Rabbi
Yitzchak Yehuda Shmelkes (1828-1904) was one of the leading rabbis in
the latter part of the 19th century in Eastern Europe. He was the head
of the rabbinical court in Lvov (Lemberg) from 1869-1893. His Beit Yiẓḥak (6
vols., 1875–1908), on the four parts of the Shulkḥan Arukh, was widely
acclaimed. His opinion on halakhic questions was sought by many
prominent contemporary scholars.
Rabbi Schmelkes made a number of
particularly influential rulings in new areas of Jewish law. Regarding
copyrights, he argued that an author’s exclusive right to publish their
manuscript derived from the Jewish law of unfair competition and the
author’s property right in controlling access to the physical
manuscript, a position held by many contemporary authorities in halakhic
copyright law.
Rabbi Shmelkes also dealt with the question of the use
of electricity, other than electric lights, on Shabbat. He ruled that
one could apply the category of molid, creating something new,
to the generating of electric current. This position was widely adopted
for many years, although recently it has been challenged by a number of
contemporary poskim.
In the current teshuvah, Rabbi Shmelkes deals with a case of
conversion for the sake of marriage where it is highly questionable if
the prospective convert really intends to live an observant life. Rabbi
Shmelkes first rules in line with the Talmud and against certain other
poskim of his time, that conversion for the sake of marriage is
prohibited li’chatchilah.
The part that we have excerpted below focuses on his analysis regarding whether such a conversion works post facto.
The Talmud states that it does, but Rabbi Shmelkes questions whether
this would apply even in cases where we know that the person is not
sincerely accepting upon him- or herself the obligation to observe the
mitzvot. This question – what level of commitment of observance is
required, and whether we need to concern ourselves about the person’s
intentions or not, especially if as far as we can tell the person is, or
may be, sincere – is one that is highly relevant today.
We have chosen this teshuvah for Shavuot, because of its connection
both to the book of Ruth and to receiving the Torah at Mt. Sinai. In
the Talmud, Ruth is seen as a paradigm for the righteous convert, one
who sincerely commits to all the mitzvot, and who is not doing it for
any ulterior motive (although, interestingly, her conversion seems to be
motivated more from a love of Naomi than from a connection to the faith
itself). And the acceptance of the Torah and mitzvot at Mt. Sinai
serves, in the Talmud, as a model for the various rituals of conversion
(immersion, circumcision, and acceptance of mitzvot).
Rabbi Shmelkes draws on the Mt. Sinai example and the various
midrashim that deal with the idea that the Israelites were coerced to
accept the Torah, and raises questions as to whether we can derive from
these midrashim that a verbal acceptance suffices even if a person’s
commitment is not fully sincere. He goes back and forth on this
question, and although he seems at times to conclude decisively that a
verbal commitment is not sufficient if we know or suspect that the
person is not sincere, in the end he is prepared to recognize the
conversion under discussion, at least post facto. In the end,
the question remains: Does it suffice to say, as our foremothers and
forefathers did at Mt. Sinai, “We will do and we will hear,” even if
their hearts were not fully in it, or must we all have the sincerity and
depth of commitment as Ruth did when she said to Naomi, “You nation is
my nation, and your God is my God”?
In conclusion – behold, were your honor
to permit this Gentile woman, who had intercourse with a Jew, to
convert, and to allow this Jew to marry her, this is something that is
not possible for two reasons. One, that as a matter of halakha, even
were she have to already converted, it would be forbidden to marry her,
as is stated in the Mishna and Tosefta, And two, if this Gentile wishes
to convert for the sake of some benefit, i.e., for the sake of marriage,
one should not agree to convert her li’chatchilah. However,
were she to convert in the presence of three non-scholars who did not
know that she was doing this for the sake of marriage, then post facto
the conversion would be valid, and were he (her lover) to marry her, he
would not be obligated to divorce her. Speaking more generally, when
it comes to converts nowadays, one needs to see that accept upon
themselves, sincerely, to observe the foundations of faith and the rest
of the mitzvot. And Shabbat is a major foundation, for one who violates
Shabbat is like one who worships idols. And if a person converts
himself and does not accept upon himself the observance of Shabbat and
the mitzvot, he is not a convert.
I have written what appears to me in my humble opinion.
https://library.yctorah.org/lindenbaum/accepting-the-mitzvot-as-a-convert-does-it-matter-what-youre-really-thinking/
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2 comments:
The Open Schmorthodox in it's short existence has a long history of saying frum sounding things for public consumption that they don't believe in.
And who cares if Linzer talks like this when most of his associates including the high ranking ones like Lookstein & Angel are very public & militant about the fact that they don't care about kabolas mitzvos?
For the right price $ Hershel Schlechter is also on board with them.
And then there are corrupt, reckless morons like the Queens Vaad who although they usually love schemes that bring a lot of profit they are nonetheless doing bogus conversions even for poverty cases, maybe from a pseudo-G-d complex that they think they can do anything they want. If the public only knew about their dozens of clients with non-kosher food & their grave robbing scheme to destroy 1000s of forgotten kevorim to sell to secular Russians for millions of dollars.
Well - it is especially surprising coming from Linzer, because his entire Movement is based on his "Big Tent" doctrine --- all inclusive of every person regardless of kaballat mitzvos. I would not be surprised if at some point in the future he "clarifies" his take on this, although he got this one right!
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