Four Responsa: On Apostates and Repentant Apostates

Query 1

. . . Rosh Hashanah evening, and the youth stood up [to read] the Haftarah on Yom Kippur like all the other Jewish youths on the Sabbath and other days. He was already about thirty years old, married, and had a child, and he was a Torah-observant Jew like all Torah-observant Jews. He sings liturgical poetry beautifully. Instruct us, lord: Is it permitted for this man to pray in public? And what if along comes a member of the Jewish faith and slanders this man and harms his reputation in the community of Israel—may our lord inform us of the answer to this [question], and may the Lord grant our lord a reward for his work for the good.

[In Hebrew:] This question came up before us at the gate of the academy, to the High Court of all Israel, in the presence of our lord Hay[ya], head of the academy of the Pride of Jacob, son of our lord and prince, the head of the academy of the Pride of Jacob, the descendant of geonim and nesi’im [princes], the heads of the exile [i.e., exilarchs] of all Israel. And we ordered it to be read before us, and we considered it and dwelt upon all that was written in it, and we also ordered that the reply be written in the language of the Muslims [i.e., Arabic]—and so it was written.

[In Arabic:] If the matter was really as described in this question, then the instruction concerning it and the legal foundation are so clear that one need not even ask about it. If someone who is a mature adult leaves the religion and then returns to it in a genuine and open act of repentance, not covertly or secretly, then he is like any righteous member of the community, and is permitted to pray in public, on Yom Kippur and other similar days. And he may lift up his palms [in the priestly blessing] if he is a priest [kohen], and no one is permitted to dispute this, nor may they prevent him from doing anything that is suitable for any righteous member of Israel, as our sages said, If they repented in secret, they should not be accepted, for it is said: Return, return, O backsliding children (Jeremiah 3:14, 22). It is all the more so, concerning what is included in this question, that someone alleges he [ate] unkosher meat on Yom Kippur. Even if he did eat unkosher meat, camel or pig, one should not condemn him for this nor prevent him from [taking part in] public prayer. And whoever does condemn him for this is disobedient toward God and should be placed under an excommunication and kept apart from the community of the Lord, because he stood against the life of his neighbor [i.e., slandered his neighbor, see Leviticus 19:16]. And he must be vigilant in this matter, and he should be strict against whomever condemns this man and make him abstain from it. And if he continues, he should be excommunicated. So is the law, and it may not be overruled. A great salvation! [i.e., Hayya’s ‘alāma (motto)]

Query 2

Question 1: [Illegible.]

Question 2: What do you say concerning a son of Israel who has renounced his religion and joined the religion of the Muslims? The woman, who was his wife when he was still a son of Israel, did not renounce her religion and did not turn away from observing the Torah. Is he permitted to remain living with her? And if a son of Israel renounced his religion and sought to marry a daughter of Israel from among those who observe the Torah, is he permitted or not? And if he is not permitted, what must be done with the person who wrote their ketubah?

And the third question: What does he say concerning Reuben who died, and had a wife but no child at all, and he left two heirs, brothers from his father’s family, meaning his cousins, let’s call them Simeon and Levi. Levi died and left children—minor sons and daughters not of age—and this Simeon came to the court and requested from his cousin Reuben’s inheritance what was due to him and what was due to his brother Levi’s children from their father’s share. And this Reuben was suspected of financial impropriety. So the wife was brought to the court, and she didn’t take an oath but she brought her ketubah with her, and she reached an agreement with this Simeon about something [i.e., she settled with him for a smaller sum]. And this Simeon took upon himself the responsibility to the woman for any claims by his brother Levi’s children, and undertook a binding affirmation of this and testified and wrote a bill of indemnity with the responsibility for his brother’s children’s claims in it . . . to the wife and he gave to his brother Levi’s children something that he took from this ketubah, and handed over this deed of indemnity to the woman. Please let your answer guide us in this. If the children of Levi should return to pursue a claim against the woman, must she swear an oath in respect of these orphans? And if they say, “We have now grown up and we are not happy with what our uncle did when we were still minors,” will it be confirmed in this cast? And must the woman swear an oath? And what is the legal status of the affirmation that Simeon took upon himself? And what is required of the woman?

And the answer for the first of these questions: If it is proven that the man referred to is forbidden from joining the congregation, then he is not permitted to lead Israel in prayer, but you should not prevent him through a malicious allegation, only by firm evidence. And whoever makes such an allegation, though his external character may be that of a worthy member of Israel, by this he renders himself disqualified; he should be condemned and rebuked, for he has been brought into disqualification. And on this R. Naḥman said to R. Judah bar R. Ezekiel: What is the reason that the master proclaimed about that man that he was a slave? He said to him: Because he is accustomed to calling people slaves [b. Kiddushin 70b]. And it relies on what was transmitted in the baraita and in the words of Mar Samuel.

And the answer for the second of these questions: So are the words of our sages in this matter. An apostate of Israel who observes his Sabbath in the marketplace [see b. Avodah Zarah 64b] is like a member of Israel in every respect [see b. Yevamot 47b], and one who does not observe his Sabbath in the marketplace . . .

Source: CUL T-S N.S.90.2.