The Beit din
(Rabbinic Court)
Final authority
for conversion rests with the three-person beit din, which rules on a
candidate's sincerity, knowledge, and potential for success as a Jew.
By Rabbi Maurice Lamm
Rabbi Lamm describes
the traditional halakhic (Jewish legal) requirements for membership
in a beit din. Although a beit din is always part of the conversion procedure,
the requirements for membership in the court differ by movement. In the Reform
movement, the beit din consists preferably of rabbis, cantors, and/or Jewish
educators, or in their absence, knowledgeable and observant lay members of the
community. The Reconstructionist movement states that the beit din should
consist of three adult Jews, male or female, one of which should be a rabbi.
The Conservative movement's position is similar to the Orthodox one
described in this article, though many Conservative rabbis will allow women to
be on a beit din. Excerpted with
permission from Becoming a Jew (Jonathan David
Publishers, Inc.).
Formal conversion to Judaism requires authorization by a
Jewish court. This three-man beit din represents, in a manner of speaking, the
whole Jewish people into which the convert seeks entrance. It has the power to
authorize or deny the application to join its ranks.
Traditional Requirements for a Beit Din
The beit din [for a conversion] consists of three
individuals, as it does in regard to cases other than conversion--at least one
of whom must be an ordained rabbi expert in the subject of conversion. Some
sages of the Talmud derive the requirement of a beit din from the biblical
verse, "You shall have one manner of law, as well for the proselyte as for
the home-born. One law shall there be for you and for the convert"
(Leviticus 24:22). Others derive it from the verse, " And thou shalt judge
righteously between man and his brothers and the convert…" (Deuteronomy
1:16).
This much is certain: There is to be no difference in the
legal process as regards Jews and converted gentiles. As the rules of justice
for cases between one Jew and another require a court of three presiding in
session during daylight, so too, in all cases between converts and Jews. In
matters of the conversion protocol as well, the process is identical--neither
more nor less strict--so the halakhah
requires three Jews, knowledgeable about the conversion procedure, to oversee
the protocol, and it must be held only during daytime.
A problem arose over the requirement of ordained rabbis.
While there are many rabbis today who are traditionally ordained, the historic
chain of ordination technically linking present-day rabbis with Moses is
considered to have been broken. But if there are technically no ordained rabbis
today whose lineage stretches back from student to teacher to Moses, what will
happen to the conversion process which requires it? Shall Judaism therefore no
longer accept converts because the law cannot be fulfilled as completely as the
sages determined it should be?
The Tosafists, medieval French scholars, therefore, ruled
that the biblical insistence that conversion be a "statute forever
throughout your generations" (Numbers 15:15) takes precedence. The
requirement of historic ordination had to yield to the biblical mandate on
conversion that it be available "for your generations"--able to be
practiced for the entire duration of Jewish history. Conversion was not a
policy emanating from one period in history or one country--it is part of the
warp and woof of the Jewish religion. The rabbis of the court were to be
considered as "messengers" of the early rabbis who were ordained in
the chain still tied to Moses.
Today, therefore, a rabbi with a traditional ordination who
is thoroughly conversant with the requirements of the conversion protocol can
select two other rabbis or, in their absence, two knowledgeable and observant
laymen, and form a valid Court of Admissions. This milestone decision of the
sages, which secured the perpetual right of people to convert to Judaism, was
motivated by a standing concern of the rabbis--the fear that we might somehow
"shut the door in the face of converts." That was never to be
countenanced.
Authority of the Beit Din
The authority that the sages gave to the members of the beit
din is truly remarkable. The entire process was placed in the hands of the beit
din--"according to how the eyes of the beit din view it." The
evaluation of the candidate's sincerity, the testing of his or her knowledge,
the assessment of potential for success in becoming a Jew all were entrusted to
the judgment of the court. Complexities naturally arise from the obvious fact
that people are so unlike, their worldviews so diverse, their spiritual
insights so radically different.
The beit din's ability to judge so many variables might tend
to make it susceptible to error. Yet, the halakhah cut a wide swath in these matters
and allowed great latitude in this very critical area. The beit din's latitude
was historically and halakhically required simply because the door to gentile
conversions had to be kept open, the system of conversion had to be available
in every generation and in every corner of the worldwide dispersion of the
Jews.
The questions the beit din will ask are designed to
determine the sincerity of the convert and the likelihood of religious
observance, and whether the degree of knowledge he or she has accumulated will
be adequate to the observance of the mitzvot.
The halakhah, in addition to formulating the two principles
that conversion must last for all generations and that the court must always
act to avoid closing doors to converts, held that the very court process is
itself a mitzvah. And, because presiding over a conversion is a mitzvah, the
beit din was ordered not to tarry in its performance. Once it saw that a
gentile was acceptable for conversion, it needed to proceed forthwith in
arranging for the formal conversion.
Rabbi Maurice Lamm
holds the Chair in Professional Rabbinics at Yeshiva University, is the former
senior Rabbi of Beth Jacob Congregation--Beverly Hills, and is President of
National Institute for Jewish Hospice. He has written five books, and sold
450,000.