[Avodah] Geirut

[Micha Berger]

RDE sent me some pages from Techumin 19 (5759) pp 115-138 "Bitul Giyur
kesheQabbalas haMitzvos Haysah Pegumah" by R' Tzevi Lifshitz. It is not part
of COTAR's free collection (see <http://www.biu.ac.il/JH/Responsa/COTAR/>)
and due to copyright law, we can't post it on the lists's web space. Which
makes sense, if Bar Ilan let us put the rest of COTAR on line, then they
would have no product to sell to cover the responsa project's payroll...

Much of the article is about incomplete QOM. For now, at least, I'll
just stick to the section (1) about needing QOM altogether.

Tosafos (Yevamos 45b "mi lo tovlah", Qiddushin 62b "geir"), Rosh (Yevamos
4:31), Tur (YD 268), SA (268:3):
    QOM is not only mandatory, but requires being before 3 dayanim and
    during the day.



Rambam, according to the Ba"ch (YD 285 "vekhol inyanei"): 
    QOM is not meaqeves. [I argued here that the Ba"ch's "kol iqar"
    means that some minimal form of QOM would be meaqeves.]

Rambam, according to the shu"t Tuv Daas vaDaas, maharura tinyana 111:
    QOM is meaqeves, miderabbanan

Rambam, according to the Chemdas Shelomo (YD 29-30), (cf Achiezer (III
#21), shu"t Bnei Banim (III 15; RYHH is CC-ed)):
    QOM is meaqeves. However, informing him of some of the substance of
    the mitzvos is only lekhat-chilah. 
    And at least according to the ChSh, it would mean that if the person
    went to the miqvah and we don't know what's going on his his head,
    we assume QOM.

Rambam according to R' Zolty (Qovetz TSBP 13 (5731) pg 37 "Dinei
Qabbalas Geirim:)
    QOM is a tenai necessary for geirus to be chal. It's not part of
    the process of geirus, and yet is me'aqeves. [This is how the Rambam
    appeared to me.] R' Zolty gets it from the words "lehikaneis laberis
    ulehistofeif tachas kanfei haShechinah veyeqabeil alav ol Torah,
    tzarikh milah, tevilah uqorban. [I think the quote from pereq 12 is
    more clearly telling.]



Ritva (Yevamos 24b "halakhah kedivrei ha'omer"), as explained by R'
Yafhan (ad loc):
    QOM meaqeves

Ritva (Yevamos 47b "umodiin oso"), as explained in Darkhei Moshe (YD
268:1-2) -- cf Melameid leHo'il (YD 87)
    QOM einah meaqeves



Mordekhai (Yevamos 4, 287 110)
    geirus lesheim davar requires observing the geir's behavior
    afterward.



In his discussion of the Rambam, RZLifshitz notes the difficulty in the
Rambam IB ch. 13, and lists many many names for each side of the Rambam --
whether Shimshon and Shelomo's wives' geirus was chal, or wasn't. Was
the Rambam assuming there was a break in their AZ and they returned, or
there wasn't and they never left AZ.

:-)BBii!
-Micha

-- 
Micha Berger             Like a bird, man can reach undreamed-of
micha at aishdas.org        heights as long as he works his wings.
http://www.aishdas.org   But if he relaxes them for but one minute,
Fax: (270) 514-1507      he plummets downward.   - Rav Yisrael Salanter