From the Ravs Desk: Latest articles and Q&A [Thursday 26th Nissan 5785]

May a Jewish school, camp, or program allow non-Jewish children, especially children with Jewish father’s and gentile mothers, attend classes?[1]

No. In addition to the prohibition of teaching the gentile Torah[2], it can lead to assimilation.[3] [If, however, the school is not legally able to refrain from accepting such students, and must allow them to attend by force, then many Poskim[4] rule that they are not to shut down the school or program due to this, as the saving of the Jewish kids overrides the prohibition of teaching the gentile children, although one is to consult with a Rav in all cases. (However, the Rebbe’s position seems to be stringent even in such a case.[5] Vetzaruch Iyun) Likewise, if the parents of the gentile child may eventually be interested in converting the child as a result of his Jewish learning, then based on the Poskim[6] who rule that there is no prohibition involved in teaching a gentile Torah in such a case, one could argue that it is permitted to do so. However, from other Poskim, and so is the opinion of the Rebbe[7], it is evident that one may not teach Torah to any gentile who is not actively interested in converting, and hence one would lot be allowed teach Torah to a child of a Jewish father and gentile mother on the anticipation that it may one day lead him to convert.]

May a school teacher, or camp counselor teach Torah to students and campers if a gentile student or camper is present?[8] Yes. There is no prohibition in teaching Torah to Jews even if a gentile is present and will also hear and learn, so long as one has no intent to teach the gentile. Certainly, one may not invite the gentile to the class, encourage his attendance or address his questions.

Jewish mother non-Jewish father: All the above discussion is regarding a child who is not defined as Jewish due to having a non-Jewish mother. However, a child with a Jewish mother is considered Jewish[9]  and may and should be accepted to Jewish institutions even if the father is not Jewish.[10]

The Rebbes opinion on the above:

Igros Kodesh 22:142:[11] “Regarding the youth whose mother is not Jewish – the law is clear regarding that one follows his mother’s lineage. In short, it is forbidden to teach Torah to someone who is not Jewish (with the sole exception to the Noahide commandments). Furthermore, regarding the additional inquiry concerning the inclusion of non-Jewish youth into organized youth groups – this can lead them to assimilate heaven forbid within the congregation of Israel without going through any conversion, even if they will be occasional reminded of the need to do so. It is obvious, that the option of teaching them Torah and then waiting with the question of conversion until age 18, does not permit the above prohibition and does not waiver the above worry at all. This is in addition to the fact that regarding conversion the only thing that matters is 13 years old.” Now, after the great commotion regarding the question of who is a Jew and its answer and method, this gives room for the strong claim that also the above-mentioned organization should not take in such children, with exception to those who truly desire to convert right away.”  

Toras Menachem 5730 p. 157: “And it is also forbidden to study Oral Torah with a non-Jewish child, and according to some opinions, even the Written Torah is not permitted. A non-Jew should be educated to believe in the Almighty, but not taught Torah with Rashi’s commentary, nor like those who boast about a non-Jewish child learning the Kitzur Shulchan Aruch or tractate Berachot and the like—even if this could save the religious-national education system. I have not found anywhere in the Shulchan Aruch permission to forgo the Thirteen Principles for the sake of education or the observance of Shabbat. Such education or observance of Shabbat would be disastrous.”

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[1] See Shevet Halevi 10:32 – 6; Minchas Yitzchak 3:98; Maadanei Shlomo 259 of Rav SZ”A; Bimareh Habezek 1:75-78; 4 p. 56; Piskei Din Yerushalayim 9 p. 380 of Rav Elyashiv; Igros Kodesh 22:142 [printed in Shulchan Menachem 5:82]; Toras Menachem 5730 p. 157

[2] Rebbe Yochanon Sanhedrin 59a; Rambam Melachim 10:9; Responsa of Rambam in Makitzei Nirdamim 364; Rebbe Ami Chagiga 13a; Michaber 267:71 regarding a slave, and certainly this would apply even more so to a gentile; Ritva Bava Basra 21a; Rashal in Yam Shel Shlomo Bava Kama 4:9; Igros Moshe Y.D. 2:132; 3:89-90; Minchas Yitzchak 3:98; Shevet Halevi 10:32 – 6; Igros Kodesh 22:142 [printed in Shulchan Menachem 5:82] Toras Menachem 5730 p. 157; Some Achronim question however why this law was not recorded in Shulchan Aruch. See Likkutei Sichos 14:38; 27:246 in footnote. See article of Rav Chaim Rappaport, printed in Shut Rabbanei Europe for a full analysis on this subject; See Sefer Torasecha Liyisrael [Chaim Moshe Urtzal]

The reason: As the verse states “Lo Asa Chein Lechol Goy, Umishpatim Baal Yedaum Haleluka/And you shall not do this to any nation.” [Rebbe Ami ibid] This is in addition to the Biblical prohibition of Lifnei Iver. Thus, even in a case that Lifnei Iver does not apply, such as if the gentile could anyways be taught Torah from another source, it is nevertheless forbidden to teach a gentile Torah. [Tosafus Chagiga ibid]

Other opinions: Some Poskim rule that according to the reason of the Gemara that the prohibition of a gentile studying Torah is due to stealing, one may willingly decide to teach Torah to a gentile. According to this approach, the opinion of Rebbe Ami in Chagiga ibid is following the 2^nd reason in the Gemara Sanhedrin. [Turei Even Chagiga ibid, brought in Igros Moshe 3:90] Other Poskim suggest that perhaps the prohibition against teaching Torah to a gentile only applies if the gentile learns Torah for the sake of innovating a new religion, and not if the gentile simply desires to attain knowledge of the Jewish religion. [Seridei Eish 2:55-56 in understanding of Rambam] However, from Tosafus Chagiga ibid, it is evident that the prohibition applies in all cases. Other Poskim suggest that perhaps the prohibition does not apply towards gentile children, and only applies to adults. [See Beir Sheva Kuntrus Beir Mayim Chaim 14; Igros Moshe E.H. 4:26 -3 that there is no Lifnei Iver to a gentile child] Practically, however, many Poskim negate this suggestion. [See Shevet Halevi ibid; Rebbe in Toras Menachem 5730 p. 157]

[3] Igros Kodesh 22:142 [printed in Shulchan Menachem 5:82]; See Haketzarim – Sippurim Ketzarim Al Shluchei Harebbe” p. 169 of a Shliach who refuses to accept a child of Jewish father, and in one case lost a lot of money from a very wealthy father due to this policy.

[4] See Igros Moshe E.H. 4:26 -3 in length regarding teaching Torah in a Jewish school with Gentile kids from reform conversions for a number of reasons mentioned for why the teacher may not be required to quit his post just because of the Gentile kids even though he may be encouraged to reduce and that it will cause the school to fall apart and for even the Jewish students to learn in the public school system then it is better that they do not quit; [See also Igros Moshe Y.D. 2:132; 3:90 brought next regarding the allowance to teach Torah to a class with a gentile present]; Bimareh Habezek 4 p. 56; Maadanei Shlomo 259 of Rav SZ”A; Shevet Halevi 10:32 – 6 “And the question was posed to a teacher regarding one of the children in the class, who is a non-Jew and does not intend to convert: is it permissible to teach Torah in such a class? Additionally, when teaching in general, there is also the prohibition of teaching Torah to a non-Jew, even when it concerns a minor who has not reached maturity. Answer: For teaching a group, even if one of the children is non-Jewish, it may be true that Torah should not be withheld from many Jewish children because of one non-Jewish child. However, the very fact that a non-Jewish child is present in the class without the intention of conversion is a grave transgression, as stated by the authorities based on Bava Kamma 84 and Shulchan Aruch, who are united in their opinion regarding this matter. The words of the Gaon of Bar Sheva in his treatise ‘Mayim’ and his interpretation in Gemara Bava Kamma 21 regarding non-Jewish children indicate that, in terms of Torah study, this issue has been dismissed by all the halachic authorities. See additional discussions in responsa ‘Sheivet HaLevi’ volume 2, section 59.””

[5] See Toras Menachem 5730 p. 157 “And it is also forbidden to study Oral Torah with a non-Jewish child, and according to some opinions, even the Written Torah is not permitted. A non-Jew should be educated to believe in the Almighty, but not taught Torah with Rashi’s commentary, nor like those who boast about a non-Jewish child learning the Kitzur Shulchan Aruch or tractate Berachot and the like—even if this could save the religious-national education system. I have not found anywhere in the Shulchan Aruch permission to forgo the Thirteen Principles for the sake of education or the observance of Shabbat. Such education or observance of Shabbat would be disastrous.”;

[6] Responsa of Rambam in Makitzei Nirdamim 364 permits teaching Christians due to chance they may do Teshuvah; Meiri Beis Habechira Sanhedrin 59; Seridei Eish 56; Yabia Omer 2:17

[7] Igros Kodesh 22:142 [printed in Shulchan Menachem 5:82]; See article of Rav Chaim Rappaport, printed in Shut Rabbanei Europe for a full analysis on this subject

[8] Igros Moshe Y.D. 2:132; 3:90; E.H. 4:26 -3 in length regarding teaching Torah in a Jewish school with Gentile kids from reform conversions for a number of reasons mentioned for why the teacher may not be required to quit his post just because of the Gentile kids even though he may be encouraged to reduce and that it will cause the school to fall apart and for even the Jewish students to learn in the public school system then it is better that they do not quit; Shevet Halevi 10:32 – 6 “For teaching a group, even if one of the children is non-Jewish, it may be true that Torah should not be withheld from many Jewish children because of one non-Jewish child.”; Maadanei Shlomo 259;  See article of Rav Chaim Rappaport, printed in Shut Rabbanei Europe for a full analysis on this subject

[9] See Michaber E.H. 4:5 “A Jew who has relations with one of these woman, the offspring follows the mother’s identity.” 4:19 “A gentile who had a child with a Jewess, the child is a Jew”; 7:17; 44:9 [regarding Kiddushin]; Rama O.C. 282:3 [regarding getting Aliyah]; Y.D. 159:3 [regarding Ribis]; E.H. 16:2; 44:9; Shach Y.D. 159:7; Admur 282:8 “A slave who has not been emancipated has the same status as a woman. However, if his mother is Jewish, then he is considered a complete Jew for all matters.”; Admur Hilchos Ribis 79; Rambam Hilchos Issurei Biyah 12:7; 15:3-4, 6; Rebbe Yochanon in Yevamos 17a and 23a and 45b based on Devarim 7:3-4; Mishnah Kiddushin 66b, 68b; Ramban on Vayikra 24:10; See Encyclopedia Talmudit Vol. Erech Yachas p. 61 and p. 116-117 footnotes 711-715

Conversion: Some Poskim rule that the daughter of a gentile father and Jewess requires conversion. [Yearos Dvash Derush 17, brought in Pischeiy Teshuvah E.H. 4:1; Avnei Nezer 16 on Tosafos Yevamos 16b; Rashal Yevamos 16b regarding if grew up with Goyishe father; Maharit Algaz on Ramban Bechoros 8:65 in name of Rashal ibid; See Encyclopedia Talmudit Vol. Erech Yachas p. 117 footnote 716-715] Practically we do not rule this way. [Avnei Nezer 16; Yeshuos Yaakov 4:8; Beis Yitzchak 26; Achiezer 3:27; Nachal Eshkol Geirus p. 113; Chazon Ish E.H. 6:7; Doveiv Meisharim 1:7 -3; Otzer Haposkim E.H. 4:10 -2] However, some suggest that the individual go through conversion as a stringency and so is the custom among some Batei Dinim. [Asher Lishlomo E.H. 5; Shut Mimamakim; Many Poskim Rishon and Achronim brought in Encyclopedia Talmudit Vol. Erech Yachas p. 117 footnote 716-739; See Igros Kodesh 15 letter 5,477 “Certainly you have asked a Rav regarding if the child requires some level of Geirus”; Otzer Pisgamim Vehoraos Y.D. p. 200 from Maaneh of Rebbe from Teshurah Reichman Reinitz 5757“Speak to Rabbeni Anash regarding if something must be done regarding conversion”] However, others rule that no Geirus is needed, and so is the official position of the Rabbanut Hareishis Liyisrael. [Pesak Irurin Rabbanut Hareishit Tik 79, Pesak given by Rav Elyashiv, Rav Zalutti and Rav Goldshmit, in negation of Asher Lishlomo ibid; Yechaveh Daas [Chazan] 1 Y.D. 8; See Encyclopedia Talmudit Vol. Erech Yachas p. 117 footnote 726]

[10] Otzer Pisgamim Vehoraos Y.D. p. 200 from Maaneh of Rebbe from Teshurah Reichman Reinitz 5757

[11] Igros Kodesh 22:142 [printed in Shulchan Menachem 5:82, written to Rav Moshe Tuvia Fisher of Holland who ran a Bnei Akiva youth movement]