[Avodah] [Areivim] Tinok Shenishbah today - opinion of Gedolei Haposkim

[Chana Luntz]

RDB writes:

> They are not Tinokos Shenishbu because, to quote RMF in Even HaEzer:
> 
> "They (Reform) are not at all to be considered Tinokos Shenishbu since
> they
> see many Shomrei Torah and Mitzvos, and see also Radbaz that there is
> almost
> no such a thing"

Rav Moshe is an interesting case, because he holds of a half way house -
between tinok shenishbu and rashaim gemorim - at least in relation to those
who are not Reform or Conservative rabbis.  He holds that today, such people
are to be considered as people who sin out of desire for parnasa or other
ta'avas - ie l'ta'avon rather than l'chachis.  On this basis he allows the
giving of aliyos to such people (excluding Reform or Conservative Rabbis)
Iggeros Moshe Orech Chaim [chelek 3 siman 12] and allows a non frum kohen to
duchen (Iggeros Moshe, Orech Chaim, Chelek aleph, siman 33.
 
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?

Rav Moshe does not need any of these concepts for a) because he holds that
since we learn out the concept of minyan from the meraglim, who were rashaim
gemurim, it is pashut that one can count the biggest rasha in a minyan.

However, this is something of a daas yachid, and the vast majority of those
who discuss the question today discuss the concept of tinok shenishbah as
part of it.

Rav Ovadiah Yosef does his usual round up of sources in Yabiat Omer chelek 7
Orech Chaim siman 15.  The subject of ROY's teshuva there is the question of
a kohen duchaning, but most of the sources he brings are in relation to
counting a non frum Jew into a minyan.  And as you will see if you look
there, the vast majority allow it based on the concept of tinok shenishbah,
ie they rely on the Binyan Zion's formulation (which is technically - "like
a tinok shenishbah" not that they "are" a tinok shenishba).  

Of course this is not true of everybody, ROY brings the Minchas Eliezer and
the Morashas Moshe as completely rejecting the position of the Binyan Zion
(and I believe, at least in the case of the first, not allowing one to daven
with a minyan containing a non frum person).

But as Rav Ovadiah concludes, the majority holds like the Binyan Zion, and
hence so holds Rav Ovadiah - so I do not think you can say, categorically
that "they are not tinokos shenishbu" - at best you can say, I find more
convincing those who do not hold by the concept of tinok shenishba as
applying to chiloni Jews today, even if it is, if anything, something of a
minority opinion over all.

Regards

Chana