CARR 242-245

CCAR RESPONSA

Contemporary American Reform Responsa

162. Congregational Membership for a Non-Jewish

Spouse*

QUESTION: Should we reinstitute the ancient category of

semiproselyte known in the Talmudic literature as yirei adonai, ger toshav and ger

shaar? Would this be a way of solving the problem of non-Jewish spouse whose Jewish

husband or wife belong to our congregations while they, as non-Jews with a considerable interest

in Judaism, have either no status or a status which has not been properly and clearly defined?

Would this ancient Talmudic category help us with our modern problems? What kind of status

should be granted to such an individual? (Rabbi G. Raiskin, Burlingame, CA)ANSWER:

The problem of the non-Jewish spouse is a serious one in many congregations. Every effort

toward a solution deserves our attention and consideration. We should begin by looking at the

Talmudic categories, yirei adonai, gerei toshav and gerei shaar, and try to

understand their precise meaning. What rights, if any, did individuals in each category possess?

How were they treated in the Temple, in the synagogue, by Jewish courts, etc.? The

general question of conversion to Judaism has been well treated by a number of our colleagues

(J. Rosenbloom, Conversion to Judaism, Cincinnati, 1978; H. Eichorn, Conversion to

Judaism, New York, 1965; B. Bamberger, Proselytism in the Talmudic Period, New

York, 1939; W. Braude, Jewish Proselyting in the First Five Centuries of the Common

Era, Providence, 1940). These volumes indicate that conversion to Judaism has continued

through the centuries. They discuss what was expected of the convert, motives which led to

conversion, and the way in which converts have fit into the general community. Relatively little

space in these volumes is given to our categories, which existed for only a few centuries. These

categories play no role in rabbinic literature after the Talmud, and when these terms are

used they are synonymous with benei noah, in other words, a Gentile who had accepted

basic human morality and was no longer a pagan. The terms also designate individuals who had

adopted certain Jewish thoughts in the post Talmudic period. No special status has been

accorded to them (S. Zeitlin, “Proselyte and Proselytism,” Harry Wolfson Jubilee

Volumes, Vol. 2, pp. 587 ff; see also A. Bertholet, Die Stellung der Israeliten und der

Jüden zu den Fremden, Leipzig, 1896). If we follow the generally accepted view,

individuals characterized by these designations seem to have fallen into four categories during

the Mishnaic and early Talmudic period: 1. A theoretical designation which indicated

how the rabbis would have liked to treat resident aliens (gerei toshav) in Israel (M.

Gerim 3.1; A. Z. 64b; San 56a ff; Arak. 29a). 2. Individuals who were on their way to

becoming full proselytes but had not yet fulfilled all the conditions. In other words, they may have

undergone immersion or circumcision, but not yet brought the mandatory sacrifice in Jerusalem

before the destruction of the temple (Moore, Judaism in the First Centuries of the Christian

Era, Vol. I, pp. 330 ff; Mishnat R. Eliezer, p. 374; Juvenal, Satire, XIV, 96

ff). 3. Individuals who were married to Jews, accepted basic Jewish morality and

religious thought, but for a variety of reasons were unwilling to undergo complete conversion.

Usually this category seemed to consist of husbands of women who had become Jewish and

were unwilling to follow as this entailed the difficult operation of circumcision. Other reasons may

also have been operative. 4. Individuals who had accepted some of the ethics and

morality of Judaism and left their ancient pagan beliefs, in other words, a synonym for benei

noah (A. Z. 64a; Pes. 21a; Ker. 8b; Hul. 5a; Meg. 13a; Philo, Contra Apion; Josephus,

Antiq. 20.8.7; Wars 2.18.2, 7.3.3). One scholar, Solomon Zeitlin, felt

that these categories did not exist at all. The terms merely designated Gentiles who were no

longer idolaters but in no way semi-proselytes (Zeitlin, op. cit.). For the

purposes of our discussion, we can forget the first two categories. As we turn to the remaining

category, we must first ask about the status of these individuals within the Jewish community. It

is clear from a wide variety of statements that they were considered on a level above pagans,

but did not possess the status of full converts or Jews; they had no official status in either the

synagogue or a Jewish court and were considered non-Jews in virtually all legal matters (Gerei

Toshav, Encyclopedia Talmudit, Vol. 6, pp. 290 ff). They could bring sacrifices at the

Temple, but so could any pagan who wished to do so (Schurer, A History of the Jewish

People in the Age of Jesus Christ, revised by Vermez, Millar and Black, Vol. 2, pp. 309 ff).

The fact that they had taken this step was recognized and praised; there was the hope that they

might go further, but until this occurred, no real change of status was conferred. These

designations ceased to exist with the end of the pagan period. After the majority of the

neighboring people had become Christians, or later, followers of Islam, most individuals known

to Jews were benei noah and could be designated by the synonyms, yirei adonai, ger

toshav, and ger shaar. The special categories, therefore, became

meaningless. If we nowadays accorded these designations to our Christian friends,

they would provide no special status in the synagogue but simply recognize the ethical and moral

teachings of their religion as akin to our own which we have done anyhow. A revival,

therefore, of the Talmudic categories of yirei adonai, ger toshav, and ger shaar

would not achieve the goal desired or solve the problem of the non-Jewish spouse. It is not

likely that a revival of a special designation which carries no appropriate historical overtones

would help us. It would probably only confuse matters and place the non-Jewish partner in a

doubtful position. We, therefore, recommend that the membership section of the constitution and

the constitutions of the auxiliary bodies, such as Brotherhood and Sisterhood, read as

follows: Membership in our congregation is limited to Jews and Jewish families. A

non-Jewish partner is welcome to the fellowship of the congregation and is encouraged to

participate in all of its activities; however, the non-Jewish spouse may not serve on on the Board,

hold office, become chairman of any committee or have the privilege of voting at congregational

or committee meetings.October 1983

If needed, please consult Abbreviations used in CCAR Responsa.