Rabbi Vinas' reply - discussed and rejected I

This is a response to Rabbi Vinas' answer to my first question. If there is interest I will reply also to his other answers. Rabbi Vinas's statement is in italics.

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In this post I will attempt to respond one more time to your questions in an attempt to clarify my positions and to educate your readers regarding the return of the anusim to Judaism and the nature of my work with my synagogue community of Lincoln Park Jewish Center in Yonkers and with the Hispanic/Latino Anusim community.

I was unable to answer your posts earlier due to the fact that my mother was niftar the day before LagLaOmer (Baomer for the rest of you) and I was in Shiva and shloshim for her. I'm surprised that my "fan club" (stalkers) who purport to know me personally, did not notify you of this fact and the fact that she was buried by a large number of Rabbanim Hashuvim who lauded her as a true tzadeket. […]

I am truly sorry to hear about your mother’s passing. And I am also sorry that you view questions regarding your public activities as an act of hostility and hate. As we see in the Talmud, understanding Torah requires making inquiries of our rabbis – even if they sometimes cause discomfort.

Berachos (62a): It has been taught: R. Akiba said: Once I went in after R. Joshua to a privy, and I learnt from him three things. I learnt that one does not sit east and west but north and south; I learnt that one evacuates not standing but sitting; and I learnt that it is proper to wipe with the left hand and not with the right. Said Ben Azzai to him: Did you dare to take such liberties with your master? He replied: It was a matter of Torah, and I required to learn. It has been taught: Ben ‘Azzai said: Once I went in after R. Akiba to a privy, and I learnt from him three things. I learnt that one does not evacuate east and west but north and south. I also learnt that one evacuates sitting and not standing. I also learnt it is proper to wipe with the left hand and not with the right. Said R. Judah to him: Did you dare to take such liberties with your master? — He replied: It was a matter of Torah, and I required to learn. R. Kahana once went in and hid under Rab's bed. He heard him chatting [with his wife] and joking and doing what he required. He said to him: One would think that Abba's mouth had never sipped the dish before! He said to him: Kahana, are you here? Go out, because it is rude.1 He replied: It is a matter of Torah, and I require to learn.

Normally, I would not be posting questions and criticisms at such a time – however you yourself have taken the initiative – with great mesiras nefesh – to bring up these issues and therefore I will respond with my respectful disagreement.

Since you say you will not be posting again, I will try to summarize the issues and express how you defend your activities and reject the criticism. I will also say at the outset – that you have in fact not really answered any of my questions – except the issue of how a ger can be a rav of a shul – something which is clearly stated in the Igros Moshe and in the teshuvos of Rav Moshe Sternbuch, shlita.

[Regarding the criticism of Jersey Girl…] Those who know me and attend my shul would know right away that there are cases of giur that I have treated as exactly that Giur not anusim. Not all Latinos who have converted either through my auspices or others are claiming that they are anusim and I don’t treat all of them as such… Let me clarify to all of you what people who do know me already know. Not all gerim are anusim this includes Latinos or Hispanic Jews. All who seek giur are not treated as anusim. Stop the lies! This is an opportunity to clarify the fact that as I have explained before based on the teshuva of Rav Aharon Soloveitchik and Rav Mordechai Eliahu that anusim require some form of halachic “return” ceremony. Soloveitchik calls it a giur lechumra Rav Moredchai Eliahu calls it a return ceremony. Both require mila, tevila and kabbalat hamitzvot. Geneology, DNA or other pseudo scientific proofs are not sufficient. I have always recommended the process of return or giur for anusim in order to ensure that their Jewish status does not remain questionable and that they are fully living lives of Jewish content and status according to Orthodox halacha. Having giur according to halacha should remove all stigma of doubt regarding their ancestry if you would just leave them alone to live life as they want according to the Torah.

Now I will respond to Daniel Eidensohns questions by the numbers that he placed on them [….] I’m going to respond however because there is a chance that you might be an authentic seeker of truth and honesty.

1) Regarding what I wrote you about safek deoraita lehumra: I was referring to the practice of discouraging a potential convert of non-Jewish origin. What if this person is really Jewish just as he claims? What if it is true that the person has a tradition in his family that remained unbroken just as he said and I discouraged him from returning to Judaism. That would be an avera risk that I am not willing to take. Rather I continue to follow the Takana of Rabbenu Gershom and the work of Rav Aboab de Fonseca and Rav Menashe Ben Israel because I did not see any expiration date on their takanot. And even if you say that their work was situational in that they were working while the problem existed during that generation directly after the inquisition, I posit to you that the problem persists and that this exchange of blogs proves that it is all too real and that controversy exists around it and therefore some form of halachic response must be offered. Since there are earlier poskim such as those I mentioned that responded already to this question when it already arose all we need to do is apply the mechanisms that the poskim already created earlier. […] The important thing is that they [anusim] remained loyal to the Torah and at great personal risk have attempted to return to Jewish practice. Anusim will continue to return to Judaism whenever they want to. We will not subject ourselves to ridiculous questions like why not sooner? The answer is that we returned as soon as we saw that what we were living was Jewish customs – as soon as it became clear to us that we needed to return to our original identity. I don’t know why it takes generations for people to return to Torah, if it was in my ability I would have done it three generations ago but I wasn’t alive then I’m alive now and now is when I have chosen to live as a Jew and to help others do so as well. The return to Judaism is heroic in any generation it proves that “la sangre llama” the blood calls.

Rabbi Vinas asserts that there are two types of non-Jews. Those that are really non-Jews and those that there is a sofek doreissa that they are truly Jews. While he is asserting that the Anusim are a sofek doreissa however he regards the existence of a pattern of family minhag which bears a possible relationship to Judaism as prima facie evidence that these people are actually Jews. Therefore he feels that they should be encouraged to rejoin the Jewish people and go through a pro forma conversion ceremony – not because they need it to be Jews – but to avoid questions and inconvenience. Thus geirus l’chumra is only window dressing because in fact the anusim are already Jews and never stopped being Jews – no matter how many hundreds of years they lived as goyim. Thus he says bluntly regarding the Anusim – and including himself and his family

“Anusim will continue to return to Judaism whenever they want to. We will not subject ourselves to ridiculous questions like why not sooner? The answer is that we returned as soon as we saw that what we were living was Jewish customs – as soon as it became clear to us that we needed to return to our original identity.”

“I am not a Christian. My mother and father were not Christians, the only religion I have ever known was Orthodox Judaism.”

Thus since the purported descendants of anusim are really Jews – including Rabbi Vinas – there is really no need to do geirus. Therefore the question raised about why he sat shiva for his mother despite the clearly stated prohibition of the Shulchan Aruch (Y.D. 374:5) is because he believes she was also a Jew – even without conversion. This also answers the questions raised concerning Rabbi Vinas’ own conversion.

The only problem with all of this is that as far as I have ascertained there is not a single posek who is on record agreeing with him! It is Rabbi Vinas – who is not a posek nor does he claim to be a posek – who has decided that the pesakim that were applied to those in the years immediately following forced conversions in Spain and Portugal when there was no doubt at all that these people had Jewish mothers and were themselves Jewish. He asserts on his own that all those who have unique family minhagim which might be Jewish - qualifies them for the same status of truly being Jewish! He states:

“The answer is that we returned as soon as we saw that what we were living was Jewish customs – as soon as it became clear to us that we needed to return to our original identity. I don’t know why it takes generations for people to return to Torah, if it was in my ability I would have done it three generations ago but I wasn’t alive then I’m alive now and now is when I have chosen to live as a Jew and to help others do so as well. The return to Judaism is heroic in any generation it proves that “la sangre llama” the blood calls.”

Thus regarding the first question – the answer is that Rabbi Vinas is relying on his own sevora which apparently no posek accepts. I would love to hear a major posek such as Rav Ovadiah Yosef or Rav Ben Tzion Abba Shaul state this sevora and then I would have no trouble acknowledging that is is legitimate. The letters that were written by Rav Aaron Soloveitchik and Rav Mordechai Eliyahu – did not state such a position. It also explains why Rabbi Vinas insists he is not proselytizing – he views himself as only doing kiruv!

Let me reiterate that I think that Rabbi Vinas is a wonderful human being who has dedicated his life to helping others with great mesiras nefesh. I am truly sorry about the loss of his mother. The issues I am raising are purely halachic issues - which are critical to being a Torah Jew. These are the type of questions that every observant Jew needs to raise to clarify the halacha. The issue of following halacha even if it hurts - something raised many times already - will be addressed in a separate posting.