[Avodah] [Areivim] Tinok Shenishbah today - opinion of Gedolei Hap oskim

[kennethgmiller at juno.com]

R"n Chana Luntz wrote:
> In general, as I have said before, the question of tinok
> shenishbah comes up halacha l'ma'ase most commonly in
> three situations:
> a) can a non frum man be counted in a minyan?;
> b) can a non frum man be given an aliya?; and
> c) can a non frum kohen duchen?

I'd add a few more:

d) Can I cook for a non-frum Jew on Yom Tov?

e) Can I offer food to a Jew who presumably won't make a bracha on it?

f) IIRC I've seen this question regarding tenants and an Eruv Chatzeros

AIUI, this question applies to *any* case where a special privilege or status is granted to a fellow Jew. A sinner does not behave like a Jew and therefore forfeits that privilege or that status. Following that logic, I've seen cases where such sinners are denied the privilege of being buried in a Jewish cemetery, or even being the recipient of other chesed.

On the other hand, I have not (or have only rarely) seen cases of treating our non-from brothers so harshly. Unless I'm mistaken, this is NOT because the halacha allows these things for a sinner -- it is because nowadays we do not treat these people as sinners.

(PS: Vocabulary note: I have used the word "sinner" here because it is deliberately vague. I don't want to get sidetracked into a discussion of what kind of sinner is in which category, such as merely "l'tayavon" or full-blown "l'hachis". Wherever you want to put that line, I'm simply mentioning which mitzvos it will be relevant to.)

Akiva Miller

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