Ask any Orthodox Rabbi as to whether Jews who believe in Jesus are still halachically Jewish, and they will tell you that such people are Jews. In fact, it is impossible for a Jew to become a non-Jew. In fact, they warn potential converts of this fact. Once you get in this family, there is no way to get out.
Question: My sister was baptized and has since married and had a child. My mother claims the child is Jewish, but how could that be? If Judaism is a religion, if someone leaves it, she’s no longer Jewish, right?
Response: Logically, I would have to agree with you. If Judaism is a religion, then someone who doesn’t believe in the religion should be no longer Jewish. The reality, however, is that it doesn’t work that way . . .
. . . Based on the above statement of the Talmud, the Jewish Code of Law rules that a marriage between a Jewish man and a Jewish woman who “convert out” is completely valid. Therefore, their children are considered Jewish and could also marry other Jews.
Which brings us to your case, where a Jewish woman has joined another religion and married a non-Jew. In this instance, as well, since Jewishness is matrilineal, her children are considered Jewish. Apparently, Jewishness is about neither religion nor race.
Unlike a race, you can get in, but unlike religion, once you’re in you can’t get out. As with Achan, once you are a part of this people, you are the entire people. As Israel is eternal, so your bond with them is irreversible, unbreakable and eternal.
This is the right answer according to Jewish law. The exception is that someone who is converted as a child can renounce his or her conversion upon bar or bat mitzvah age. If they don't, it's impossible for them to stop being Jews.
Again, according to Daat Emet: The Secular Jew's Place in Halacha:
Thus wrote Rabbi Moshe Feinstein in his responsa, Igrot Moshe, Orach Chayim 4, paragraph 83: "...There is no way that a Jew can, according to Halacha, become a gentile; for there is a novelty in the concept that a gentile can become a Jew through conversion, which [could not be acceptable unless] the Torah taught about [it], but there is nothing in either the Written or the Oral Law which says that a Jew can become a gentile. He will always remain a Jew and holy as a Jew in his obligation to fulfill the commandments, marriage, and the pedigree of his children. Children of a mumar remain complete Jews."
A Personal Story
This has practical implications. I once knew a director of an Orthodox Jewish day camp which had both Jews and gentiles as members of the staff. Jewish members of the staff were not allowed to work between Friday evening and Saturday evening, since that would be a violation of the Sabbath.
The director found out something about one of the members of his gentile staff: while she was a Christian who did not identify as a Jew, she had a Jewish mother. Immediately after finding this out, the director confronted her and told her that she was not allowed to work on the Sabbath because she was a Jew.
The worker responded that she does not consider herself Jewish. The director says that it does not matter. She is a Jew, even if she is also a Christian.
Begging to Differ
One Conservative Rabbi begs to differ. While the Orthodox are convinced that Jews cannot become Gentiles, the Conservative congregations generally do believe that converts to Conservative Judaism can go apostate and become non-Jews. This rabbi uses U.S. Citizenship as an illustration, asking us to imagine three U.S. citizens who leave the United States, integrate into foreign culture, and plan seditious acts against their home country.
The ONLY time that Andy, Bert, or Charlie would ever lose their U.S. citizenship is if and when they accept the citizenship of another country, an act that usually voids their U.S. citizenship. Of course, both the U.S. and the State of Israel recognize dual citizenship in some instances with certain countries, but Judaism and the Jewish 'nation' do not recognize dual citizenship (dual religious loyalties) at all.
This is doubly false. First, the U.S. Bureau of Citizen Affiars clearly states that U.S. citizens can lose their citizenship without becoming citizens of another country.
A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship: appear in person before a U.S. consular or diplomatic officer, in a foreign country (normally at a U.S. Embassy or Consulate); and. sign an oath of renunciation.
Second, and more importantly, Judaism does recognize dual citizenship. Maimonides himself was a Muslim for a period in his life. He was the personal physician for Saladin, which probably explains a large part of his favoritism of Islam over Christianity. There are also many Jews who become Buddhists, Hare Krishnas (a form of Hinduism), or members of other tribal faiths. There are Jewiccans, who practice Wicca. There are Humanistic Jewish congregations, who practice the religion (and they do consider it a religion) of Secular Humanism. All of them are considered Jews.
Biblical Prooftexts
For biblical prooftexts, he cites Elijah:
And Elijah came near to all the people and said, “How long will you go limping between two different opinions? If the LORD is God, follow him; but if Baal, then follow him.” And the people did not answer him a word. (1 Kings 18:21)
I don't see how this is any evidence that a Jew can become a non-Jew. One only needs to read further:
Yet I will leave seven thousand in Israel, all the knees that have not bowed to Baal, and every mouth that has not kissed him.” (1 Kings 19:18)
Most of the people had gone apostate, and had become citizens of Baal worship. Yet they were still part of Israel. During most of the Tanakh history, the nation of Israel had been heavily involved in apostasy and idol worship. The crimes were so bad that the nation was sent into exile. Yet, the people were seen as sinning Jews, not as ex-Jews.
Rabbinic Prooftexts
From rabbinic tradition, he brings multiple prooftexts. We should keep two questions in mind when evaluating them:
1. Do they prove enough?
Do they say enough to make an adequate case that Jews who believe in Jewish are now Gentiles.
2. Do they prove too much?
Maimonides did consider belief in Jesus to be idolatry. The question is: did he consider this belief to make a Jew a non-Jew in a way that worship of nature (e.g. Wicca) does not?
Again, the Daat Emet article indicates that rabbinic tradition as as hostile to secular Judaism as it is to Jewish believers in Jesus.
Halacha's view of secular Jews is as criminals who must be excommunicated and thrown out of the Jewish community, and whose rights to participate in the community's ceremonies or pray to G-d must be revoked! This is exactly what Rabbi Abraham the son of Mordechai HaLevi (Egypt, 1650-1712) wrote (Responsa Ginat Veradim part one, rule two, paragraph 31):
"And to the evildoer G-d said, 'Who are you to recite My laws and mouth the terms of My covenant?' (Psalms 50:16). Since he followed his heart and the fear of G-d is not before him, what gains he from fulfilling the commandments and learning Torah? The apostates and heretics who fulfill commandments and learn Torah not only get no reward, they add insult to injury. About them the Scriptures say 'See, they reject the word of the Lord so their wisdom amounts to nothing' (Jeremiah 8:9). This is as one who dresses in kingly clothing to show the world that he is one of the king's men who follow his word and do his work, but he really rebels against the king. He will be surely punished for this trick of dressing himself up so."
In this essay we will see how the Jewish Halacha and laws forbid the secular person any access to Jewish culture, communal or ceremonial involvement. We wonder why the public which values democracy and critical thought has abandoned the wealth of Jewish culture to the Rabbinic-Charedi public which jealously guards its hide-bound rituals as unchangeable, which lives off the secular public and yet ridicules it, which sees this public as inferior and discriminates against it every chance it gets, on all Halachic issues.
Hilchot Mamrin 3 Halacha 1
Whoever serves false gods willingly, as a conscious act of defiance, is liable for כרת. If witnesses who warned him were present, he is [punished by being] stoned to death. If he served [such gods] inadvertently, he must bring a fixed sin offering.
Halacha 2
The gentiles established various different services for each particular idol and image. These services do not [necessarily] resemble each other. For example, Pe'or is served by defecating before it. Marculis is served by throwing stones at it or clearing stones away from it. Similarly, other services were instituted for other idols.
One who defecates before Marculis or throws a stone at Pe'or is free of liability until he serves it according to the accepted modes of service, as [implied by Deuteronomy 12:30]: "[Lest one inquire about their gods, saying,] 'How did these nations serve their gods? I will do the same.'"
For this reason, a court must know the types of worship [practiced by gentiles], because an idolater is stoned to death only when we know that [he has worshiped a false god] in the mode in which it is traditionally worshiped.
One who defecates before Marculis or throws a stone at Pe'or is free of liability until he serves it according to the accepted modes of service, as [implied by Deuteronomy 12:30]: "[Lest one inquire about their gods, saying,] 'How did these nations serve their gods? I will do the same.'"
For this reason, a court must know the types of worship [practiced by gentiles], because an idolater is stoned to death only when we know that [he has worshiped a false god] in the mode in which it is traditionally worshiped.
Halacha 3
The warning [forbidding] such worship and the like is the verse [Exodus 20:5] which states: "Do not serve them."
When does the above apply? with regard to services other than bowing, slaughtering [an animal], bringing a burnt offering, and offering a libation. A person who performs one of these four services to any one of the types of false gods is liable, even though this is not its accepted mode of service.
How is this exemplified? A person who offers a libation to Pe'or or slaughters [an animal] to Marculis is liable, as [implied by Exodus 22:19]: "Whoever slaughters [an animal] to any deity other than God alone must be condemned to death."
[Liability for performing the other services can be derived as follows:] Slaughter was included in the general category of services [forbidden to be performed to false gods]. Why was it mentioned explicitly? To teach [the following]: Slaughter is distinct as one of the services of God, and one who slaughters to false gods is liable to be executed by stoning. Similarly, with regard to any service which is distinct as one of the services of God, if a person performs it in worship of other gods, he is liable.
For [a similar reason, Exodus 34:14] states: "Do not bow down to another god," to teach that one is liable for bowing down [to another god] even when this is not its accepted mode of service. The same applies to one who brings a burnt offering or pours a libation. Sprinkling [blood] is considered the same as pouring a libation.
When does the above apply? with regard to services other than bowing, slaughtering [an animal], bringing a burnt offering, and offering a libation. A person who performs one of these four services to any one of the types of false gods is liable, even though this is not its accepted mode of service.
How is this exemplified? A person who offers a libation to Pe'or or slaughters [an animal] to Marculis is liable, as [implied by Exodus 22:19]: "Whoever slaughters [an animal] to any deity other than God alone must be condemned to death."
[Liability for performing the other services can be derived as follows:] Slaughter was included in the general category of services [forbidden to be performed to false gods]. Why was it mentioned explicitly? To teach [the following]: Slaughter is distinct as one of the services of God, and one who slaughters to false gods is liable to be executed by stoning. Similarly, with regard to any service which is distinct as one of the services of God, if a person performs it in worship of other gods, he is liable.
For [a similar reason, Exodus 34:14] states: "Do not bow down to another god," to teach that one is liable for bowing down [to another god] even when this is not its accepted mode of service. The same applies to one who brings a burnt offering or pours a libation. Sprinkling [blood] is considered the same as pouring a libation.
This is Maimonides' ruling on idol worship. Those who worship idols are liable to being "cut off" כרת (Karet) in the same way that those who eat regular bread during Passover are liable. I have heard different opinions from different rabbis on that topic. None of them say that it means that one ceases to be a Jew. Chabad defines Karet as "excision of the soul" and the Modern Orthodox rabbis I have known said that Karet is a shortening of one's life. Nothing here about an idolator being rendered a non-Jew.
Mishneh Torah, Avodat Kochavim: Halacha 5
A Jew who serves false gods is considered like a gentile in all regards and is not comparable to a Jew who violated another transgression punishable by being stoned to death. An apostate who worships false gods is considered to be an apostate with regard to the entire Torah.
Similarly, Jewish minnim are not considered to be Jews with regard to any matter. Their repentance should never be accepted, as [implied by Proverbs 2:19]: "None that go to her repent, nor will they regain the paths of life."
The minnim are those who stray after the thoughts of their hearts, concerning themselves with the foolish matters mentioned above, until they ultimately transgress against the body of Torah [law] arrogantly, with scorn, with the intent of provoking God's anger, and yet say that there is no sin involved.
It is forbidden to talk to them or to reply to them at all, as [Proverbs 5:8] states: "Do not come close to her door." [It can be assumed that] a min's thoughts are concerned with false gods.
Notice that those who are considered minnim are considered non-Jews. Since Maimonides had also ruled that anyone who denied the Oral Law's divine origin and authority are considered minnim, secular Jews and Reform Jews would be placed in exactly the same legal situation as Jews who believe in Jesus.
One might argue that Maimonides, the Karaites are to be respected as Jews, this is due to the fact that children of captivity are not liable for the same punishments for heresy. What's good for the goose is good for the gander. Jews raised to believe in Jesus, logically, are entitled to the same benefits.
Other Sources
I have not been able to track down the following responsa:
Responsa VII #292
Satmar Rav Divrei Torah on Yoreh Deah #59
Rabbi Moshe Feinstein, Even HaEzer volume 4 number 53
Radbaz, Responsa III, 415
Moses Isserles to Yoreh Deah 268.12
Hoffman, Melamed Leho-il II, 84
Without having the source, it is impossible to determine if the source says what this rabbi thinks it says. If I had to guess, the rabbi is misunderstanding the idea of a legal fiction.
A legal fiction is a fact assumed or created by courts which is then used in order to apply a legal rule which was not necessarily designed to be used in that way. One common legal fiction in the United States is where a corporation is considered, for legal purposes, to be a person. This does not mean that a corporation is literally a person.
Similarly, Jewish minnim are not considered to be Jews with regard to any matter. Their repentance should never be accepted, as [implied by Proverbs 2:19]: "None that go to her repent, nor will they regain the paths of life."
The minnim are those who stray after the thoughts of their hearts, concerning themselves with the foolish matters mentioned above, until they ultimately transgress against the body of Torah [law] arrogantly, with scorn, with the intent of provoking God's anger, and yet say that there is no sin involved.
It is forbidden to talk to them or to reply to them at all, as [Proverbs 5:8] states: "Do not come close to her door." [It can be assumed that] a min's thoughts are concerned with false gods.
Notice that those who are considered minnim are considered non-Jews. Since Maimonides had also ruled that anyone who denied the Oral Law's divine origin and authority are considered minnim, secular Jews and Reform Jews would be placed in exactly the same legal situation as Jews who believe in Jesus.
One might argue that Maimonides, the Karaites are to be respected as Jews, this is due to the fact that children of captivity are not liable for the same punishments for heresy. What's good for the goose is good for the gander. Jews raised to believe in Jesus, logically, are entitled to the same benefits.
Other Sources
I have not been able to track down the following responsa:
Responsa VII #292
Satmar Rav Divrei Torah on Yoreh Deah #59
Rabbi Moshe Feinstein, Even HaEzer volume 4 number 53
Radbaz, Responsa III, 415
Moses Isserles to Yoreh Deah 268.12
Hoffman, Melamed Leho-il II, 84
Without having the source, it is impossible to determine if the source says what this rabbi thinks it says. If I had to guess, the rabbi is misunderstanding the idea of a legal fiction.
A legal fiction is a fact assumed or created by courts which is then used in order to apply a legal rule which was not necessarily designed to be used in that way. One common legal fiction in the United States is where a corporation is considered, for legal purposes, to be a person. This does not mean that a corporation is literally a person.
Similarly, one has to distinguish between the rabbinic view that Jewish Christians (and all non-Orthodox Jews) are to be considered as though they were Gentiles i.e. having no special Jewish privileges, and the idea that such Jews actually become Gentiles. Certainly one can support the former in rabbinic tradition, even though it never had unanimous consent. The latter, though, is the subject of this post.
Brother Daniel
This issue gets further confused with the Brother Daniel case in Israel. The short version of the story: a Jew who was sheltered by a Catholic family during the Holocaust became a Catholic. When Israel was formed as a nation, they had this Law of Return, where anyone whose mother or father was Jewish could receive immediate Israeli citizenship.
Brother Daniel tried to gain citizenship under this law and was denied it because he was a Catholic. Brother Daniel then obtained citizenship through naturalization. This was due to a ruling by a secular court, and has no bearing on Orthodox Rabbinic Law. In short, it is an Israeli law, not a Jewish law.
In fact, the Chief Rabbinate of Israel believed that Brother Daniel should have been allowed to make Aliyah under the Law of Return, but it was the secular court that decided against it.
Brother Daniel
This issue gets further confused with the Brother Daniel case in Israel. The short version of the story: a Jew who was sheltered by a Catholic family during the Holocaust became a Catholic. When Israel was formed as a nation, they had this Law of Return, where anyone whose mother or father was Jewish could receive immediate Israeli citizenship.
Brother Daniel tried to gain citizenship under this law and was denied it because he was a Catholic. Brother Daniel then obtained citizenship through naturalization. This was due to a ruling by a secular court, and has no bearing on Orthodox Rabbinic Law. In short, it is an Israeli law, not a Jewish law.
In fact, the Chief Rabbinate of Israel believed that Brother Daniel should have been allowed to make Aliyah under the Law of Return, but it was the secular court that decided against it.
Conclusion
There simply is no consistent basis in rabbinic tradition to say that Jews who believe in Jesus become non-Jews. Nor is there any basis to say that such Jews are cut off in a way that Jewish Muslims, Jewish Buddhists, Jewish Atheists, and Jewish Wiccans are not.
Furthermore, since most Jews are not raised Orthodox, Jewish law considers such individuals to be children of captivity. This means that the harsh injunctions do not apply to these groups. Again, what's good for the goose is good for the gander. If people raised as secular Jews get the captivity exemption, then Jews who were raised to believe in Jesus should get the same treatment. Since the only people who do not get the captivity exemption are those raised as Orthodox Jews, it follows that Jews raised secular who later believe in Jesus are just as subject to the captivity exemption as when they were secular.
Furthermore, since most Jews are not raised Orthodox, Jewish law considers such individuals to be children of captivity. This means that the harsh injunctions do not apply to these groups. Again, what's good for the goose is good for the gander. If people raised as secular Jews get the captivity exemption, then Jews who were raised to believe in Jesus should get the same treatment. Since the only people who do not get the captivity exemption are those raised as Orthodox Jews, it follows that Jews raised secular who later believe in Jesus are just as subject to the captivity exemption as when they were secular.
One can also look at the issue logically. Orthodox Judaism does not consider Christianity in any form to be idolatry for a Gentile (and a few of the sages don't consider it idolatry for a Jew), nor is a Gentile under any obligation to any of the 613 commandments, but only to the 7 laws of Noah.
First, the rabbinic idea of shituf would make no sense if a Jew could become a non-Jew by believing in Jesus. Shituf, in rabbinic tradition, is a special category reserved for Christian theology. It is considered idolatry for a Jew but not idolatry for a non-Jew. If a Jew becomes a non-Jew by believing in Jesus, then it would be impossible for anyone to commit the sin of idolatry by worshiping Jesus. This would contradict all of the rabbi's prooftexts from Maimonides that worship of Jesus is idolatry for a Jew.
First, the rabbinic idea of shituf would make no sense if a Jew could become a non-Jew by believing in Jesus. Shituf, in rabbinic tradition, is a special category reserved for Christian theology. It is considered idolatry for a Jew but not idolatry for a non-Jew. If a Jew becomes a non-Jew by believing in Jesus, then it would be impossible for anyone to commit the sin of idolatry by worshiping Jesus. This would contradict all of the rabbi's prooftexts from Maimonides that worship of Jesus is idolatry for a Jew.
Second, if it were the case that a Jew who believes in Jesus literally became a non-Jew, then any Orthodox Jew who is tired of following the detailed, micromanagement of the rabbis could simply exempt himself by becoming a Christian. Think of the kind of leverage that would give Christian missionaries! In fact, if Orthodox Judaism were to hold to such a view, I would recommend that Christian missionaries target Orthodox Jewish communities and say the following:
"I know that many of you Orthodox Jews are tired of holding to such a detailed system of Jewish Law. Your diets are so restricted that you can't eat at most restaurants. Kosher food is expensive and not as good as non-kosher food. You get constipated every Passover and have to go through all that trouble of cleaning your kitchen. You can't eat or drink on various fast days, which can be physcially painful. And you're constantly under the heel of your rabbi, having to do whatever he tells you.
"How would you like to be freed from that? I know that many of you would like to go off the derech and do what you want, but fear divine judgment. But under Orthodox Jewish Law, if you join our church, you are fully exempt and can live under the 7 Laws of Noah without fear of reprisal even if we are wrong! So if we are right, it is in your best interest to get baptized and join us. And even if we are wrong, it is still in your best interest to get baptized and join us!"
So yeah. If Jews who believed in Jesus became non-Jews, it would be the most amazing gift to Christian Missionaries who deal with Jews.
Finally, if someone still wants to say that a Jew who believes in Jesus becomes a non-Jew. Ask them if such a person can become a valid Shabbos goy. The Halacha is very clear that they cannot (ask any Orthodox rabbi if you doubt me). Why not? It is permitted for a Gentile Christian to be a Shabbos goy, so their belief in Jesus cannot invalidate them. So what is the reason? It's because such a person is still a Jew!
Finally, if someone still wants to say that a Jew who believes in Jesus becomes a non-Jew. Ask them if such a person can become a valid Shabbos goy. The Halacha is very clear that they cannot (ask any Orthodox rabbi if you doubt me). Why not? It is permitted for a Gentile Christian to be a Shabbos goy, so their belief in Jesus cannot invalidate them. So what is the reason? It's because such a person is still a Jew!
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