Tevilat Ha-Ger

 

 

 

 

 

Last year, we began our study of the laws of giyur (conversion). We noted the Torah's special treatment of the convert, and we explored Chazal's attitude towards conversion in general and converts in particular. We discussed the significance of the convert's motivations, as well as the role of the beit din, and we introduced each of the components of giyur (mila, tevila, kabbalat mitzvot). [Last year's shiurim can be found here.]

 

This year, we will dedicate a number of shiurim to the tevila (immersion) of a convert. We will then discuss kabbalat mitzvot and the conversion of children. We will also present some of the challenges posed by conversion in the modern era, especially in the State of Israel.

 

 

As we discussed previously, the Talmud (Keritut 9a) explains that a convert enters the Jewish People in the same manner as our ancestors did:

 

R. Yehuda Ha-Nasi says: “As you are, so shall the stranger be” (Bamidbar 15:15), which means: As your ancestors were: Just as your ancestors entered the covenant only through circumcision and immersion in a ritual bath and the sprinkling of blood on the altar, so too they may enter the covenant only through circumcision and immersion and the sprinkling of some blood, which requires at least a bird-offering.

 

R. Yehuda Ha-Nasi asserts that that there are three parts of the conversion process: circumcision (for males), tevila (immersion in a mikveh), and, during the time of the Beit Ha-Mikdash, a bird-offering accompanied by sprinkling of its blood, which is not applicable nowadays.

 

The gemara (Yevamot 46a) cites a debate regarding whether it is absolutely necessary to perform both mila and tevila, or whether one of these acts may suffice, and if so, which one. The Talmud concludes that both R. Yehoshua and R. Eliezer maintain that tevila alone is sufficient, as the imahot (foremothers) immersed but were not circumcised. They disagree as to whether circumcision alone suffices. The Sages, however, disagree, and maintain that “whether he immersed but was not circumcised or whether he was circumcised but did not immerse, he is not a convert until he is circumcised and he immerses.” This is the conclusion of the gemara as well. The Talmud adds that a woman who wishes to convert must immerse, since she cannot be circumcised (i-efshar). The Rambam (Hilkhot Issurei Bi’a 13:1-4) rules, in accordance with the gemara, that both mila and tevila are essential components of the conversion process.

 

Although the Talmud clearly requires tevila, the Rishonim debate numerous issues concerning the immersion of a convert. For example, must the mila and tevila be performed in a specific order? The Talmud (Yevamot 47b) teaches that after the beit din informs the convert of the difficulties and hardships entailed in joining the Jewish People, the convert accepts all that has been said, "they circumcise him immediately … when he is healed [from the circumcision], they immerse him immediately … [and] once he has immersed and emerged, he is like a born Jew in every sense."

 

Tosafot (ad loc. s.v. matvilin) explains that this passage implies that the mila is performed before the tevila. The Rambam (Hilkhot Issurei Bi'a 14:5; see also Hilkhot Mila 1:7) concurs. Some Rishonim (see Rashba ad loc. and Ritva ad loc.) note that the gemara explicitly states that "they circumcise him immediately … so that we do not delay the performance of a mitzva." If it were possible to perform the tevila first and then circumcise the convert, that would certainly be preferable!

 

Why is it crucial that the tevila be performed last? The Rashba (ibid.) explains: “Since the tevila embodies the essence of the conversion, leaving the impurity of being not Jewish and entering into the sanctity of Israel, therefore it [the tevila] must be at the end.” Similarly, the Ritva (ibid.) writes that “when he is uncircumcised, the tevila does not work, as it is similar to one who immerses while still holding something impure (tovel ve-sheretz be-yado) and therefore, even after the fact, the tevila is invalid.”

 

However, the Ramban (ad loc. s.v. nitrapeh) disagrees with these Rishonim and insists that there is a different reason for delaying the tevila. Generally, the convert is first circumcised, as a means of deterrence, but if he immersed before being circumcised, the conversion is valid. Furthermore, Tosafot cites as a proof another passage, which teaches that when a pregnant woman converts, her son is considered to be Jewish and tevila is not required. Since the child is not circumcised until after he is born, clearly the order of the mila and tevila does not matter. We will discuss this passage when we study the laws of the conversion of a pregnant woman.

 

The Rema (YD 268:1) cites both views. The Shakh (2) rules that one who immersed before being circumcised should immerse again.

 

This debate may be rooted in a fundamental question regarding the circumcision of a convert: Is the mila a mere preparation for the tevila, and the tevila actually affects the conversion (Tosafot, Rambam, Rashba, Ritva)? Or are the mila and tevila both significant parts of the conversion process, such that it may not matter which is performed first (Ramban). This fundamental question may affect other halakhic issues as well.

 

 

            The Talmud (Yevamot 47b) relates that "when he is healed from the circumcision, they immerse him immediately, and two Torah scholars stand over him at the time of his immersion and inform him of some of the lenient mitzvot (miktzat mitzvot kalot) and some of the stringent mitzvot (miktzat mitzvot chamurot)." Although the beit din already informed the convert of the mitzvot, the gemara teaches that the beit din once again informs the convert of the mitzvot before the tevila.

 

            The commentators appear to disagree regarding the function of this second kabbalat ha-mitzvot. Rashi (s.v. "umodi'in; see also Tosafot Rid) explains that "now, via the immersion, he converts, and therefore it is at the times of the tevila he should accept upon himself the yoke of mitzvot." Rashi implies that although the beit din informs the convert regarding the mitzvot before deciding whether or not to accept him, the primary time for kabbalat mitzvot is before the convert immerses. Furthermore, one might suggest that kabbalat mitzvot actually defines the immersion as a tevila for the sake of conversion.

 

            Alternatively, the Levush (YD 268:2) explains that that the beit din informs the convert of the mitzvot, again upon immersing in order to "encourage him (le-zarzo) during the act [of tevila]." The Levush appears to maintain that the primary kabbalat ha-mitzvot was performed earlier; the beit din informs him of the mitzvot again in order to encourage him to fulfill the mitzvot after the conversion.

 

            In any case, while the convert must not immerse merely for the sake of cleanliness, if a woman immerses with the intention of purifying herself after her menses, or if a man immerses with this intention of purifying himself from tume'at keri (i.e., the impurity associated with a seminal emission), the conversion is valid (see Yevamot 45b; Yerushalmi Kiddushin 3:12; Shulchan Arukh, YD 268:3).

 

 

One who immerses in a mikveh to purify one's self from ritual impurity, or a woman who immerses after her menses in order to permit marital relations with her husband, must be careful that the water covers the entire body and that there is not a chatzitza, i.e., a barrier, between the water and the body. 

 

Regarding one who immerses for the sake of conversion, the Talmud (Yevamot 47b) teaches:

 

And anything that interposes [between one’s body and the water of the mikveh] with regard to immersion also interposes [and invalidates the immersion] for a convert.

 

The Shulchan Arukh (YD 268:2) rules accordingly.

 

            The Talmud (Bava Kama 82a) records that Ezra Ha-Sofer instituted "that a woman should first comb [her hair] and only then immerse [in a mikveh after being ritually impure]." The Rishonim (see, for example, Tosafot, Nidda 66b, s.v. im) discuss whether this enactment entails washing one's hair or one's entire body. Does this obligation apply to a convert before immersing?

 

            Many Rishonim (Tosafot ibid., Ramban and Rashba Chullin 10a, et al.) assume that all those who immerse must first do chafifa (i.e., a thorough cleansing and examination of the body). Therefore, it is customary to require a convert to perform chafifa before immersing.

 

            Interestingly, numerous Rishonim (Behag, Hilkhot Mila; Rif, Shabbat 55b; Rosh, Shabbat 19:11; Tur, YD 268) record that the convert should shave all of his hair before immersing. Although the Shulchan Arukh does not cite this practice, the Rema (YD 268:2) writes that the convert should shave his hair and cut his nails before immersing.

 

            R. Yoel Sirkis (Bach, YD 268; see also 267:7) offers two reasons for this practice. First, he explains that this may be due to the fear of chatziza. He then suggests that this practice may be based upon R. Moshe Darshan's explanation of the purification of the Levites (see Rashi, Bamidbar 8:7). R. Moshe explains that shaving bodily hair is a part of the process of attaining forgiveness, as we see regarding the metzora. Similarly, the Bach records that it was customary for apostates, upon returning to Judaism, to shave all of their hair before immersing in the mikveh.

 

            The Shakh (7) explains that the practice is clearly not due to a fear of chatziza, as a convert who performed chafifa would then not need to shave the hair on his body. Some explain that the Shakh clearly does not believe that a convert must perform chafifa.

 

            Similarly, R. Meir Simcha of Dvinsk, in his Ohr Sameach (Hilkhot Issurei Bi'a 4:8) explains that Ezra's enactment did not apply to all who immerse; rather, the obligation to comb one's hair and examine one's body was intended to ensure that Jewish men, who had begun to take non-Jewish wives, would be particularly attracted to their Jewish wives and would leave their non-Jewish wives. He refers to this a "le-to'elet kiyum ha-uma – for the benefit of the continuity of the nation." Clearly, this reason does not apply to the convert.

 

            In practice, it is not customary for a convert to shave his hair before the tevila. Rather, before immersing, a convert is instructed to wash and comb his or her hair and trim and clean his or her fingernails. Furthermore, although the convert is instructed to wash and brush his or her hair and thoroughly examine his or her body before the tevila, if this was not done, the tevila and the conversion is valid (see Sefer Mishnat Ha-Ger, Hilkhot Gerim, Dinei Tevilat Ha-Ger, 14).

 

 

            The immersion of a convert is a unique mitzva in that it is performed before the person is actually Jewish. Given this, when should the convert recite the blessing?

 

            The Talmud (Pesachim 7b) teaches that although in general, one recites a blessing before performing a mitzva, in the case of immersion, the blessing is said afterwards:

 

R. Yehuda said that Shmuel said: With regard to all the mitzvot, one recites a blessing over them prior to their performance (over le-asiyatan)… R. Chisda said: Except for prior to immersion alone.

 

The gemara adds that after immersion, the following blessing is recited: “Blessed … Who has made us holy through His mitzvot and commanded us concerning immersion (al ha-tevila).”

 

The Rishonim disagree as to which immersion the Talmud refers. Rashi (ibid. s.v. de-akatei) explains that the gemara refers to a man who wishes to immerse before studying Torah, in accordance which the Talmudic statement that Ezra established that a man who experiences a nocturnal emission should immerse before studying Torah (Berakhot 20b); this practice is no longer observed. Rashi adds that because of this case, the rabbis instituted that whenever one immerses, even for other reasons (i.e., nidda or conversion), the blessing should be recited afterwards. The Rif (4a) and Tosafot (ad loc., s.v al ha-tevila) cite Rabbeinu Chananel, in the name of a Ga’on, who disagrees and explains that the gemara refers specifically to the immersion of a convert, who is unable to say the blessing before he immerses, as he is not yet obligated in mitzvot.

 

Although this debate is relevant for the immersion of a nidda, as we shall see, the Rambam (Hilkhot Berakhot 11:7) and the Shulchan Arukh (YD 268:2) rule that a convert recites the blessing after immersing.

 

            Interestingly, it is customary in many conversion courts for a convert to immerse twice – that is, to immerse, say the blessing, and then immerse again. The source and rationale for this practice are not clear. Some suggest that it may be rooted in a similar practice observed by women who immerse after menstruating. As mentioned above, the Rishonim disagree as to whether a nidda should say the blessing before the immersion (Rambam; Shulchan Arukh, YD 200) or afterwards (Tosafot; Rema ibid.). R. Yishayahu Horowitz, in his Shnei Luchot Ha-Brit (Shelah), suggests that a woman should immerse twice, before and after the blessing, in accordance with both opinions. It is possible that the custom to instruct a convert to immerse before and after the blessing is based upon this practice. Others suggest that while the first immersion is for the sake of conversion, the second immersion is for the sake of additional purity (tahara) upon entering the Jewish People.

 

            At times, if there is a doubt regarding whether the candidate is already Jewish, the beit din may perform the immersion as a "giyur le-chumra" and instruct the convert not to say a blessing.

 

 

            The Talmud does not mention a blessing recited upon converting a minor (ger katan). The Acharonim (Chatam Sofer, YD 1:253; see also Da’at Kohen, YD 151) relate this doubt to a broader question regarding the conversion of a minor: Does the possibility that the child may renounce conversion upon becoming an adult (mecha’ah) undermine the conversion from that moment forward or retroactively? They suggest that if the conversion can be cancelled retroactively, then it is possible that a blessing should not be recited upon circumcising or immersing a minor.

 

            The blessing over the conversion of a child may also depend upon whether the adult who brings the child to beit din immerses him or if this is done by the beit din itself (al da’at beit din). The Raavad (Baalei Ha-Nefesh, Sha’ar Ha-Tevila 3) writes that regarding a ger katan, “the beit din immerses him… and recites the blessing ‘al tevilat gerim’ before the tevila, as is done when performing other mitzvot.” This passage implies that the beit din is supposed to recite the blessing before the child immerses.

 

R. Yechiel Yaakov Weinberg (Seridei Esh 2:69) disagrees. He writes that the child should recite the blessing, as the blessing in incumbent upon the convert. If the child is unable to say the blessing, no blessing is recited.

 

            R. Yaakov Ariel (Be-Ohala shel Torah 1:37; see also Afarkasta De-Anya, YD 3:189) suggests that when someone enters the water with the young convert to help him immerse (often a parent), that person should recite the blessing before submerging the child. Similarly, one might distinguish between the conversion of a child al da'at beit din, in which case the beit din should recite the blessing, and the conversion of a child by his father in the presence of the beit din, in which case the father should recite the blessing.

 

            The common practice, however, is that a member of the beit din present at the tevila recites the blessing before the child is immersed. Some maintain that the blessing should be said after the tevila, like all other tevilot.  

 

 

R. David ben Shlomo ibn Zimra (1479–1573), known as the Radbaz, records that he was asked by anusim (those whose ancestors were forced to convert to Christianity and who wished to convert to Judaism) whether they should recite the Shehechiyanu blessing upon being circumcised. He responds that while they should not say the blessing after the circumcision,

 

After the tevila he should bless Shehechiyanu, as at that moment the conversion is complete since he has immersed … and he has full happiness upon entering under the wings of the Shekhina. If one is obligated to say Shehechiyanu upon the performance of a particular mitzva, and he says, "Blessed… He who sanctified us …” over the entire Torah which he has just accepted upon himself, how much more so that he should say the blessing! (Radbaz, 1:434).

 

Later Acharonim, such as the Birkei Yosef (YD 265:15), Pitchei Teshuva (YD 268:1), Seridei Esh (2:69), R. Tzvi Pesach Frank (Seder Kabbalat Gerim, in Har Ha-Mor 5) and R. Matzliach Mazuz (Ish Matzliach, YD 31), record this practice as well.

 

            The Radbaz appears to base this practice upon the assumption that one who performs a mitzva for the first time should say the Shehechiyanu blessing. Indeed, the Rema (YD 28:2) rules that one who slaughters an animal for the first time should recite the Shehechiyanu blessing upon fulfilling the mitzva of kisuy ha-dam (covering the blood). Similarly, the Taz (OH 22:1) rules that one who wears tzitzit or tefillin for the first time should recite Shehechiyanu. The Shakh (YD 28:5) disagrees; based on Tosafot (Sukka 46a, s.v. ha-oseh), he rules that one does not say Shehechiyanu upon laying tefillin for the first time. The Peri Chadash (YD 28:5) and Mishna Berura (22:2) concur.

 

            Interestingly, the Chatam Sofer (OH 1:55) cites the Peri To'ar (YD 55), who rules that although one who performs a mitzva for the first time does not say Shehechiyanu, one who enters into the obligations of mitzvot, i.e., a thirteen year old boy upon the occasion for his bar-mitzva, does say the Shehechiyanu blessing. According to this reasoning, it would see that a convert should say the Shehechiyanu blessing as well.

 

            Finally, the Bach (OH 29; see also Eliya Rabba 22) rules that one may recite the Shehechiyanu blessing even when in doubt, as the principle of "safek berakhot le-hakel" does not apply.

 

            Although all of the matters mentioned above are subject to debate, a convert who wishes to recite Shehechiyanu upon emerging from the mikveh upon the occasion of entering the Jewish People and the yoke of Torah and mitzvot certainly has upon whom to rely.

 

Massekhet Gerim (1:1) teaches that after the convert has emerged from the mikveh, the beit din should encourage him:

 

We tell him good and encouraging words: "To Whom have you clung? Happy are you! [You have clung] to He who said and the world was created, blessed be He, as the world was only created for the sake of Israel, and only Israel are called the children of God, and only the Jewish People are considered to be adored by God. And all that we said to you [before the conversion] was only in order to increase your reward. 

 

It is proper to once again encourage and embrace the convert after he emerges from the mikveh and has entered the Jewish People.

 

            Next week, we will discuss the role of beit din during the tevila, as well as the presence of men during the tevila of female converts.