[Avodah] Court retroactively revokes conversions
Daniel Eidensohn
yadmoshe at 012.net.il
Thu May 8 09:54:45 PDT 2008
R' Micha Berger wrote:
> On Thu, May 08, 2008 at 11:45:31AM +0300, Moshe Feldman wrote:
> : I understand that many RZ rabbis follow the view of Rav Goren zt"l
> : that in EY the rules of conversion are different than in Chu"l.
>
> R' Goren said it to? The usually cited source is Mishpetei Uziel 38.
>
Rav Uziel said that there is no need to require acceptance of mitzvos -
and he didn't limit this to Israel while Rav Goren did.
> Also related is R' ChO Gradzensky (Achiezer 3:26, already cited in this
> thread) which says a geir who converts with the intent of being a mumar
> letei'avon bedavar achas is bedi'eved mequbal as a geir.
>
>
>
Achiezer however says that as a minimum the ger must keep Shabbos and
kashrus
*Rav Chaim Ozer Grodinski
<http://daattorah.blogspot.com/post-edit.g?blogID=7309929059139673041&postID=9187525028486296007#_ftn1>**(**Achiezer
3:26.4):… *Because of this reason it appears that Rav Posen is concerned
about conversion these cases because they won’t observe the laws
properly. However according to what I have explained there is no concern
for this since they have accepted to observe all the mitzvos – even
though it is true that they have in mind to transgress certain mitzvos
later out of lust. However this intention does not disqualify their
acceptance of mitzvos. It is only where they specifically refused to
accept mitzvos that their acceptance of the mitzvos is disqualified.
However where is clear that after conversion they will definitely
transgress the Torah prohibitions against violating Shabbos and eating
improperly slaughtered meat and we know clearly that their conversion
was only for appearance sake without inner sincerity – it is an umdena
demukach [a proven assessment] that this that he said he was accepting
the mitzvos was totally meaningless. Consequently their acceptance of
mitzvos is invalid [and they are not valid converts].
> Not sure what either have to do with a BD that doesn't sufficiently screen
> qabalas ol mitzvos for people who are simply *beshitah* "meqabeil ...
> chutz midavar echad" (to quote Bekhoros 30b).
>
Don't understand why you insist that being certified by a kosher beis
din gives a person a clean pass. It is not unknown that people lie to
beis din. If it is clear that the person did in fact deceive beis din
and it is clear that he did not plan to keep mitzvos when converted and
it is clear that he has not kept mitzvos after conversion - he is still
a non-Jew.
*Igros Moshe
<http://daattorah.blogspot.com/2008/04/r-moshe-feinstein-ztl-invalidating.html#_ftn1>(Even
ha-Ezer 4:78): *Concerning a woman who was married by a Conservative
rabbi - in Houston who is known to openly violate Shabbos - to a man who
was born in San Salvador to a non‑Jewish woman. The Conservative rabbi
there claimed that he converted her together with two local men who were
open Shabbos violators because he said that no one observes Shabbos in
El Salvador. It is clear that the conversion is of no significance so
that even if this couple were married by an Orthodox rabbi according to
the halacha it still would have no significance because he is a full
non‑Jew for whom kiddushin has no halachic significance. Furthermore
even if he were converted by a Torah observant beis din – since he has
not observed Torah mitzvos even for a moment he has not accepted the
obligation of mitzvos - this is not considered conversion. However if he
was a valid ger or was a Jew from birth, the marriage by a Conservative
rabbi – who is presumed to deny the foundation principles of Judaism
even though we don’t actually know the person and surely here where it
is known for certain that he openly violates Shabbos –has no halachic
significance. Consequently we have two clear factors why the marriage
has no significance and therefore she is permitted to marry another man
– but not a cohen since she has had sexual relations with a non‑Jew
which disqualifiers her from marrying a cohen.
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