Following a precedent-setting decision at the Ashdod District
Beis Din, headed by Dayan HaRav Avraham Attia, which was
certified by the High Rabbinical Court (Beis Din Godol) in
Jerusalem, the Vaad HaRabbonim Haolami LeInyonei Giyur
founded by HaRav Chaim Kreiswirth zt"l clarified several
points related to the matter, to dispel misleading
information intended to undermine halachic boundaries set by
leading poskim from the previous and present
generations. The beis din in Ashdod ruled that
conversions performed 15 years ago by Rabbi Chaim Druckman
were not done according to halacha since the conversion
candidates were not observant in any way.
According to Vaad HaRabbonim, the following points need to be
made in order to gain a proper understanding of the issue.
A. Not agreeing — at the time of the conversion —
to observe all the mitzvas renders the conversion invalid
under all circumstances.
B. The Beis Din determined that presumably the conversion
candidate never accepted ol mitzvos, which means the
conversion was not annulled — but rather the original
conversion was never valid.
C. The Vaad is deeply shocked by various individuals,
officials and rabbis associated with the National-Religious
camp who claim to cite various sources indicating that
prominent dayanim supposedly ruled against the Rambam and the
Shulchan Oruch. These individuals muddle the halachic
tradition passed down since Har Sinai without demonstrating a
minimal understanding of the Rambam and the Shulchan Oruch.
Their status is stated explicitly in the Mishneh Torah
(Hilchos Talmud Torah, Chap. 6).
D. According to directives from gedolei Yisroel in
5744 (1984), every conversion, whether performed in Eretz
Yisroel or abroad, must be checked to ascertain whether the
applicant did in fact accept Torah and mitzvas at the time of
the conversion. This directive is aimed primarily at city
rabbis and marriage registrars, since it is strictly
forbidden to list the word "convert" on marriage applications
before verifying the validity of the conversion.
E. According to both halacha and the law, every rabbi has the
right to reject a conversion that appears dubious and to
return the case to the district beis din.
F. Unfortunately, despite the severe prohibition against
accepting such "converts" and although this fact has been
publicized often, various rabbis still allow these doubtful
converts to marry Jews, thereby bringing non-Jews into the
fold of the Jewish people. The Chief Rabbinate has repeatedly
made clear that in the case of individuals who were not
converted in accordance with halacha, no rabbi is required to
list him or her as a convert.
G. Following widespread reports on the recent high-profile
case Vaad HaRabbonim received dozens of requests from
rabbonim, heads of educational institutions and converts
themselves to clarify their status. Rabbonim of the Vaad are
prepared to inquire into the validity of individual
conversions to the best of their ability. Requests should be
faxed to 02-532-2047, including full details and a return
phone number.
H. Vaad HaRabbonim is disappointed and surprised to hear of
various bizarre reports claiming that Sephardic Chief Rabbi
Shlomo Amar said the ruling was handed down hastily and that
he is working to overturn it. The Sephardic Chief Rabbi
should publicly announce that conversion without a genuine
acceptance of the mitzvas is invalid and if it is
demonstrated that the convert had no intention of keeping
mitzvas at the time of the conversion, the conversion is
considered invalid even ex post facto, and the
applicant has the status of a goy or sofek goy (which
is worse, since the uncertainty means that he or she may
marry neither a Jew nor a non-Jew). In general, the ruling
applies to every conversion done without genuine acceptance
of mitzvas. Conversions performed by the special conversion
courts during the past 20 years should be carefully reviewed,
since they were set up to maximize the number of so-called
conversions performed in Eretz Yisroel using an "assembly-
line" approach.
I. The conversion issue is a public matter, as the High
Rabbinical Court determined in 5730 (1970) based on a request
by Rav Tzvi Weinman and founded on a responsa by the
Rashbash. Therefore the various individuals involved in the
matter are not free to act as they see fit. Vaad HaRabbonim
Haolami LeInyonei Giyur and beis din advocate Rav Tzvi
Weinman have submitted a request to the beis din to
take part in the discussion on the authority of the 5730
ruling.
J. According to ranking chareidi jurists the ruling issued by
the High Rabbinical Court has both halachic and legal
validity and is not subject to annulment or alteration, just
like every other ruling issued by the beis din, and
certainly no court in the world has the authority to
interfere in halachic matters.
The Vaad hopes these clarifications will stir the public to
stand guard to prevent non-Jews from entering Kerem Beis
Yisroel.
