Choice page 194 31. [The shepherds said to him: Master, how many kids do you have? How many sheep do you have? 32. How many goats do you have? Yet you don't warn us [about them], 33. and about this deer, every day you issue commands?! 34. The King said to them: The flock, whether it wants or not, 35. its path/nature is to pasture in the fields during the day 36. and in the evening to sleep in the barn. 37. Deer sleep in the wilderness. 38. It is not their path/nature to enter civilization. 39. Should we not show favor to this one who gave up the great, wide wilderness 40. in place of all of the animals, and came and stood in a courtyard? 41. Similarly, should we not show favor to the convert 42. who gave up his family and his ancestral house, and left his nation, 43. and all of the nations of the world, and came to be with us? 44. Therefore, [the Torah] multiplied protection that warned Israel 45. to guard themselves from hurting [converts] 46. and thus it says, "You shall love the convert" (Deut 10:19), 47. "and you shall not oppress the convert" (Ex 22:20). This exceptionally long and detailed mashal captures the complexity of Israel's relationship with the convert. On the one hand, the convert is represented by the stag; compared to the sheep (the native Jews), the stag seems noble and even regal. Clearly the stag is favored by the king. The king almost sounds as if we should feel a debt to the stag for having abandoned his former life. On the other hand, although the sheep don't seem to have any problems with the stag, the shepherds (rabbis) do. The shepherds (the rabbis) make it clear that the care and concern given to the stag (the convert) seems to indicate a neglect of the sheep (the native Jewish population). What is the origin of the shepherd's resentment of the stag? Is it that Israel is neglected? Is it that raising the convert up on a pedestal seems unfair—the sheep are the way they whether it wants ,רוצה ולא רוצה, כך היא דרכה are and their behavior is expected (line 34-35 or not, its path/nature is to pasture). Is it jealousy?240 We have seen ambivalence about converts and conversion earlier on, but that was usually expressed out of concern that the convert did not totally integrate with Israel or did not accept the entirety of the covenant. This midrash does make a partial claim that the convert cannot integrate. No matter how frequently a stag sleeps in a barn, he will always remain a stag. The use of the essentialist it is not their path/nature to enter אין דרכם ליכנס לישוב—language about the stag civilization—seems to isolate the convert. When studying a rabbinic mashal, however, it is very important to explore exactly what is and is not parallel between the mashal and the nimshal.241 In this case, the nimshal is extremely brief and only includes the final claim that we should show favor to the stag/convert for abandoning the whole wide world in order to live in the closed and sheltered environment of the Jewish community. The gap between mashal and nimshal is sharp; the convert is never explicitly described as having an essentially different nature than the Jew.242 Presenting the convert as the noble, but not entirely assimilable stag seems quite different than the claim that the convert is

240 Perhaps this builds upon the previous part of the midrash, where the convert is praised and basically co- opts the categories of "righteous" and "God-fearing." 241 For academic studies of parables, see both David Stern, Parables in Midrash: Narrative and Exegesis in Rabbinic Literature, and Daniel Boyarin, Intertextuality in the Reading of Midrash. For a more popular treatment and an excellent introduction to the theory and practice of studying midrash, see Simi Peters, Learning to Read Midrash. 242 See below, p. 228, on Menachem Marc Kellner's discussion of Maimonides and Halevi from his book, Maimonides on Judaism and the Jewish People. Kellner argues that the disagreement about whether gentiles are essentially the same or different as Jews informs all of Maimonides' laws on conversion.

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Midrashim on Conversion: Overview Jews, by Choice page 195 assimilable but only because he is like a newborn who sheds all of his past connections.243 Ultimately, the shepherds react to the perceived favoritism shown by the king to the stag. The rabbis, in the voice of this midrash, are claiming that the preferential treatment shown to the convert seems unfair. God rejects this critique, but how is the reader of this midrash to respond to these different voices? Is different treatment of converts justified? Is it necessary?

Numbers Rabbah 8:9

In the last selection, the convert is seen as noble, but essentially different. This midrash addresses the question of the integration of the ger directly. Although the Talmud said that upon emerging from the mikveh, the convert is a Jew in all respects, in reality, the convert retains certain limitations, including most obviously, the prohibition of a female convert marrying a kohen.244 This midrash is also related to the first part of Numbers Rabbah 8:2 where the convert is This theme in the .בית אב contrasted with other Israelites who have a hereditary house, a geonic midrash developed out of the Tannaitic perception that Numbers 5:5-8 is referring to a convert because the Torah refers to someone who has no [relative to serve as a] see above, p. 190, and note 237). The convert has no redeemer because he) גואל redeemer has no Jewish relatives. But in the case of the theft from a convert, the Torah appoints a kohen to serve as the convert's redeemer. That connection, along with the prohibition of a kohen marrying a convert, and the placement of the Priestly blessing in the next chapter of the Torah (Numbers 6:24-26) are all background for this midrash. One of the goals of midrash is to read TaNaKh as a single book, connecting verses from Ketuvim to the Torah. Here, the juxtaposition of a verse from Psalms with the Priestly blessing provides the opportunity to reflect on the integration of the convert into Jewish society. במדבר רבה )וילנא( פרשה ח ד"ה ט ד"א ואיש

1 ]יְּבָרֶּ כְָּך יְּדֹוָד מִ צִ יֹון ּורְּ אֵ ה בְּ טּוב יְּרּוׁשָ לָ יִ ם כֹל יְּמֵ י

חַ יֶּיָך:[ וכי בשביל=is it because ּורְּ אֵ ה בָנִים לְּבָ נֶּיָך ׁשָ לֹום עַ ל יִשְּרָ אֵ ל )תהלים קכח ה-ו( לכך יבא=therefore there will be וכי בשביל שיראה הגר בנים לבניו שזוכה=who merits 5 לכך יבא ׁשָ לֹום עַ ל יִשְּרָ אֵ ל? שמשיא=to marry אלא בגר צדק הכתוב מדבר שזוכה שמשיא בתו לכהן בתו=his daughter עומדים=rise up, are born וזוכה ועומדים מבניה--שהם בני בניו--כהנים בניה=her sons שמברכין את ישראל ואומר יְּבָרֶּ כְָּך יְּדֹוָד וְּיִׁשְּמְּרֶּ ָך: שמברכין=who bless

243 Parallels to this midrash appear in Midrash Tehillim 146:8 (with a few differences) and in Yalqut Shimoni, Parashat Emor #645 and Parashat Bo #213. The Yalqut's version (below, p. 201) has God favoring the convert for having accepted Torah without having received all of the miracles of the exodus from Egypt. This can also be used as an unseen text. 244 Cf. Leviticus 21:6-8, which the rabbis extend to converts, and Mishnah Qiddushin 4:1.

יָאֵ ר יְּדֹוָד פָ נָיו אֵלֶּ יָך וִיחֻ נֶּךָ :

10 יִשָ א יְּדֹוָד פָ נָיו אֵלֶּ יָך וְּיָשֵ ם לְּ ָך ׁשָ לֹום: )במדבר ו כד-כו( לכך נאמר=therefore it says לכך נאמר ׁשָ לֹום עַ ל יִשְּרָ אֵ ל )תהלים קכח ו(

1. "The Lord will bless you from Zion, and you will see the good of Jerusalem all the days of your life. 2. You will see your children's children; peace be upon Israel." (Psalms 128:5-6) 3. Is it because the stranger will see his children's children 4. that therefore "peace [will] be upon Israel"?! 5. Rather, Scripture is referring to the righteous convert who will merit to marry his daughter to a kohen, 6. and [if] he merits, her sons—who are his grandchildren—will be kohanim 7. who will bless Israel saying "May the Lord bless you and keep you, 8. may the Lord's face give light to you and be gracious to you, 9. may the Lord's face show favor to you and give you peace." (Numbers 6:24-26). 10. Therefore it says, "Peace [will] be upon Israel."

At first blush, the verbal parallels between Psalms 128 and Numbers 6 seem to be enough should be enough שלום and יברכך ה' to draw the two verses together. The common uses of to draw the two together midrashically.245 But why does the midrash assume that Psalm 128 is talking about a convert (line 2)? A closer examination of Psalm 128 provides additional basis for the particular interpretation of the midrash.

Psalm 128 1A song of ascents. Happy are all who fear the מזמור קכח )א( שִ יר הַמַ עֲלוֹת אַשְרֵּ י .Lord, who follow His ways כָל איְרֵּ יְקֹוָק הַ הֹלְֵּך בִדְרָ כָיו: 2You shall enjoy the fruit of your labors; )ב( יְגִיעַ כַפֶיָךכִ יתֹאכֵּל אַשְרֶ יָך וְ טוֹב .you shall be happy and you shall prosper לְָך: 3Your wife shall be like a fruitful vine within your house; )ג( אֶשְתְ ָך כְ גֶפֶן פֹרִ יָהבְ יַרְ כְתֵּ יבֵּיתֶ ָך .your sons, like olive saplings around your table בָ נֶיָך כִשְתִ לֵּי זֵּיתִ ים סָבִ יב לְשֻלְחָ נֶָך: 4So shall the man who fears the Lord be blessed. )ד( הִ נֵּהכִ י כֵּןיְבֹרַ ְך גָבֶר יְרֵּ א יְקֹוָק: 5May the Lord bless you from Zion; )ה( יְבָרֶ כְָך יְקֹוָק מִצִ יוֹן ּורְ אֵּה בְ טּוב may you share the prosperity of Jerusalem יְרּושָ םלִָ כֹליְמֵּי חַ יֶיָך: ,all the days of your life )ו( ּורְ אֵּה בָנִים לְבָ נֶיָך שָ לוֹם עַ ל .6and live to see your children’s children יִשְרָ אֵּ ל: !Peace be on Israel one who fears God, which, as we saw in Numbers ,ירא ה' Twice, this psalm refers to a Rabbah 8:2 (p. 190), was associated with the convert. Furthermore, the references to blessing from Zion deepen the connection with the kohanim who are charged with blessing the people at the Temple in Jerusalem. With all of these connections in the background, the midrash proceeds to make a stunning claim. While the convert may not marry a kohen, the daughter of a convert may marry a kohen, as it says in Mishnah Qiddushin 4:7246:

245 Cf. "The Songs of Ascents and the Priestly Blessing" by Leon J. Liebreich, Journal of Biblical Literature, Vol. 74, No. 1 (Mar., 1955), pp. 33-36, who points out the verbal parallels. 246 The Shulchan Arukh (EE 7:21) codifies this as the law lekhatchila, but permits the marriage bedieved.

וְ גֵּרשֶ אנָשָ בַ תיִשְרָאֵּל, בִ תוֹכְשֵּרָ ה A convert who married the daughter of a Jew, his daughter is לַכְהֻנָה. לאֲבָ גֵּר שֶ נָשָ א גִיוֹרֶת, בִ תוֹ fit to marry a kohen, but a convert who married another פְ סּולָה לַכְהֻנָה. .convert, his daughter is not fit to marry a kohen If the convert's daughter marries a kohen, his grandchildren would be kohanim, and they would be able to bless Israel as kohanim. Reflecting back, kohanim present a particular challenge for converts. Since the days of the Second Temple, tribal identity basically ceased to exist with the exception of the kehunah. The very existence of kohanim would remind the convert that he doesn't share in that tribal identity. The aggadah of the person who comes before Hillel to convert on the condition that he is made a kohen gadol (Shabbat 31a, p. 67) relies on that sense of exclusion from the priesthood, although the way that aggadah points to how the convert shares that exclusion from the kehunah with King David mitigates the pain in the association. While the pair of midrashim from Numbers Rabbah 8:2 praise the convert for joining Israel without having a family tie to Jewish peoplehood, this midrash inverts that isolation. In this scenario, while the convert can't tie directly in to the tribal nature of the Jewish people, his daughter might, and his grandchildren may even become kohanim (EU 1).

2. Culture is a filter for experience...... p. 15

4. Multivocality in a tradition expresses unresolved cultural tensions...... p. 33

5. Judaism is both universalistic and particularistic...... p. 33

8. Jewish texts mediate between rabbinic ideals and Jewish realities...... p. 72

10. Judaism is an interpretive tradition ...... p. 99

11. The Jew-by-choice provides a model for Jewish identity...... p. 99

14. Metaphors both reflect and shape reality...... p. 144

This unit begins with different filters on a phenomenon of the Biblical text: does the repeated emphasis on loving and protecting the ger indicate how much they are loved or concern that Israel may not be particularly supportive of the ger's integration into the Jewish people. Our own cultural filters come into play when interpreting R. Eliezer's more particularistic claim that the protections afforded to the ger are because of his origins. Do we understand his claim that there is something unassimilable in the ger towards which the native Jew naturally feels antipathy (and is therefore warned), or do we read that as a claim that the ger is vulnerable and marginalized and therefore needs special care?

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Midrashim on Conversion: Overview Jews, by Choice page 198 The tradition of Tannaitic interpretation of Numbers 5 which understands the case of the person lacking a redeemer as a convert is received by later generations, and later midrashic texts expand on the convert’s lack of family and the association of the ger with the kohen. The midrashic texts also juxtapose God's love for the convert who doesn't have an ancestral house, or who joins the flock of Jewish sheep against its own nature, with rabbinic concerns for the sheep themselves. It also introduces these new enduring understandings: 17. Exhortations to conform mark a gap between ideals and reality. 18. Art is particularly suited to convey ambivalence.

Much of the midrash attempts to create a sense that the situation of the convert is not the ideal. God’s repeated exhortations in the Torah to love the ger are seen as an indication that Israel needs to be reminded, and this theme is picked up in the parable of the sheep and the stag where the king’s love for the stag is incomprehensible to the shepherd/rabbis. At the same time, the narratives and the dialectic of the midrash Note Lamm (BAJ, p. 61) who, after giving several reasons for loving the convert (see above, p. 188) concludes, "Whichever may be the primary motive [to love the convert], it is not a matter of suggestion or courtesy but a command issued by God to His people: Love the convert."

Essential Questions

Potential Learning Outcomes

Teaching Ideas

Teaching midrash midrash as reading of TaNaKh Midrash as divergent thinking Using art to respond to art

The convert's origin

How is this midrash concerned about a person’s “biological baggage”? Compare this excess of warnings and protective legislation to civil rights legislation, done to establish equality based on historical inequities, affirmative action. The gap between black and white America in terms of wealth, even with growing income equality is a great analogy. How might a convert be seen to have comparable income but a real gap in wealth (wealth as heritage, family stories, family support, recipes…)

A Midrash Colloquium

Among the assessments below are a wide selection of possible unseen texts. Select several that address different issues and reserve one for an unseen text analysis assessment. Students working in small groups with homogeneous language skills can study different midrashic texts and then present the midrashim to the class. This can broaden the class’s exposure to the range of voices in the midrashic tradition without having to make sure that each student masters each text. If students are required to take notes on the texts they haven’t prepared, then they could use those notes during the assessment with the remaining unseen text.

Discomfort with Discomfort

Many modern writers are uncomfortable with the voice that suspects converts. We noted above (p. 188) how Rabbi Lamm quotes the first part of R. Eliezer's baraita—that the command to love converts is repeated 36 times—without referring to the conclusion that Jews are exhorted to act with love because it is so difficult because converts have a bad streak remaining in them. Have students search for uses of this claim and try to find out whether it ever appears with the conclusion.

The Jewish Discovery Institute

Comparing metaphors

Three prominent metaphors for the convert which we have explored are the convert as a .p. 91 and p ,קשים גרים לישראל כספחת scab on Israel (R. Chelbo on Bavli Yebamot 47b גר שנתגייר כקטן שנולד 94f.), the convert as a newborn (R. Yossi on Bavli Yebamot 48b p. 137) and the image of the stag (Bemidbar Rabbah 8:2, p.190). As a way of ,דמי analyzing the metaphors, ask which two are most similar. Suggests that there are multiple ways to answer this question. Here are a few possibilities: Scab Newborn Stag

The scab and the newborn will both become integrated The stag will never become into the body or into society with the passage of time, a sheep although the scab may form a scar. The newborn and the stag are both positive images Seen as common but Seen as normal Seen as unusual unwelcome All three require a degree of special care Note, although the stag seems independent, the dominant message to the shepherds is that they should take care of the stag. In that respect all three images are alike; they all require special care (see especially the Netziv on the image of the scab).

Choice and obligation

A classic expression of the mindset of commandedness in rabbinic literature is the claim Kiddushin 31a, Bava Kamma 38a, Avodah) גדול מצווה ועושה ממי שאינו מצווה ועושה Zarah 3a).

Review of Midrashic Perspectives on Conversion

In what ways are converts compared to native Israelites in the various midrashim? 1. Contrast how the Mekhilta describes love for God and God's love for converts, and how the same theme shows up in Numbers Rabbah 8:2: The convert lacks ancestry (page 190).

?show up in these midrashim? Why do these texts focus on this כהנים How do .2

?about the deer? Why do the shepherds question the king משל What is the point of the .3 Why does the king appreciate the deer?

ּורְּ אֵ ה בָנִים לְּבָ נֶּיָך ׁשָ לֹום עַ ל יִשְּרָ אֵ ל Explain how the midrash understands the phrase .4 .

5. What big questions about conversion do these midrashim seem to address?

Write a good, creative review question on these midrashim.

Assessment The best assessments for this unit are interpreting unseen texts. Here are three examples which can be used as part of the unit or for different assessments. The most important

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Midrashim on Conversion: Teaching Ideas Jews, by Choice page 203 goal is assessing whether students can identify the multiple voices encoded in the midrashic texts.

Unseen text analysis: Genesis Rabbah 84 on Patriarchal Proselytism

בראשית רבה )תיאודור-אלבק( פרשה פד ד

1 וַיֵׁשֶּ ב יַעֲקֹב בְּאֶּרֶּ ץ מְּ גּורֵ י אָבִ יו )בראשית לז א( גייר גיורים=performed conversions אברהם גייר גיורים וַיִקַ ח אַבְּרָ ם אֶּ ת שָרַ י אִׁשְּ תֹו

]וְּאֶּ ת לֹוט בֶּ ן אָחִ יו וְּאֶּ ת כָל רְּ כּוׁשָ ם אֲׁשֶּ ר רָ כָׁשּו[ אם מתכנסים כל האומות= if all of the וְּאֶּ ת הַ נֶּפֶּ ׁש אֲׁשֶּ ר עָ שּו בְּחָרָ ן )בראשית יב ה( nations gathered together 5 ר' אלעזר בשם ר' יוסי בן זמרה: אם מתכנסים כל האומות לבראות=to create יתוש=a gnat אינם יכולין לבראות יתוש אחד שיטילו בו נשמה שיטילו בו נשמה=with a breath ואת אומר= and you say [in the ואת אומר וְּאֶּ ת הַ נֶּפֶּ ׁש אֲׁשֶּ ר עָ שּו בְּחָרָ ן [Torah אלא=rather אלא אילו הגרים. ונאמר=let the Torah say instead שגיירו=whom they converted ונאמר ש"גיירו", למה שעָ שּו? אלא ללמדך= rather, [the specific Biblical formulation is intended] 10 אלא ללמדך כל מי שמקרב את הגר כאילו ]בראו[. to teach you מקרב=draws [the convert] close ונאמר ש"עשה", ולמה שעָ שּו ? כאילו בראו=as if he created him

אמר ר' חוניא: אברהם היה מגייר האנשים ושרה הנשים.

יעקב גייר: וַיֹאמֶּ ר יַעֲקֹב אֶּ ל בֵ יתֹו וְּאֶּ ל כָל אֲׁשֶּ ר עִ מֹו הסירו=cast away הָסִ רּו אֶּ ת אֱֹלהֵ י הַ נֵכָר אֲׁשֶּ ר בְּ תֹכְּכֶּם )בראשית לה ב( אלהי הנכר=foreign gods/idols

15 )בר' וַיִתְּ נּו אֶּ ל יַעֲקֹב אֵ ת כָל אֱֹלהֵ י הַ נֵכָר אֲׁשֶּ ר בְּ יָדָ ם שמענו=derived from the Torah איכן=where לה ד( , ביצחק לא שמענו. ואיכן שמענו ביצחק?

דתני ר' הושעיא בשם ר' יודה בר' סימון: נאמר כאן נאמר כאן=it says here מגורי אביו=his father's dwellings וַיֵׁשֶּ ב יַעֲקֹב בְּאֶּרֶּ ץ מְּ גּורֵ י אָבִ יו )בראשית לז א(, מגויירי מגויירי אביו= his father's conversions אביו.

1 "Yaaqov lived in the land where his father dwelt=megurei aviv " (Gen 37:1). 2 Avraham performed conversions, "And Avram took Sarai his wife 3 [and Lot his nephew and all of the property they amassed] 4 and the souls which they made in Haran" (Gen 12:5). 5. R. Eleazar in the name of R. Yosi ben Zimra: if all of the nations got together 6 they would not be able to create a single gnat into which they could cast a breath of life, 7 and you say "the souls which they made in Haran"?! 8 Rather these are the converts. 9 Let [the Torah] say, "which they converted"; why "which they made"? 10 Rather, to teach you that anyone who draws the convert close, it is as if he has created him. 11 Let [the Torah] say "which he made"; why "which they made"? 12 Said R. Chunia: Avraham converted the men and Sarah the women. 13 Yaaqov converted [people], "And Yaaqov said to his household and all who were with him 14 cast away the foreign gods among you" (Gen 35:2) 15

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Midrashim on Conversion: Teaching Ideas Jews, by Choice page 204 "And they gave to Yaaqov all the foreign gods in their hands." (Gen 35:4). 16 We haven't heard about Yitzchaq. Where have we heard about Yitzchaq? 17 R. Hoshaiah taught in the name of R. Yehudah bR. Simon: it says here "Yaaqov lived in the land of megurei aviv" (Gen 37:1) meguyarei aviv the conversions of his father.

What does this midrash say about conversion? Make sure you attend to what the midrash the contrast between lines 5-6 and 10; what line 12 adds and ;עשו derives from the word why; and why it is trying to prove (however tenuously) that all three patriarchs were engaged in proselytism. You should try to compare and contrast this text with themes you have seen in other texts247.

247 Note the contrasting view of Avraham in Nedarim 32a and see below 1 Moshe said before the Holy Blessed One, “Master of the universe, 2. is the convert [as worthy as] the Levite before you? 3. [God] said to him: “[The convert] is greater before me for he converted for my sake. 4. A parable to a stag who grew up in the wilderness and came of its own [will] and joined the flock. 5. The shepherd fed him and gave him [water] to drink and loved him more than the flock. 6. They said to [the shepherd]: Do you love this stag more than the flock? 7. He said to them: How much effort I have expended on my flock. 8. Taking them out in the morning and bringing them in in the evening until they were grown, 9. but this [stag] which grew in the wilderness and the forests came on his own into my flock. 10. Therefore I love him. 11. Similarly, the Holy Blessed One said, “How much effort have I spent on Israel. 12. I took them out of Egypt, and I shined light before them, and I brought the manna down for them, 13. and I brought them the quail, and I brought them up the well, and I surrounded them with the clouds of glory 14. until they accepted my Torah, 15. but this one came on his own. Therefore, he is equivalent to me to Israelites and Levites. Compare this version of the parable with the one we studied from NumR 8:2 (above, p. 192). Contrast both images of the sheep and both images of the stag. Do you think one version is a better or more useful parable than the other? Why or why not? Note: This unseen should be given open book to facilitate more precise comparisons between the different versions. A more elaborate version might also include the modern version provided by the Jewish Discovery Institute (above,

Unseen text analysis: Eliyahu Rabbah 27: Three kinds of converts

אליהו רבה )איש שלום( פרשה כז

Remember to look up verses! 1 שלש מדות בגרים: מדות יש גר כאברהם אבינו, יש גר כחמור, יש גר כגוי לכל דבר.

יש גר כגוי לכל דבר, כאיזה צד? יש לו נבילות וטרפות שקצים ורמשים בתוך ביתו,

5 אמר, מתי אתגייר ואהיה ביניהם של ישראל,

Jews, by Choice: A curriculum guide © 2017 Jeffrey A. Spitzer, v. 7.6 Midrashim on Conversion: Teaching Ideas Jews, by Choice page 205 Unseen text analysis: Exodus Rabbah 42:6, The Converts and the Calf

שמות רבה )וילנא( פרשה מב ד"ה ו לך רד

אין כתיב כאן, אלא= is not” 1 לֶּ ְך רֵ ד כִי ׁשִ חֵ ת עַמְּ ָך )שמות לב ז( ”…written here, but rather "העם" אין כתיב כאן אלא עַמְּ ָך,

שאכילתן יפה, ויש להן ימים טובים ושבתות, ויאכלו אילו מתוך ביתי, אכוף על עצמי ואתגייר.

לסוף שחזר לסורו,

באו עליו ייסורין לטובתו ולהציל מידו מה שעשה, 10 אמר הקב"ה, כשם שאהב אתכם כך אתם תאהבו אותו, שנאמר ואהבתם את הגר )דברים י' י"ט(. יש גר שמשול כחמור, כאי זה צד? הלך לישא אשה מישראל,

אמרו לו, אין אני אשיא לך עד שתתגייר,

15 אמר אכוף על עצמי ואתגייר, לסוף שחזר לסורו, באו עליו ייסורין לטובתו ולהציל מידו מה שעשה, אמר הקב"ה, בני, כשם שבקש זה מכם מנוחה כך אתם תנו לו מנוחה, שנאמר וגר לא תונה ולא תלחצנו וגו' )שמות כ"ב כ'(. יש גר כאברהם אבינו, כאי זה צד? הלך ופישפש בכל האומות, כיון שראה שמספרין בטובתן של ישראל אמר, מתי אתגייר ואהיה כהם ואכנס תחת כנפי השכינה, שנאמר ואל יאמר בן הנכר וגו' כה אמר ה' לסריסים וגו' ונתתי להם בביתי ובחומותי וגו' )ישעיה נ"ו ג' ד' וה'(.

Unseen text analysis: Converts from Amaleq, p. 198. אמר רבי אבהו אמר רבי אלעזר: מפני מה נענש אברהם אבינו ונשתעבדו בניו למצרים מאתים ועשר שנים? ... ורבי יוחנן אמר: שהפריש בני אדם מלהכנס תחת כנפי השכינה, שנאמר: +בראשית יד כא ]וַיֹאמֶר מֶ לְֶך סְ דֹם לאֶ ַאבְרָ ם[ תֶ ן לִ י הַ נֶפֶ ש וְהָרְ כֻש חקַ לְָך: Rabbi Abbahu said in the name of R. Eleazar: Why was Abraham punished by having his children enslaved in Egypt for 210 years?...R. Yochanan said: Because he separated people from entering under the wings of the Shekhina, as it says, "[The King of Sodom said to Avraham:] Give me the souls and you take the property.' "

contrasts a presumed text of אמר משה: רבון העולם מנין הם עמי? the Torah and the actual text אמר לו הקב"ה: עַמְּ ָך הם שעד שהיו במצרים רבון העולם= Master of the World 5 אמרתי לך: וְּהֹוצֵאתִ י אֶּ ת צִבְּ אֹתַ י אֶּ ת עַמִ י ]יִשְּרָ אֵ ל[ מנין=[from where [do we know קב"ה=Holy Blessed One )שמות ז ד( עד ש...=while לערב בהם=to mix in with them אמרתי לך שלא לערב בהם ערב רב, ערב רב=the mixed multitude אתה שהיית עניו וכשר אמרת לי: לעולם מקבלים השבים עניו וכשר=meek and righteous השבים=the repentant ואני הייתי יודע מה הם עתידין לעשות. אמרתי לך: לאו. עתידין לעשות= would do in the future 10 ועשיתי רצונך ועשיתי רצונך=but I did your will הם הם=they are the very ones והם הם שעשו את העגל עגל=the golden calf שהיו עובדים עבודת כוכבים גרמו=caused | לעמי=my people והם עשו אותו וגרמו לעמי לחטא, לחטא=to sin ראה מה כתיב= Look [closely] at ראה מה כתיב: "אלה אלהינו" אין כתיב כאן what is written אלה אלהינו=this is our God 15 אלא אֵלֶּ ה אֱֹלהֶּ יָך יִשְּרָ אֵ ל )שמות לב ד(

שהגרים שעלו עם משה הם עשאוהו שעלו=who came up with עשאוהו=[made [the golden calf ואמרו לישראל: אֵלֶּ ה אֱֹלהֶּ יָך,

לכך הקב"ה אמר למשה לֶּ ְך רֵ ד כִי ׁשִ חֵ ת עַמְּ ָך. לכך=therefore

1 "Go down, because your people have acted corruptly" (Ex 32:7). 2 "The people" is not written here but rather "your people," 3 Moshe said: "Master of the universe, from where do we know that they are my people?" 4 The Holy Blessed One said to him: "They are 'your people' for while they were in Egypt, 5 I said to you 'I will take out my hosts, my people [Israel]' (Ex 7:4). 6 I said to you not to mix with them the mixed multitude (erev rav). 7 You, who were modest and proper said to Me, 'We always accept those who repent.' 8 But I knew what they would do in the future. I said to you, 'No'. 9 But I did according to your desire, 10 and they are the very ones who made the [golden] calf 11 for they were worshipping idolatry. 12 They made it and caused my people to sin." 13 Behold what is written, "This is our God" is not written, 14 "This is your God, Israel" (Ex 32:4), 15 for the converts who came up with Moshe, they made it 16 and they said to Israel, "This is your God". 17 Therefore the Holy Blessed One said to Moshe, "Go down, because your people have acted corruptly" (Ex 32:7).

What does this midrash say about the nature of the convert? Make sure to attend to how the and how do you ,ערב רב Whose idea was it to bring the .עמך midrash is reading the word line 7)? How do you understand) עניו וכשר understand God’s characterization of Moshe as God’s claim in line 8, and God’s decision in line 9? What is the point of line 12 and the “proof” for it in lines 13-15. Contrast this midrash with other texts and themes we have seen.

Unseen text analysis: Yalqut Shimoni Vayiqra 645: An alternate version of the sheep and the stags

ילקוט שמעוני פרשת אמור, תרמה

1 אמר משה לפני הקדוש ברוך הוא רבונו של עולם הגר הזה כלוי לפניך

א"ל גדול היא לפני שנתגייר לשמי לשמי=for my sake

משל לצבי שגדל במדבר ובא מעצמו ונתערב בצאן משקו=give him water to drink 5 היה הרועה מאכילו ומשקו ומחבבו יותר מצאנו מחבב=love אמרו לו לצבי זה אתה מחבב יותר מן הצאן

א"ל כמה יגיעות יגעתי בצאני עד ש=before מוציאן בבוקר ומכניסן בערב עד שלא גדלו וזה שגדל במדברות וביערים ובא בעצמו לתוך צאני

10 לכך אני מחבבו. כך אמר הקדוש ברוך הוא כמה יגעתי בישראל

הוצאתים ממצרים והארתי לפניהם הורדתי להם את המן

הגזתי להם את השליו העליתי להם את הבאר הקפתים ענני כבוד עד שקבלו תורתי

15 וזה בא מעצמו לפיכך שקול עלי כישראל וכלוי. 1 Moshe said before the Holy Blessed One, “Master of the universe, 2. is the convert [as worthy as] the Levite before you? 3. [God] said to him: “[The convert] is greater before me for he converted for my sake. 4. A parable to a stag who grew up in the wilderness and came of its own [will] and joined the flock. 5. The shepherd fed him and gave him [water] to drink and loved him more than the flock. 6. They said to [the shepherd]: Do you love this stag more than the flock? 7. He said to them: How much effort I have expended on my flock. 8. Taking them out in the morning and bringing them in in the evening until they were grown, 9. but this [stag] which grew in the wilderness and the forests came on his own into my flock. 10. Therefore I love him. 11. Similarly, the Holy Blessed One said, “How much effort have I spent on Israel. 12. I took them out of Egypt, and I shined light before them, and I brought the manna down for them, 13. and I brought them the quail, and I brought them up the well, and I surrounded them with the clouds of glory 14. until they accepted my Torah, 15. but this one came on his own. Therefore, he is equivalent to me to Israelites and Levites. Compare this version of the parable with the one we studied from NumR 8:2 (above, p. 192). Contrast both images of the sheep and both images of the stag. Do you think one version is a better or more useful parable than the other? Why or why not? Note: This unseen should be given open book to facilitate more precise comparisons between the different versions. A more elaborate version might also include the modern version provided by the Jewish Discovery Institute (above,

אליהו רבה )איש שלום( פרשה כז

Remember to look up verses! 1 שלש מדות בגרים: מדות יש גר כאברהם אבינו, יש גר כחמור, יש גר כגוי לכל דבר.

יש גר כגוי לכל דבר, כאיזה צד? יש לו נבילות וטרפות שקצים ורמשים בתוך ביתו,

5 אמר, מתי אתגייר ואהיה ביניהם של ישראל,

שאכילתן יפה, ויש להן ימים טובים ושבתות,

ויאכלו אילו מתוך ביתי, אכוף על עצמי ואתגייר.

לסוף שחזר לסורו,

אמרו לו, אין אני אשיא לך עד שתתגייר,

The following three texts present different views about whether converts can be accepted from Amaleq. The teacher can assign the first two texts for preparation as homework and then give the final text as an in-class unseen text analysis, or all three texts can be assigned as the basis for a paper with the following possible prompts: Why do the two Tannaitic midrashim (the Mekhilta and the baraita preserved in bGittin) preserve different ideas about whether Amaleq can convert?

מכילתא דרבי ישמעאל בשלח - מסכתא דעמלק פרשה ב Mekhilta Amaleq 2

1 ר' אליעזר אומר נשבע המקום בכסא הכבוד שלו

שאם יבא אחד מכל אומות העולם להתגייר שיקבלוהו

ולעמלק ולביתו לא יקבלוהו

שנאמר ויאמר דוד אל הנער המגיד לו אי מזה אתה

5 ויאמר בן איש גר עמלקי אנכי )שמואל ב' א יג(

נזכר דוד באותה שעה מה שנאמר למשה רבינו

אם יבא אחד מכל האומות שבעולם להתגייר שיקבלוהו

ומביתו של עמלק שלא יקבלוהו

מיד ויאמר אליו דוד דמך על ראשך כי פיך ענה בך

10 לכך נאמר [מלחמה לה' בעמלק] מדור דור )שמות יז

טז( 1 R. Eliezer says: The Omnipresent swore before the throne of glory 2 that if anyone from the nations comes to convert that Israel should accept him 3 but Amaleq and his house should not be accepted, 4 as it says: David said to the young man who brought him the report, "Where are you from?" "I am the son of an alien, an Amalekite," he answered. (2 Samuel 1:13) 6 David remembered at that time what was said to Moshe Rabbenu 7 if anyone from the nations comes to convert that Israel should accept him 8 but Amaleq and his house should not be accepted. 9 Immediately For David had said to him, "Your blood be on your own head. Your own mouth testified against you…" (2 Samuel 1:16) 10 Therefore it says [A war with Amaleq] from generation to generation (Exodus 17:16)

1 תנא: נעמן גר תושב היה;

נבוזראדן גר צדק היה.

מבני בניו של המן למדו תורה בבני ברק;

מבני בניו של סיסרא למדו תינוקות בירושלים;

5 מבני בניו של סנחריב למדו תורה ברבים. 1 It was taught, Naaman was a ger toshav; 2 Nevuzaradan was a righteous convert; 3 the descendants of Haman studied Torah in Bnei Braq; 4 the descendants of Sisera taught children [Torah] in Jerusalem; 5 the descendants of Sencheriv taught Torah in public (to the community).

בבלי סנהדרין צט ע"ב Bavli Sanhedrin 99b

Remember to look up verses! 1 אחות לוטן תמנע )בראשית לו כב( מאי= what is the point [of מאי היא תמנע [writing/mentioning

בת מלכים הואי דכתיב אלוף לוטן אלוף תמנע אלוף= מלכותא=royalty תאגא=crown )בראשית לו כב( וכל אלוף מלכותא בלא תאגא היא בעיא=she wanted לאיגיורי=להתגייר=to convert 5 בעיא לאיגיורי קבלוה=קבלו אותה

באתה אצל אברהם יצחק ויעקב ולא קבלוה פילגש=concubine/secondary wife הלכה והיתה פילגש לאליפז בן עשו מוטב=יותר טוב תהא=להיות אמרה מוטב תהא שפחה לאומה זו שפחה=female slave אומה=עם ולא תהא גבירה לאומה אחרת גבירה=lady, duchess נפק=יצא | מינה=ממנה דצערינהו=who oppressed 10 נפק מינה עמלק דצערינהו לישראל מאי טעמא=למה איבעי להו=they should have מאי טעמא דלא איבעי להו לרחקה לרחקה=distanced her, sent her away 1. "Timna was the sister of Lotan" (Gen 36:22). 2. What is [the point of mentioning] Timna? 3. Timna was a royal princess, as it is written, "alluf [duke] Lotan, alluf [duke] Timna" (Gen 36:29); 4. and by alluf an uncrowned ruler is meant. 5. She wanted to convert. 6. She went to Abraham, Isaac and Jacob, but they did not accept her. 7. So she went and became a concubine to Eliphaz the son of Esau, 8. saying, "It is better to be a servant to this people 9. than a royalty for another nation." 10. From her Amalek was descended who afflicted Israel. 11. Why so? — Because they should not have rejected her.