Giyyur 010

of the Rabbinical Assembly in Israel
and the Masorti Movement
HALAKHAH STUDY GROUP
THE HALAKHAH OF GIYYUR (Conversion to Judaism)
Wherever you go I will go; wherever you lodge I will lodge; your people shall be my people, and your God my God. Where you die I will die and there I will be buried. Thus and more may God do to me if anything but death parts me from you. [Ruth 1:16-17].
(For the Hebrew text of this passage please click here.)
Part Three
1:
In our discussions so far we have addressed the motivations that might prompt a non-Jew to seek to join the Jewish people and the Jewish religion and we have examined the manner in which the sages viewed conversions that proved to be less than perfect. We have also addressed the issue of how the Bet Din should interview a candidate for conversion. We must now turn our attention to the conversion process itself as required by the sages.
2:
No Jewish male is born into the covenant, but must be initiated into the covenant by circumcision at the age of eight days. Similarly, no non-Jewish male can enter the covenant except by way of circumcision. But is circumcision a sufficient requirement or 'just' a necessary requirement? The sages discuss this issue in a barayta [Yevamot 46a]:
If a convert has been circumcised but has not bathed [in a mikveh, ritual bath], Rabbi Eli'ezer says that he is [accepted as] a convert, because we find [in scripture] that our male ancestors were circumcised but [we do not find that they] bathed [in a mikveh]. [In the case of a convert who] bathed but was not circumcised, Rabbi Yehoshu'a says that he is [accepted as] a convert, because we find [in scripture] that our female ancestors bathed but were not circumcised. [However,] the rest of the sages say that [regardless of whether] he bathed and was not circumcised or was circumcised but did not bathe [a non-Jewish male] does not convert unless he has [both] been circumcised and bathed [in a mikveh].
Our ancestors when in Egyptian bondage were members of the Israelite people but were not yet part of the covenant between Israel and Israel's God. They only entered into that covenant when they experienced the theophany at Sinai. But, in order to experience that theophony they had to prepare themselves, just as a would-be convert must prepare himself. We read in the Torah [Exodus 19:9-11]:
And God said to Moses, "I will come to you in a thick cloud, in order that the people may hear when I speak
with you and so trust you ever after"… And God said to Moses, "Go to the people and warn them to stay pure today and tomorrow; have them wash their clothes. Let them be ready for the third day; for on the third day God will come down, in the sight of all the people, on Mount Sinai."
Furthermore, we learn from the book of Joshua [Joshua 5:2-5] that the generation that left Egypt were circumcised:
At that time God said to Joshua, "Make flint knives and proceed with a second circumcision of the Israelites." So Joshua had flint knives made, and the Israelites were circumcised at Giv'at-ha'aralot. This is the reason why Joshua had the circumcision performed: all the people who had come out of Egypt, all the males of military age, had died during the desert wanderings after leaving Egypt. Now, whereas all the people who came out of Egypt had been circumcised, none of the people born after the exodus, during the desert wanderings, had been circumcised.
Thus we learn from scripture that at the time of the theophany at Sinai our male ancestors were circumcised and both the males and the females had washed their clothes.
3:
If we return to the barayta we see that there appears to be a maĥloket [difference of opinion] between Rabbi Eli'ezer and Rabbi Yehoshu'a, the two great rabbinic giants of the generation that came after the destruction of the Bet Mikdash in the year 70 CE. But the Gemara [Yevamot 46b] points out that their disagreement is not necessarily complete:
[In a case where the convert] has bathed but not circumcised all parties agree that [the conversion] is effective. Where they differ is [in a case where the convert] has been circumcised but not bathed. Rabbi Eli'ezer derives his opinion from the male ancestors.
Rabbi Eli'ezer is of the opinion that all we know of the males who left Egypt and stood at Sinai is that they were circumcised, as reported in the book of Joshua. The book of Exodus only tells us that the people washed their clothes and says nothing about the people being required to wash their bodies. This is eminently logical and explains why, in the original barayta Rabbi Eli'ezer holds that "If a convert has been circumcised but has not bathed … he is a convert" – following the paradigm of our male ancestors. The ball is now in the court of Rabbi Yehoshu'a.
And Rabbi Yehoshu'a [how would he justify his opposite opinion]? [Rabbi Yehoshu'a is of the opinion] that our male ancestors also bathed. How does he know this? He can't use this argument: scripture says, "Go to the people and warn them to stay pure today and tomorrow, have them wash their clothes." [Because] there are cases that require bathing but do not require washing of clothes it would be logical to infer that in a case where washing clothes is required washing the body would be required. Maybe it was only for cleanliness.
The Gemara explains that Rabbi Yehoshu'a cannot argue that when Moses orders the people to wash their clothes it implies that they are to wash themselves as well (for what point would there be in having clean clothes if the body underneath was still unclean?) He can't use this argument with regards to conversion because it could well be that the people were required to wash themselves clean which is not the same as being ritually clean after bathing in a mikveh.
4:
The Gemara continues:
So it must be from here [that Rabbi Yehoshu'a derives his opinion]: "Moses took the blood and dashed it on the people" [Exodus 24:8] and we have learned [in the Gemara, Keritot 9a] that any [ritual] sprinkling of blood [upon a person] requires [prior] bathing [in a mikveh].
So far, Rabbi Yehoshu'a has justified, as it were, his view that our male ancestors who left Egypt were not only circumcised (as all agree) but also were required to bathe in a mikveh before entering the covenant (because the incident of the sprinkling of the blood is specifically referred to as the blood of the covenant). The Gemara now addresses another aspect of the reasoning of Rabbi Yehoshu'a. He has 'proven' his point only regarding half the people!
From where does Rabbi Yehoshu'a derive [the requirement] that women bathe [too]? It is [just] a logical supposition: if [the women did not bathe] how did they enter beneath the wings of the Divine Immanence?
Women cannot be circumcised, therefore it is but logical that bathing in a mikveh is the manner in which they enter the covenant.
5:
But let us not forget that neither the opinion of Rabbi Eli'ezer nor the opinion of Rabbi Yehoshu'a was the final opinion in the original barayta. Therefore, the Gemara now continues:
Rabbi Ĥiyya bar-Abba quotes Rabbi Yoĥanan: "He [a non-Jew] does not become a convert unless he has [both] been circumcised and bathed."
But, the Gemara points out, the teaching of Rabbi Yoĥanan is superfluous. We can derive this law from the fact that in the barayta it is the opinion of "the rest of the sages" and we have a golden rule that halakhah is decided by the majority opinion of the sages. "The rest of the sages" is certainly more numerous than either Rabbi Eli'ezer or Rabbi Yehoshu'a!
However, this comment of Rabbi Yoĥanan is not as trite as it would at first appear and from it the Gemara will proceed to derive some very serious consequences. As we shall see.
(If you would like to read the Hebrew text of the barayta and the Gemara please click here.)
To be continued.

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