[Avodah] Jew Or Not?

[Zev Sero]

Michael Kopinsky wrote:
> On Wed, Jun 10, 2009 at 10:13 PM, Micha Berger <micha at aishdas.org 

>> Even without any safeiq in her yichus, we would require miqvah and
>> qabbalas divrei chaveirus in front of a BD. Reaffirming a return to the
>> Jewish faith, even if already born into the Jewish people.
 
> To corroborate R' Micha's claim that this is common practice, see 
> http://www.amazon.com/Play-Fire-Womans-Remarkable-Odyssey/dp/9657108357/aishdas, 
> the story of a woman whose parents converted to Christianity, and who 
> grew up in the church, on the path to become a priest or something, 
> became disillusioned, and eventually returned to Judaism. Although she 
> was indisputably Jewish, the London Beth Din required her to tovel. This 
> is not necessarily a proof for what would be the halacha in the case 
> where the parents did not necessarily convert to Christianity but just 
> married out or otherwise became "unJewish" while remaining Jewish.

It's also not necessarily a proof that this was a halachic requirement
with rigid parameters, subject to logical analysis and deduction,
rather than just a minhag which is applied when it "feels right",
which would tend to be in cases that match the dayan's previous
experience or prejudices.

Think of kitniyos, where there are those who say that there aren't
any rules; when it first arose it applied to those plants to which
our ancestors applied it, and when new plants came from America our
ancestors at the time decided on an ad hoc basis whether to apply it
to them, based on whether they "felt" like kitniyos, and that when
we come across new plants that they never considered we have the same
right to decide whether to apply it or not.

An approach like that might explain the metzius that RMB reports,
that dayanim are applying this minhag Ashkenaz to mumrim who come
back from Xianity, and perhaps also from other religions, especially
those who serve AZ, but not to BTs from non-O or secular backgrounds
or to formerly O who are returning.  Perhaps it's simply that they're
not used to thinking of such people with the term "mumar", even
though in halacha the term is used for any baal avera; in their
minds it's a synonym for "meshumad", so that's how they apply the
minhag.   It's interesting that they *don't* require shaving, though,
which is the one thing that *does* seem to be related to AZ (since
AZ is compared to tzaraat, and a recovered metzora shaves).


-- 
Zev Sero                      The trouble with socialism is that you
zev at sero.name                 eventually run out of other people’s money
                                                     - Margaret Thatcher