JRJ, Fall 1986, 69-70

RETURN TO JUDAISM OF A BAPTIZED JEWISH GIRL

Question: A student in this year’s Confirmation Class has a brother who is a “Jew for Jesus.” Her mother, although born Jewish, practices Christianity. This girl was privately baptized when she was five. The father is committed Jewishly and wants his daughter confirmed. Under what conditions can we confirm this girl? (Rabbi M. Feinstein, San Antonio, TX)

Answer: It is clear that we have a confused religious situation in this family, as every member seems to be going in a different direction. It is, therefore, necessary to ascertain whether this young girl and her father are sincere in their motivations, or whether her interest in a confirmation at the synagogue represents part of a family quarrel. If we are certain about this, then we should approach the young woman as an adult and ask for an affirmation of her Judaism, a declaration of chaverut, as for any repentant apostate.

Most of the traditional material that discussed apostates is only peripherally relevant, as it dealt with those who converted under duress. Here the conversion of the mother and the baptism of the child were voluntary acts. Those converted under duress should be permitted to return to Judaism in as simple a manner as possible.

In cases of duress, such individuals are readmitted to the Jewish community (and we must remember that this was a corporate com- munity, not merely a congregation) without any action on their part except their desire to rejoin the Jewish community. No ritual bath or anything else is necessary. This is the law as finally stated in the Shulchan Aruch (Moses Isserles to Shulchan Aruch, Yoreh De-a 268:12; Abraham Gombiner, Magen Avraham to Shulchan Aruch, Orach Chayim 326). These thoughts were based upon a verse in Jeremiah 3:22, “Return you recalcitrant children.” This biblical statement, as well as similar talmudic statements, were cited by Elijah Gaon of Vilna in his discussion of the above mentioned passages of the Shulchan Aruch.

It was generally felt that one should not embarrass such unfor- tunate individuals and should make it easy for them to return to the Jewish community. So Rabenu Gershom, who lived in the Rhineland in the 11th Century, felt that one should simply admit such individu- als and not in any way remind them of their previous apostasy (Machzor Vitry, pp. 96ff). Solomon ben Simon, Duran (responsum 89), also felt that no ritual bath or any other act was required. These thoughts were incorporated by Joseph Caro in his Beit Yosef (to Tur, Yoreh De-a 268).

However, in instances where the apostasy was not under duress and where the apostate may have caused considerable trouble to the community, then a process akin to conversion was demanded (Hai Gaon in Aderet, Responsa VII #292; Rashi to Kid. 68b and Lev. 24:10). At the very least, a ritual mikveh was demanded (Moses Isserles to Shulchan Aruch, Yoreh De-a 268.12) as well as a promise to become an observant Jew before three witnesses (Joseph Ibn Habib to Alfasi, Yev, chap. 4). Examples of this more demanding point of view may be found in Zimmel’s Die Marranen in der rabbin- ischen Literatur.

The young lady involved in this instance does not quite fall into either historic category. She was not converted under duress. On the other hand, she is also not an apostate who left us and caused us any problems. We, therefore, recommend a middle road. We would admit her with a simple ceremony, which will impress the seriousness of her decision on her and formally make her part of the Jewish community. Whether immersion in a mikveh is desirable will depend on the traditions of the community.

 

Walter Jacob, Chairman

CCAR Responsa Committee