25th 16th of Nisan Hovham Pesach Tashpad
in honor of
The distinguished attorney dealing with the regulation of the recognition of private conversions for residency purposes.
Greetings!
I accede to your request and clarify the halachic policy, which is used in the courts and in the formations that I chair, I did not come here to extend the reasoning and the halachic sources, they are written and explained well, in all the books I have written and in the articles that I publish from time to time dealing with matters of conversion, each and every law is reasoned And justified according to the great judges from the time of the Talmud to the present day, here I have only come to explain briefly the foundations of the law, from which it is also clear the distortion of the Halacha of the Chief Rabbinate, which has changed its face and adopted an extreme way, and the torture of the law carried out as a result by the Ministry of the Interior.
Until Atara is returned to its former glory, and the rabbinate will be the chief rabbinate of Israel as its name, and not a sectoral and sectorial chief rabbinate, we will have to continue our work, as we were commanded in a place where there are no people, try to be no one.
I have tried in this short article to be your friend, for your benefit, as what I have received from heaven, it is clear that there is only an extract here, and each case is discussed on its merits, because the judge has nothing but what his eyes see.
Greetings Rabbi Haim Amsalem Abd
Who deserves to be accepted for conversion?
This is clear and it is agreed that conversion, which is joining the Jewish people, is an action that must come from a sincere and true intention to be an inseparable part of the Jewish people and openly and brilliantly bear the title "Jew" and as stated in the verse "And in the name of Israel shall dwell", and this is the essence of Judaism according to the words of the Rebbe of Lublin in the book Tzadkat HaTzadik.
This desire to be Jewish provided that it is accompanied by the actions required for conversion, the act of conversion and entry into Judaism.
It is explained in the law of conversion, that it is required a word by a person, the acceptance of the mitzvot either by a man or by a woman and baptism before a third person who serves as a judge of a convert.
Even though the word and the baptism are from the Torah, compared to the acceptance of the mitzvot which it prompts, in fact it is not possible to convert if one of these elements is missing, and a conversion that lacks a word or baptism is not valid.
Unlike receiving the mitzvot, which is actually a notification of some mitzvah by a court and the understanding of the meaning that emerges from that notification, that is, you heard the conversion and becoming a Jew apply to the person who converts from the Torah commandments, and is considered a Jew for everything as well as regarding reward and punishment for the mitzvot.
It is customary in Israel that the person who comes to convert prepares himself for the conversion, with a general and basic knowledge of the commitment required of the immigrant, and the court talks with the immigrant about his knowledge. Mitzvot", and in that situation the meaning of his entry is clarified to him as above.
And if he understood well and gave his consent to this, and the tribunal was convinced and accepted the words, when the immigrant is asked to say in full what the tribunal orders him to say, [of course the wording is about accepting the mitzvot, and not a commitment, those who ask the immigrant to undertake to fulfill all the mitzvot, not only are they wrong in understanding the concept of receiving the mitzvot, but they fail him with a statement that sometimes he did not exactly mean it, and is often impossible, since "there is no righteous man in the land who will do good and not sin"], in the Shulchan Aruch (Yod C. Rasach), no mention was made of any A wording for the same acceptance of the mitzvot, the Rambam (in the Laws of the Prohibitions of Biya) expanded and even wrote that it is valid to migrate even if the Garr of the mitzvot is not informed, whoever is baptized before the Third, that is, who has voluntarily accepted to be a Jew, and is baptized before them for the sake of Judaism, thereby becoming a Jew according to his laws and his affairs.
The rabbi of the Shulchan Aruch ruled that if he was baptized in the name of Judaism, with the general knowledge that every Jew has a burden and duty to observe the mitzvot, and reward and punishment and did not go into many details with him, in retrospect the conversion is valid, if the other components were word and baptism.
Of course, it is appropriate and desirable that everyone who joins the Jewish people, when the time comes, is careful and meticulous in light and severe mitzvot, God willing, but the historical experience over thousands of years teaches us that this was not the case, that the majority of Grimm are not really pious in keeping the mitzvot, and sometimes when they assimilate they even influence the rest of the Jews, and of all Where courts in Israel have never refrained from accepting them.
Cancellation of conversion
It is clear to all opinions that conversion is an absolute and final concept, Judaism has the possibility of entry but not the possibility of exit, his repentance or withdrawal from observing a mitzvah, it has no power to cancel his conversion, which is the law of the convert according to the law of Israel, "and Israel even though Israel's sin is", likewise it has no power A court is as important as it is to decide to cancel the conversion of another court, even if in its opinion it was not appropriate to convert in this case, or in similar cases.
Halachically, also in the opinion of those who believe that from the beginning there must be a strict adherence to the immigrant's knowledge, or that there is certainty that he intends to observe a mitzvot as much as possible, he also admits that if another court decided to convert, and a convert by a deserving convert would have a valid migration, there were very few cases that were consumed by my sages. Israel to cancel a conversion retroactively by finding an excuse in the conversion process itself, and this in order to save a woman from the shackles of her moorings and the like.
Hence, even if it turns out after the migration that the convert does not really keep the mitzvot, the conversion is valid, the issue of keeping the mitzvot is a result of the act of conversion, but it is not a condition for conversion, he asked the court and pledged his face to be a Jew, and that no one can revoke.
Decisions to convert are made mainly according to the discretion of the proselyting court, as defined by Baal Ha Shulchan Aruch in Sefer Beit Yosef "everything is as the eyes of the court see it."
Just as it is not possible to cancel a conversion according to the Halacha. It is not possible to deny the validity of a conversion, or not to recognize it, for legal or political reasons and the like.
Each court and court in every place has adopted its own methods of conversion, some have made it very strict, to the point of avoiding conversion, some have made a distinction between those who come to convert in the community, or those who come from another community with a conversion document in hand, some have preferred to send the applicant for conversion, to the house Another law is more lenient, some have made a stricter distinction between conversion abroad and conversion in the Land of Israel. In short, each sovereign court decides on a conversion policy according to its discretion.
In places that used to make it difficult for the converts, what did the converts do, they went to other places and thus sought to solve their problem, so the local courts turned a blind eye, and although they are not strict about their halachic status, and the converts are kosher Jews, in any case they are not always welcome in the community.
In truth, not accepting a convert who has already converted in a court of law (kosher) in another place is a perversion of law, and with the immigrants it is a humiliation and a disservice to the convert and a torture of law. Sages greatly aggravated the affairs of the Hagar, which the Torah warned about in 36 places, and about the torture of the law and the perversion of the law, which we both mentioned in the treatise Avot Harev comes to the world and the word comes to the world.
Converts in our time encounter two walls that are distorted and punishing, first in the halachic establishment, which has assumed a monopoly and refuses to recognize converts who are not through it. And secondly, in the Ministry of the Interior, who appointed himself a minister and a judge to check and fumble with the convert in order to fail him, when it is known that most of his officials themselves are not observant, but they act as if the political connection between the ultra-Orthodox establishment and the political control of the Ministry of the Interior is almost direct.
The status of the private court
In terms of the Torah and the Halacha, all 3 scholars who are proficient in teaching and their craft are worthy of the convert who comes before them and asks to convert, and after the act of conversion, his halachic status is exactly the same as any conversion made in Israel since before, including by the rabbinate.
The Chief Rabbinate is wrong in the approach it adopted only in the last decades, which is the approach of the stricter ultra-Orthodox world, and by not recognizing the conversion of others, the Chief Rabbinate is supposed to cause Judaism to fall in love with its hands, to draw closer and not further away, to prevent assimilation and not increase it, to provide a solution to the most serious problem, and not to create even more A difficulty that is not due to the law, the cry of those seeking conversion and their desperation, the sky has long risen, but it has no answer and no listening ear from those who hold the throne of power. We should not exaggerate the corruptions arising from this approach of the establishment system, which is entrenched in its positions and ignores the ruling tradition that was practiced in Israel in the past.
There are many considerations in our time that inevitably lead us to adopt the sane middle path which is the golden path in conversion, for the benefit of Klal Yisrael, and even if this path is not agreed upon on everything, what's the point? There is no need to criticize those who have adopted the strict way, as their way is very harmful to all of Israel, and its destructive effect on Diaspora Judaism, and even worse, we have learned "When it is time to do God's work, break your Torah", especially when those who come and seek to convert have a sincere intention to be part of the Jewish people , and even if they initially had a reason for bringing you, and their desire did not stem only from a righteous and pure will, mmm if it appears to the court to accept them, and their acceptance of what they did is done without doubt, this is how we were taught thousands of years ago by the elder Hillel in accepting the immigrants.
Even if the rabbinate in Israel was like the status of the great court of law in the Gazit Chamber, (and it is as far from that as east is from west) it does not have the power to disagree with all the greats of the generations, and with the ruling tradition that was practiced in Israel in the chief rabbinate itself, or to change it to extreme severity according to the current ultra-Orthodox spirit.
There will probably be no escape from involving the legal systems in Israel, to bring the case to justice, and where there are no people, he tried to be a man, because on the Dalit website, it was a matter of judgment.