by Rabbi Wayne Allen
Disclaimer: The opinions expressed here are that of the writer and do not necessarily represent the views of the Union for Traditional Judaism, unless otherwise indicated.
In one community there is a scarcity of observant Jews. Even two knowledgeable Jewish chaplains in the area are non-observant in the traditional sense, though they are ordained rabbis. Is it preferable to include two more-observant lay people in the Bet Din for conversion rather than rely on non-observant rabbis?
The following responsum is reprinted from Tomeikh KaHalakhah volume 2. Tomeikh KaHalakhah is UTJ’s series of volumes of responsa (teshuvot) promulgated by the Union For Traditional Judaism’s Panel of Halakhic Inquiry.
The text below is the result of OCR. Although it has already been reviewed, if you identify any errors, kindly email office@utj.org. A scan of the original teshuvah is available here.
The Mishnah (Sanhedrin Chapter 1) lists the number of judges required to preside over almost every conceivable kind of action. Interestingly, the number required for conversion as well as the qualifications of the presiding judges are absent.
As far as the number of judges for conversion, the Talmud (Yevamot 46b) tells us that three men are required and this is codified as law (Shulhan Arukh, Yoreh De’ ah 268:3). As far as the qualifications of all judges is concerned, our tradition is quite specific. Courts of three ought to be composed of judges who evidence wisdom, humility and piety. Judges must be men of integrity and above bribery. They must be humane and reputable. (See Encyclopedia Talmudit, vol. 3, p. 165 in extenso.)
Ideally, the court of three presiding over conversions ought to be composed of mumhim, learned experts. However, the halakhic authorities are divided over whether this is an absolute requirement. Compare the view of Rabbi Netanel (cited by Tosafot, Kiddushin 62b, s.v. ger), who is more lenient, with the view of the anonymous Tosafists (Yevamot, loco cit., S.V. tikkunei gavra) who insist that the overseers of conversion must be learned experts. To be noted, Rabbi Menahem Hameiri (Yevamot, loco cit.) writes that all Jewish men may be considered learned experts when it comes to serving on a court overseeing conversion since the judges’ role is to casually explain the mitzvot and impress upon the candidate the serious- ness of performance.
Practically speaking, then, hedyotot, i.e., qualified laymen, may be asked to serve on a Bet Din for conversion. However, non-observant rabbis may not. Non-observant rabbis are not considered laymen but mumhim who know the law but are ideologically disinclined to observe it. Such individuals are disqualified from serving on any Bet Din (Shulhan Arukh, Hoshen Mishpat 34:2, 22). This means that principled, deliberate non-observance of the central practices of Judaism like-but not limited to-Shabbat and kashrut, would disqualify anyone from serving on a Bet Din, even if he holds the title “Rabbi”.
It would therefore be proper for the observant rabbi to supervise a conversion with two reasonably observant laymen rather than with two non-observant rabbis.
Rabbi Wayne Allen for the Panel of Halakhic inquiry.
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Born and raised in New York City and currently a resident of Toronto, Rabbi Wayne Allen has blended a career of service to the Jewish community as an ordained rabbi with his academic pursuits. Rabbi Allen is recognized as an expert both in Jewish law and in 18th century British moral philosophy. The books he has written and those he has edited are distinguished by the inclusion of philosophical analysis and historical context, adding an extra dimension to the more traditional forms of responding to questions on Jewish practice. He is a panelist for Jewish Values On-line, an Internet site devoted to providing authoritative answers to questions on Jewish life.
Rabbi Allen has traveled extensively and has led groups to Europe and Israel, lecturing beforehand on the history of the communities to be visited. He has served as a faculty member at the American Jewish University where he taught Jewish law, at California State University Long Beach where he taught the History of Modern Jewish Thought and Zionism, and at the University of Waterloo where he taught Theology After the Holocaust. He has also been invited as a guest lecturer at York University in Toronto and at the Pardes Institute in Jerusalem.
Rabbi Allen has served as a scholar-in-residence at synagogues in St. Louis and Ottawa and currently teaches at the Community Hebrew Academy of Toronto where he serves as chairman of the Rabbinics Department.
Samples of Rabbi Allen’s teaching are accessible on his website, www.rabbiwayneallen.ca.
Rabbi Allen's published books, available from the UTJ Bookstore are: