The Converts of Shushan

hroughout most of Jewish history, conversion to Michoel Zylberman was a relatively Rosh Chaburah, RIETS Trare occurrence. As were often persecuted, and conversion to Judaism Geirus Coordinator, RCA∙ Segan Menahel, was often illegal and potentially a of America capital offense, there was limited 1 אל יעלה על דעתך ששמשון המושיע את incentive to join the fold. There geirim of that time converted on their ישראל או שלמה מלך ישראל שנקרא ידיד were, however, notable exceptions in own and that the same was true of the ה’ נשאו נשים נכריות בגיותן, אלא סוד Biblical times. The Gemara Yevamos( converts of the time of Mordechai and הדבר כך הוא, שהמצוה הנכונה כשיבא הגר 79a) derives from psukim in Melachim Esther. That is the meaning of the term או הגיורת להתגייר בודקין אחריו שמא I 5) that during the time of Dovid “misyahadim” — literally they “made) בגלל ממון שיטול או בשביל שררה שיזכה HaMelech 150,000 people converted themselves Jewish.” The implication of לה או מפני הפחד בא להכנס לדת, ואם איש to Judaism. Similarly, the pasuk in Tosafos’s language is that the subjects הוא בודקין אחריו שמא עיניו נתן באשה Megilas Esther (8:17) indicates that of Achashveirosh did not undergo a יהודית, ואם אשה היא בודקין שמא עיניה many converted during the time of formal conversion process but rather נתנה בבחור מבחורי ישראל, אם לא נמצא Mordechai and Esther: conducted themselves as Jews. The להם עילה מודיעין אותן כובד עול התורה in his commentary on ּובְכָל־מְדִינָה ּומְדִינָה ּובְכָל־עִיר וָעִיר מְקֹום וטורח שיש בעשייתה על עמי הארצות כדי Esther interprets this verse along these אֲ ׁשֶ ר ּדְבַר־הַּמֶ לְֶך וְ דָ תֹו מַ ּגִיעַ ׂשִ מְ חָ ה וְׂשָׂשֹון שיפרושו, אם קבלו ולא פירשו וראו אותן lines — they made themselves into לַּיְהּודִים מִ ׁשְ ּתֶ ה וְיֹום טֹוב וְ רַ ִּב י ם מֵ עַ ּמֵ י ה ָ ָא רֶ ץ שחזרו מאהבה מקבלים אותן שנאמר ותרא Jews but were not in fact full Jews.2 מִ תְ י ַהֲ דִ ים ּכִי־נָפַל ּפַחַד־הַּיְהּודִים עֲלֵיהֶם: כי מתאמצת היא ללכת אתה ותחדל לדבר In every province and in every city, Rashba and Ritva (Yevamos 79a) אליה. לפיכך לא קבלו בית דין גרים כל ימי wherever the king’s commandments present a different resolution to this דוד ושלמה, בימי דוד שמא מן הפחד חזרו, and decree reached, there was great question, which reflects a different ובימי שלמה שמא בשביל המלכות והטובה gladness and joy for the Jews, a feast and understanding of our verse. They והגדולה שהיו בה ישראל חזרו, שכל החוזר a holiday. And many of the people of the answer that the geirim of Dovid מן העכו”ם בשביל דבר מהבלי העולם land became Jews because the fear of the HaMelech’s time (and presumably אינו מגירי הצדק, ואעפ”כ היו גרים הרבה Jews fell upon them. of Achashveirosh’s time as well) did מתגיירים בימי דוד ושלמה בפני הדיוטות, convert, but they converted with a והיו ב”ד הגדול חוששין להם לא דוחין אותן The proper interpretation of this beis din of hedyotos (laymen) and אחר שטבלו מכ”מ ולא מקרבין אותן עד verse is a matter of dispute. Tosafos not an authorized beis din. Such שתראה אחריתם. Yevamos 24b s.v. Lo) are bothered by) an apparent contradiction between conversions, while not prospectively One should not think that Samson who two passages in the Gemara. The sanctioned, would have been valid saved the Jewish people, and Gemara there quotes a beraisa that post facto, based on the conclusion Solomon King of , who is called during the days of Dovid HaMelech of the Gemara (Yevamos 24b) that “the friend of God,” married gentile and Shlomo HaMelech the Jewish conversions performed for ulterior 3 woman who did not convert. Instead, the people did not accept converts, as motivations are still valid post facto. matter can be explained as follows: The there was strong ulterior motivation to According to this interpretation, proper way of performing the mitzvah is benefit from the economic prosperity misyahadim can mean that they when a male or a female prospective that the Jewish people enjoyed at literally and formally converted. convert comes, we inspect his motives that time. Yet the Gemara that we This answer of Rashba and Ritva for conversion. Perhaps he is coming quoted earlier refers to large numbers is consistent with the words of the for the sake of financial gain, in order of geirim during the time of Dovid Rambam (Issurei Biah 13:14-15): to receive a position of authority, or he Hamelech. Tosafos suggest that the

25 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF To-Go Series • Purim 5776 desires to enter our faith because of fear. geirus be performed in the presence The approach of Tosafos that the For a man, we check whether he focused of a beis din.4 Tosafos (s.v. Mishpat) non-Jews of the time of Dovid and his attention on a Jewish woman. For a explain that based on the Gemara’s Shlomo (and of the Purim story) did woman, we check whether she focused analysis, we would require a beis not legitimately convert assumes that her attention on a Jewish youth. If we din of three “mumchim,” individuals geirus in principle requires a beis din find no ulterior motive, we inform them who possess semicha handed down of three mumchim, and absent that of the heaviness of the yoke of the Torah from generation to generation back possibility we utilize the mechanism and the difficulty the common people to Moshe Rabbenu. Given that by of shlichusayhu. When mumchim have in observing it so that they will the time of the Tosafos (and much do exist, though, as in those earlier abandon [their desire]. If they accept earlier) formal semicha ceased to periods, there is no other option for [this introduction] and do not abandon exist, Tosafos question how we are performing geirus. Thus, given that the their resolve and thus we see that they able to accept new geirim in our times. batei din of mumchim were unwilling to convert people during the time of are motivated by love, we accept them, as Tosafos (ibid. and Kiddushin 62b, Dovid and Shlomo due to suspect [indicated by Ruth 1:18]: “And she saw s.v. Ger) answer that our batei din are motivations, these people were unable that she was exerting herself to continue licensed to accept geirim based on to convert.6 The answer of Rashba and with her and she ceased speaking with the notion of shlichusayhu, or agency. Ritva that the converts of the time her.” For this reason, the court did not The Gemara Sanhedrin( 2b-3a and of Dovid and Shlomo did convert accept converts throughout the reign of Gittin 88b) explains that although legitimately, albeit with a beis din of David and Solomon. In David’s time, certain monetary matters must be , assumes either that there [they feared] that they sought to convert adjudicated in front of a beis din hedyotos never was a requirement of mumchim, because of fear and in Solomon’s time, of three mumchim, the inability to or that even when existed [they feared] that they were motivated by settle such matters in a generation mumchim a geirus performed by non-mumchim the sovereignty, prosperity, and eminence lacking mumchim would significantly could be valid at least post facto. which Israel enjoyed. [They refrained restrict commercial activity. Rather, from accepting such converts, because] contemporary batei din operate R. Zvi Pesach Frank (Har Zvi, Yoreh a gentile who seeks to convert because though shlichusayhu, namely we view Deah 216) suggests a significant of the vanities of this [material] world the dayanim of a beis din as the agents practical difference between whether is not a righteous convert. Nevertheless, of the original mumchim and they are contemporary geirus operates based there were many people who converted therefore authorized to adjudicate on shlichusayhu or not. In the 1920’s in the presence of ordinary people during such matters. Similarly, in cases in the Jewish community of Buenos the era of David and Solomon. The which coercive measures may be Aires, Argentina promulgated a Supreme Sanhedrin would view them warranted as part of a get process, communal edict not to perform with skepticism. Since they immersed shlichusayhu is operative. Tosafos conversions.7 What would be the post themselves, they would not reject them, explain that the same mechanism facto status of conversions performed but they would not draw them close until exists for accepting geirim. in Argentina at the time by ad hoc they saw what the outcome would be. batei din, against the wishes of the Tosafos (Kiddushin ibid.) quote a (Translation, Chabad.org) community establishment? R. Frank second explanation in the name of argues that if contemporary is R. Refoel Aharon Yoffen (footnote Rabbenu Nesanel. According to the geirus predicated on , a 758 to Ritva, Yevamos 77a, Mosad simple reading of this position, there shlichusayhu beis din cannot simultaneously flout the local HaRav Kook edition) suggests that never existed a requirement that a beis the crux of the difference between edicts and claim to be a legitimate din for geirus consist of mumchim. The the answers in rishonim may be the representative of batei din from Torah’s use of the term “l’doroseichem,” previous generations. For this reason, status of conversions performed by “for your generations” in the context a beis din of . The Gemara in the particular case that he addressed, hedyotos of conversion teaches us that geirus he recommended that the individual (Yevamos 46b), based on the Torah’s may be performed at any time in who had converted with an ad hoc usage of the term “mishpat,” or history, even when there are no “judgment,” derives the requirement beis din that was operating against the mumchim.5 that the fundamental components of wishes of the established community

26 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Purim 5776 undergo another act of conversion with of the current Beit Din Hagadol, the a more legitimate beis din. Supreme Court of Appeals of the A Novel Approach to A generation earlier, R. Meir Simcha Israeli beit din system, accepts this Drinking on Purim: analysis in a well-publicized decision of Dvinsk (Or Sameach, Issurei Biah of the Beit Din Hagadol.10 R. Chaim Zundel Maccabi, 14:13) made a similar argument. Imrei Chaim no. 52, suggests According to R. Nechemia (Yevamos Taking a contrary position, R. that the concept of drinking 24b), if an individual converts for the Gedalyau Axelrod of the Rabbanut on Purim has its roots in the sake of marriage to a Jewish partner, Beit Din in Haifa (Migdal Tzofim mass conversion that followed the geirus is not valid. The Gemara 3:39), claims that if the beis din the defeat of Haman. While concludes, however, that if such believes that they are following there were many who were an individual did convert with the accepted halachic standards, even interested in converting because requisite steps and commitments of if others may dispute their analysis, they believed in the Torah, geirus, the geirus would be valid post conversions that they perform on 8 there were others who were facto. R. Meir Simcha questions candidates who possess the requisite not as sincere. Some were even whether a beis din that converts commitment are indeed valid. tacit supporters of Haman. someone whose motivation is for the Erroneously following a mistaken R. Maccabi suggests that sake of marriage could legitimately halachic position does not in and Mordechai wanted to see which claim that mantle of shlichusayu. Since of itself disqualify the dayanim R. of these conversion candidates the act of geirus itself is performed in Sternbuch himself acknowledges the were sincere so he instituted contravention to standard halachic legitimacy of this approach. This latter that the celebration of Purim protocol, we cannot view the position has been followed by much the following year would be a members of that beis din as the agents of the beis din establishment both in 9 day of drinking wine. When one of the original batei din. the and in Israel. is drunk, one’s inner feelings R. Moshe Sternbuch (Teshuvos If we accept the validity of a come out and therefore, through V’hanhagos 1:610-611, 4:230) conversion performed by a beis the drinking of wine, Mordechai quotes the Or Sameach and assumes din of hedyotos, we must define the was able to determine who was along similar lines that if a beis minimal knowledge base required sincere and who was not. Since din converts people despite clear of the members of such a beis din. drinking wine was part of the indications that the geirim will not In the context of a beis din for original Purim celebration, it lead an observant lifestyle, their monetary matters, continued in subsequent years. conversions are invalid. Such a beis rules (Choshen Mishpat 3:1) that a Torah To Go Editors din may not tap into the authority beis din of three may even contain of shlichusayhu. He argues further hedyotos. Rema there adds that a beis that once we establish that such a din of three will invariably contain at in such a situation is that the talmid beis din may not invoke shlichusayhu, least one member who is proficient chacham will explain to the other any conversion performed by that in the relevant halachos; if none of members of the beis din the details beis din, even in a situation of the members of a beis din have such of the steps of milah, tevillah, and unquestionable commitment on the proficiency, that beis din is pasul.11 kabbalas hamitzvos.12 part of the convert, would be invalid. R. Moshe Feinstein (Igros Moshe, R. Moshe Wolfson (Emunas Itecha 1 R. Sternbuch assumes that even if Yoreh Deah 1:159) assumes that p. 283, citing Mara Deara’a Deyisrael, the authority to perform conversion the Rema’s qualification inChoshen the biography of R. Yosef Chaim nowadays does not stem from Mishpat applies to geirus as well. Zonnenfeld) relates that R. Isser shlichusayhu, conversions performed In principle, as long as one of the Zalman Meltzer once asked R. Yosef by such a beis din would be invalid, as members of the beis din is a talmid Chaim Zonnenfeld why he was so the dayanim are considered reshaim chacham who is proficient inhilchos scrupulous about immersing in a for participating in such a system. R. geirus, a geirus performed by that beis mikveh. R. Zonnenfeld replied that if Avraham Sherman, a retired member din would be valid. The presumption immersion in a mikveh can transform

27 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Purim 5776 a non-Jew into a Jew, then all the Tosafos (Yevamos 45 s.v. Mi) assume that the 8 Many contemporary batei din take more so can it have a transformative presence of a beis din is only necessary even the following approach to converting impact on a Jew. R. Wolfson suggests post facto for kabbalas hamitzvos, the formal individuals who seek to convert for the sake acceptance of the binding nature of Torah and of marriage. If the beis din is convinced that that this is an important lesson of mitzvos and commitment to live an observant the commitment of the prospective convert Purim. However we interpret the term lifestyle. As long as this declaration was made transcends the relationship with the Jew, such misyahadim, the miracle of Purim had in the presence of a beis din, even if the beis that if the relationship were to end the convert a major impact on the conduct of the din did not observe the milah and tevilah, the would continue to lead an observant Jewish nations of the world. Should it not at geirus is still valid. Rambam (Issurei Biah 13:7), lifestyle, the geirus need not be characterized however, assumes that beis din is necessary as being done for the sake of marriage. See, for least have the same effect on us? even post facto for tevilah (and perhaps milah example, Achiezer 1:26 for a related approach. as well). Shulchan Aruch (Yoreh Deah 268:3) Notes 9 See a similar analysis by R. Avraham quotes both of these opinions. Yitzchak HaKohen Kook ( 152). 1 See Shu”t Siach Yitzchak (R. Yitzchak Da’as Kohen 5 Rashba ( 45b s.v. ) explains R. Moshe Feinstein ( Weiss), who lists 13 instances of geirim Yevamos Mi Dibros Moshe, Yevamos referenced in Shas. within this opinion that shlichusayhu operates pp. 481-482) assumes that R. Meir Simcha’s in financial matters, utilizing the mechanism analysis is theoretically correct, but notes that 2 See the commentaries of Ibn Ezra and of hefker beis din hefker, the authority of beis common practice is to accept conversions Rabbenu Moshe Chalayo (in Mikraos Gedolos din to render someone’s property ownerless, performed for the sake of marriage. Toras Chayim) and Ralbag who understand and in matters of marriage and divorce, 10 Ploni v. Plonit 4 Adar I 5768 available at the word “misyahadim” along these lines. based on the notion of kol dimekadesh http://www.rbc.gov.il/Pages/PiskeDin.aspx. Manos HaLevi (R. Shlomo Alkavetz) writes ada’ata derabbanin mikadesh (people enter that the non-Jews of the time knew that they into marriage with the knowledge that 11 This is based on Rosh Sanhedrin( 1:1) in would not be able to formally convert, but their marriage may be regulated by rabbinic distinction to the position of Ramah cited in they presented themselves as Jews and dressed enactments). However, given that neither Tur that requires three proficient members of a as Jews. Sfas Emes connects this to the custom of these mechanisms exist for geirus, the beis din. See also Shach (Choshen Mishpat 3:2). of dressing up on Purim. theoretical power vested through shlichusayhu 12 R. Moshe assumes this to be the position would not be sufficient to allow an individual 3 While the Rashba only presents this of the Rambam (Issurei Biah 14:6), who who is non-Jewish by Torah law to marry a explanation, Ritva prefers an additional does not use the term talmidei chachamim Jew. See, however, Nesivos HaMishpat (1:1) resolution. He concludes: in describing the members of the beis din who argues that shlichusayhu operates on a (although the Gemara, Yevamos 47 b, does Biblical level, and thus someone converted ומסתברא דקושיא מעיקרא ליתא דההיא שלא use the term talmidei chachamim). R. Shmuel with such a mechanism would be considered Eliezer Stern (Geirus Kihilchasa Chapter 7 קבלו גרים בימי דוד ובימי שלמה היינו בסתם fully Jewish by Biblical law. footnote 4) quotes R. Gershom Hagozer דמסתמא הם אינם עושים אלא מפני פחד מלחמת Maharm Shik (Shu”t Yoreh Deah 248) (12th century Germany) in his Klalei 6 דוד או לשלחן מלכים ועושר שלמה, אבל באלו assumes that even according to the explanation HaMilah who writes that a beis din for geirus הדברים הוכיחו שנתגיירו מפני מה שראו בזה that conversions may always be performed must consist of three talmidei chachamim or קדושת התורה ויושר חוקיה ומשפטיה ולכן קבלום. based on l’dorosaichem, when mumchim exist three “chashuvei ha’ir,” distinguished members It would seem that there is no question from the they may only be performed by mumchim. of the city (who are not necessarily talmidei outset. When the Gemara states that they did chachamim). not accept converts during the time of David 7 See R. Shaul David Sithon, Shu”t Devar and Shlomo, that was only by default. The Shaul (introduction and 2-6), who, as See, however, Meiri (Beis HaBechirah, Yevamos assumption was that they were only doing so the rabbi of Buenos Aires, spearheaded 47a s.v. Af al pi and 47b U’micheivan) who because of fear of the war of David or because of this effort and received the blessing of R. requires three talmidei chachamim. Meiri the wealth of Solomon. However, those who had Avraham Yitzchak Hakohen Kook. R. Kook, appears to understand hedyotos as contrasting proven their desire to convert because they saw in correspondence printed in that volume, with mumchim, but not to the exclusion of the holiness of the Torah and the just measures of offered that any serious conversion candidate talmidei chachamim. Shu”t Mahram Shick its laws and statutes were accepted as converts. could come to Yerushalayim and attempt (Yoreh Deah 248) also requires talmidei to pursue conversion with the Beis Din of chachamim for a beis din for geirus. See also 4 There is a dispute among rishonim as to what Yerushalayim. This edict was the forerunner Shu”t Binyamin Ze’ev 1:72. components of geirus are invalid even post to more expansive edicts later promulgated by facto if not performed in front of a beis din. Syrian Jews in the United States.

Find more shiurim and articles from Rabbi Michoel Zylberman at http://www.yutorah.org/Rabbi-Michoel-Zylberman

28 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Purim 5776