Interactions with Non-Religious Jews

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The Rambam writes that the children and grandchildren of the Karaites were considered like tinokot shenishbau since he was brought up by a mistaken ideology. It is as though they were forced to accept heretical beliefs and even if they are exposed to Orthodox Jews they are still a tinok shenishba because they were brought up with those ideas.[1]Mamrim (03:03) The children of these errant people and their grandchildren whose parents led them away and they were born among these Karaities and raised according to their conception, they are considered as a children captured and raised by them. Such a child may not be eager to follow the path of mitzvot, for it is as if he was compelled not to. Even if later, he hears that he is Jewish and saw Jews and their faith, he is still considered as one who was compelled against observance, for he was raised according to their mistaken path. This applies to those who we mentioned who follow the erroneous Karaite path of their ancestors. Therefore it is appropriate to motivate them to repent and draw them to the power of the Torah with words of peace. Even though many rishonim disagree,[2] theoretically they agree for someone completely brought up with a secular upbringing but they consider that the Karaites were too exposed to Jews to say they were forced to believe their beliefs.[3]

Most poskim applied the Rambam's approach to Karaites to secular and non-religious Jews today.[4] However, not all poskim agree to this assertion,[5] especially where a non-religious Jew was raised in a non-religious home but was in the presence of an Orthodox community.[6]

Rav Elyashiv's opinion was that there is a doubt whether they are a tinok shenishba or not and we're strict for both possibilities.[7]

Rav Moshe Feinstein held that we can't apply tinok shenishba status to someone who lived near an Orthodox community and was aware of religious Jews. However, Jews who didn't know of religious Jews can be considered tinokot shenishbau.[8]

Rav Ovadia Yosef held similarly that it depends on whether they were familiar with a Torah community. In practice that could mean non-religious Israelis and "in town" Americans are not considered tinokot shenishbau.[9]

Rav Asher Weiss held that non-religious Israelis are tinokot shenishbau since they have developed a disdain for Orthodoxy because of the media.[10]

Rav Shlomo Zalman Auerbach held that non-regiligous Israelis are not considered tinokot shenishbau.[11]

It is impossible to make a general statement for everyone and it really depends on a case by case judgement of a bet din.[12]

Concerning someone who strayed from Torah factors that are important to consider in order not to consider him a mumar are: was he abused physically or sexually by a parent or teacher and was he exposed to a critical amount of Torah learning he was exposed to.[13]

A non-religious Jew who doesn't believe in Hashem even if he is a tinok shenishba can't get an aliyah.[14]

A non-religious Jew even if is a tinok shenishba is culpable for not believing in the primary tenants of our faith.[15] Others contend with this assertion.[16]

It is forbidden to hate any Jew today even if they are a mumar and not a tinok shenishba.[17]