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CCAR RESPONSA

New American Reform Responsa

132. A Black Jew and Falashas

QUESTION: A young black woman who has attended services regularly and studied Judaism in the customary introductory course has stated that she wishes to be considered as Jewish in accordance with the Reform decision on patrilineal descent. She claims that her forbears were Falashas and states it unnecessary and inappropriate for her to go through a conversion ceremony. (Joanne Freeman, Pittsburgh PA)ANSWER: Let us begin by taking a careful look at the resolution passed by the Central Conference of American Rabbis in 1983. “The Central Conference of American Rabbis declares that the child of one Jewish parent is under the presumption of Jewish descent. This presumption of the Jewish status of the offspring of any mixed marriage is to be established through appropriate and timely public and formal acts of identification with the Jewish faith and people. The performance of these mitzvot serves to commit those who participate in them, both parents and child, to Jewish life. “Depending on circumstances, mitzvot leading toward a positive and exclusive Jewish identity will include entry into the covenant, acquisition of a Hebrew name, Torah study, Bar/Bat Mitzvah, and Kabbalat Torah (Confirmation). For those beyond childhood claiming Jewish identity, other public acts or declarations may be added or substituted after consultation with their rabbi.” From what I have gathered from conversations after the initial question, the parents of this young woman consider themselves to be Christians and she, herself, was raised in a Baptist community. In her mother’s family, there was a family tradition of descent from African nobility which the daughter has interpreted, because of some customs about which she is rather vague, as descent from the Falashas. The closest parallel to this would be if we looked at the Spanish-Jewish family which did not preserve its Marrano traditions, and only had a vague memory of the Marrano past, but in every way was thoroughly identified with the Catholic Church. In those instances when no memory at all of the Jewish past remained, the decision was that such individuals could not be considered as Jews or as returning apostates, but should be treated as converts. There is some unclarity about this depending on how far from the original Jewish generation the descendants were and whether the maternal line remained “Jewish.” We have five different categories. (1) Apostates were Jews who had sinned but, nevertheless, remained Jewish (Isaac ber Sheshet; Simon ben Zemah of Duran but on some occasions he did not grant this status; Solomon ben Solomon; Zemah ben Solomon). (2) Those who considered the apostate as Jewish only in matters of matrimony (and so their offsprings were Jewish), but not in any other area (Samuel de Medina). (3) Marranoes (anussim) were non-Jews in every respect including matters of marriage; their children were not considered to be Jews (Judah Berab, Jacob Berab, Moses ben Eliea Kapsali, etc.). (4) An apostate was worse than a Gentile (ben Veniste, Mercado ben Abraham). (5) Descendants of the Marranoes who have been baptized were like Jewish children who have been taken captive by non-Jews, and their children are Jewish (Samuel ben Abraham Aboa). A full discussion of the problem may be found in H. J. Zimmel’s Die Marranen in der Rabbinischen Literatur pp 21 ff. One extreme position was held by Solomon ben Simon Duran (Rashbash Responsa #89) who felt that not only the apostate but also the children would continue to be considered Jewish forever into the future as long as the maternal line was Jewish. He also felt that nothing needed to be done by any generation of such apostates when they returned to Judaism. No ritual bath or any other act was considered necessary or desirable. In fact, he emphasized that no attention be given to their previous states, for that might discourage their return. Rabbenu Gershom earlier similarly urged the quiet acceptance of all who returned to Judaism (Mahzor Vitry pp 96, 97). The other extreme has been presented by Hai Gaon as cited in a slightly different fashion by Rashi (in his commentary to Kid 68b and Lev. 24.10). He felt that any returning apostate, or the children of a Jewish mother who had apostatized, were potentially Jewish but had to undergo a process akin to conversion if they wished to become part of the Jewish community. That point of view was rejected by most later scholars, as for example, Nahmanides (in his commentary to Leviticus 24.10; Shulhan Arukh Yoreh Deah 268.10 f; Ezekiel Laudau Noda Biyehudah #150, etc). We, therefore, have two opposing positions in rabbinic literature; both, of course, represented reaction to particular historic conditions. Solomon ben Simon of Duran wished to make it easy for a large number of Marranoes to return to Judaism; unfortunately this did not occur. Even when it was possible for Jews to leave Spain, the majority chose to remain. Rashi’s harsh attitude probably reflected the small number of apostates who were a thorn in the side of the French community. The later tradition chose a middle path and encouraged the apostates return along with some studies, but without a formal conversion process. Even if an apostate indicated no desire to return to Judaism, he would, nevertheless, be considered as part of the Jewish people (San 44a). In this instance we are very far removed from any Jewish identity even if we take the reference to “noble lineage” in a family tradition as one which alludes to the Falashas. There certainly was no continuous maternal “Jewish” line. My investigation of the origin of American Negroes and the African slave trade to North America, the Caribbean and Central America indicates that virtually all the slaves came from the West African Coast or the hinterland immediately behind it. Occasionally captives were transported a greater distance but the cost of such transportation and the difficulties inherent in a long march over land made this the rare exception. There is no known record of individuals from as far as Ethiopia having been transported to North America nor is there any Falasha tradition of members lost to the Western slave trade. That, of course, does not mean that there might not have been an isolated incident, however, the likelihood is very small. Clearly it will help the Jewish identity of this Black woman if she considers herself from a Falasha tradition even though that can never be proven. However, her current affiliation with the Jewish community must occur through a conversion as any other convert. We will then gladly accept her into our community.January 1988

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