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

[Doron Beckerman]

There's alot to say about how to reconcile the Rambam with the Gedolei
Haposkim, but in summary:

1) The level of knowledge today suffices to judge them as Mezidim (Radvaz
(they have been *warned* to return to Torah,not just heard about it); Mabit
(I:37 - Once they have received reproof and not returned they are like their
fathers, and "they know that they come from Jewish seed and that their
fathers have denied the Oral Law", Maharikash (33,34 - they are *like*
Anussim after they have heard the truth - not really Anussim. Therefore
don't *rush* to kill them since they might do Teshuvah).

2) Rambam is only talking about not rushing to kill them, but regarding
other Halachos they are like gentiles (Radvaz, Mabit, Maharikash, Ginas
Veradim (II:31).

3) [Limited applicability] Denigration of the Chachmei Hador makes them
Mezidim, and makes it unlikely for them to do Teshuvah (Re'em (57); Ginas
Veradim, Maharash Vital (Be'er Mayim Chayim 41). They also cause other Jews
to follow them because of this (Rambam Perush Hamishnah Chullin 1).

The Chazon Ish himself writes that the Machlokes Acharonim is on the issue
of "the level of knowledge, to what extent to they know of the existence of
the Jews, and that their fathers separated from them and turn their
shoulder." He also writes that the reason why the Tinokos Shenishbu are
treated as Jews is because they have a Chazakah that they will repent if
told sufficiently. While among the Chilonim today there are Chozrim
B'Teshuvah, it is difficult to say that they have a Chazakah of doing
Teshuvah, see Ginas Veradim there. The CI forbade foods cooked in factories
by non-Torah observant Jews, and RYSE says that we see that L'chumrah the CI
did not think they had a Din of TNS.
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