[Avodah] Tinok Shenishba

[Daniel Eidensohn]

Received this from Dr. Josh Backon with permission to forward to Avodah

TINOK SHENISHBA: SOMEONE WHO KNOWS NOTHING ABOUT JUDAISM



   *Tinok shenishba* is discussed in the gemara in Shevuot 5a
   and Shabbat 68a,b; Rambam Hilchot Shegagot 7:2 and Hilchot
   Mamrim 3:3.

   Carefully read the definition of *tinok shenishba* as
   codified by the Rema YD (Hilchot Ribit) 159:3 "she'eino yode'a mitorat
   yisrael KLAL" [emphasis mine}; the Chazon Ish YD 2 s"k 16; the
   Binyan Tzion 23; the Melamed l'Ho'il Orach Chaim 5; and even the
   Iggrot Moshe OC 33 [the last three deal with Mechalel Shabbat
   b'Farhesia and concede that today it may be considered
   b'Tzin'a rather than b'farhesia if it's done for $$$].  But a very
   careful reading of all the above does NOT include the one who
   intermarries as *tinok shenishba*. And the Chazon Ish simply refers to
   not carrying out (20th Century) of *moridim velo ma'alin*

   And even with regard to a *tinok shenishba*, there is no prohibition
   of *ona'at devarim* [Rema in Choshen Mishpat 228;1]; there is
   permission to denigrate him [Chafetz Chaim 4:7]; there is no concern
   for his degradation [Chochmat Shlomo ORACH CHAIM 311]; and there
   is a prohibition to honor him [Shaarei Tshuva 3:189].

   And that's for a *tinok shenishba* [someone who grew up without ANY
   knowledge of Judaism whatsoever].

   ·Now we come to the heavy artillery: the definition of an *apikorus*.
   The Meiri in Sanhedrin 90a defines an apikorus as one who doesn't follow
   the Oral Law and one whose rulings cause others to sin ["v'chen
   machti'im ha'rabbim afilu l'dvarim kalim"]. He also explains the
   phrase *megaleh panim batorah shelo k'halacha"  as one who uproots
   a mitzva by explaining it allegorically. The Yerushalmi in Peah 5a
   explains the phrase as someone who denies TORAH MIN HA'SHAMAYIM
   [God giving the Chumash  verbatim to Moses at Sinai].


   The Tshuvat HA'RASHBA VII 179 in the name of Rabbenu Yonah states that
   someone who willfully volates the sabbath or who doesn't believe in
   *divrei Chazal* [the Oral Torah] is a MIN and his touching wine places
   it in the category of Yayin Nesech [prohibited to drink] (see also
   the Nekudot haKesef YOREH DEAH 124]. The Mishna Brura 55 #47 writes
   that anyone who doesn't believe in the authority of the Oral Law can't
   make a *minyan* or can't serve as a chazan [Mishna Brura 126 #2] (see
   also the Biur Halacha 216 d"h "hamevarech apikorus").


   Translation: we have seen how the Conservative clergy have made a
   mockery out of Judaism by abolishing many Toraitic commands: prohibition
   of marrying a Cohen with someone who was divorced; mamzerut; driving
   on shabbat; and many prohibitions of the Oral Law (mixed seating;
   integral parts of Taharat haMishpacha; changing text of prayers;
   permitting stam yeinam; and dozens of other violations.

   There can thus be no prohibition of lashon hara relating to their
   activities.



Josh
backon at vms.huji.ac.il