Tuesday, October 12, 2021

Let's Talk About Conversion to Judaism and Whether a Conversion Can Be Revoked

conversion to Judaism Star of David necklace

For converts to Judaism, one of the ongoing topics that crops up every now and again is the risk of having their conversion question, revoked, canceled, or retracted after the fact. There is a lot of hype and misinformation on this topic, especially in recent years as Israel and Diaspora rabbinic courts vie for control over the challenging, confusing, and often mysterious world of conversion to Judaism. 

How a Person Converts to Judaism

There are a multitude of paths for conversion to Judaism, no matter whether that conversion is through a Reform, Conservative, or Orthodox bet din (rabbinical court). There are even more reasons that someone chooses to convert to Judaism: 
  • They grew up in a Jewish neighborhood or surrounded by Jews and felt a pull to join the Jewish people. 
  • They discover they have Jewish ancestors and feel the pull to realize their ethnic and ancestral religion and people. 
  • They have a Jewish father but not a Jewish mother and want to be part of the Orthodox community (patrilineal Jews are not considered halachic Jews in Orthodox Judaism and in some Conservative circles).
  • They have no connection and don't know a single Jew but learn about Judaism and feel like they're finally at home (hey, this is what happened to me!). 
No matter what draws an individual to Judaism or what stream of Judaism they choose, there are basic steps to complete the conversion process:
  • Learning: studying the laws, traditions, holidays, observances of Judaism based on whichever movement an individual chooses to convert within
  • Living in the Jewish community: most Orthodox conversions require that you live within a community for at least a year so you experience the full cycle of holidays and the Orthodox lifestyle
  • Bet din: meeting with a rabbinic court whose members' statuses vary from movement to movement, as some require three Shabbat-observant men while others simply require three individuals be they men or women (I had four rabbis on my bet din!)
  • Brit Milah or hatafat dam brit: for men, an actual or symbolic circumcision is required by some movements and not by others
  • Mikvah: a dip in the ritual bath is standard among all movements
Fun fact: When the Temple still stood in Jerusalem, conversion also included an animal sacrifice (Keritot 8b-9a)! Makes you wonder if, when the Temple is rebuilt, whether that requirement will be re-upped, right?

The Controversy About Converting to Judaism

Among the many difficulties with conversion to Judaism are the realities that Orthodox Judaism does not accept conversions that take place in Reform, Conservative, or other movements as halachic (legally binding).

The reasoning behind this is that conversion to Judaism, according to Orthodoxy, requires the basic commitment to the mitzvot (613 commandments of the Torah). Non-Orthodox streams of Judaism do not adhere strictly to following the mitzvot, so Rabbis Moshe Feinstein and Yaakov Ariel argued that non-Orthodox conversions are unacceptable according to halacha

There are also many complexities involved with the Orthodox conversion process, with standards varying from community to community. Some Orthodox rabbinic courts will accept conversion for marriage, while others will turn away an individual based on the desire to convert to marry a Jew (this goes back to the Talmud, Yevamot 24b).

For all intents and purposes, someone who converts with an Orthodox rabbinic court is fully and completely a Jew from the moment they visit the mikvah at the culmination of the conversion process. They're even considered a Jew if it turns out they did marry strictly for marriage or they stray from Judaism later. In the latter case, the individual should be treated as any other sinning Jew (Bechorot 30b).

However, in recent years there have been cases in which a conversion or a series of conversions performed by a certain bet din or rabbi are called into question. In these cases, an authoritative body has gone through the process of "reviewing" the conversion to determine whether it is, in fact, halachically valid.

The problem with this, unfortunately, is that — according to halacha (law) — only in very specific cases can a conversion be questioned and revoked. In many of these investigations, there is no grounds for an investigation, let alone talk of revocation.

Modern Cases About Revoking Conversions

Up until Emancipation (late 18th to late 19th century) and well into the 20th century, conversion to Judaism was rare and largely unheard of because, in many places, it was illegal to convert to Judaism. In most cases, a non-Jew converted to Judaism in order to marry a Jewish person, but, even still, it was rare. 

Following the Holocaust, conversion to Judaism blossomed and has continued to gain steam well into the 21st century, especially within Orthodox Judaism.

The entire issue of modern conversion nullification has an interesting background that stems from a revocation of a conversion 30 years after the fact so that two individuals with questionable Jewish legal status could legally marry. You can read more about this in the Rabbi Goren case.

Then, in the 1970s, Rabbi Betzalel Zolty nullified a conversion after the rabbinic court discovered that a certain group of individuals were Christian missionaries trying to move to Israel under the Law of Return. Rabbi Yisrael Rozen nullified a conversion after the Israel Interior Ministry found out that a convert was romantically involved with a non-Jewish woman during and after his conversion process.

In 2008 in Israel, a senior rabbinic court headed by Rabbi Avraham Sherman nullified a single conversion performed by a different Israeli rabbinic court. This nullification called into question thousands of conversions performed within the context of the Israeli army and began an investigation into conversion courses established by Israel and overseen by Rabbi Chaim Druckman.

So can you revoke a conversion or not?

Ultimately, the law on conversions and annulment is such:
  • If an individual converts under non-ideal circumstances (e.g., for marriage), he or she is still Jewish and the conversion is valid (Yevamot 24b). 
  • If an individual converts and sins or strays from the path of Judaism, he or she is still Jewish and the conversion is valid (Bechorot 30b,Yoreh De'ah 248:2). 
  • If the rabbinic court fails to investigate the intentions of the convert or even failed to give the individual a proper education prior to the conversion, he or she is still Jewish and the conversion is valid (Yoreh De'ah 248:12). 
The only way that a conversion can be nullified is in cases of fraud. In these types of cases, the individual converting knowingly misleads the rabbinic court regarding their intent to convert. Usually, these types of cases involve Christian missionaries attempting to convert for nefarious reasons, such as moving to Israel under the Law of Return to do missionary work. Talk about shady!

Although there are plenty of terrifying cases that have created uncomfortable situations for converts around the world in recent years, it is very rare and, in fact, highly unlikely that a conversion can or will be revoked.

Yes, plenty of conversions are questioned regularly by individuals who do not know the laws of conversion and how to treat a convert. In these cases, an individual may stray from Judaism following a conversion or do something that calls their knowledge/commitment to Judaism into question. 

But questioning a conversion and nullifying a conversion, are two very different things.

Have questions about converting to Judaism? Let me know! I'm here to help. 

For more about the topic of the nullifying of conversions, check out Shlomo Brody's A Guide to the Complex: Contemporary Halakhic Debates and read Rabbi Gil Student's article "Conservative Annulments."