The Three Houses of Israel – and
The Kahal Gerim
The Shulchan Aruch (Even HaEzer
4:21-22) states that a ger may marry a mamzeres and in the following halacha a
Ger who marries a Jewess, their offspring is forbidden to marry a mamzeres. The
Rambam paskens accordingly, while the main Rishon who has a different view, is
the Ran. As it turns out, the machlokes Rishonim in this halacha is between the
Rambam and the Ran, and the Achronim who argue their respective views are the
Taz and Rav Chaim Brisker. The machlokes and the appropriate mekoros are as
follows:
The basis of the sugia is the
psak halacha, in the loshon of the Rambam as taken up by the Shulchan Aruch.
The Ran’s kasha is the focal point of the sugia, as he asks regarding the
halacha of the Rambam the following difficulty:
It is clear that as a goy has
marital relations with a Jewess, that the goy has no patriarchal leverage into
the child’s lineage, and the child is a Jew by his mother and is located in the
3rd Holy Kahal by his mother as well. Effectively, the child is
Jewish and is fully connected to his mother, as the goy effectively has no
effect on the child’s spiritual DNA. However, if we are to substitute the goy
with a ger, why would the Rambam rule that the child is a full Jew and not having
to suffer a spiritual consequence from his ger father? The child should be
considered like a ger and thus permitted to marry a mamzeres, despite his
father being a yisrael gamur [full convert – ger].
At this stage we stand in a
machlokes Rishonim between the Rambam who says that such a child is a full Jew
and the Ran says the child is at best like a full convert, taking after his
mother, and thus belonging to the 4th Kahal, a non-holy Kahal, a
Kahal of Gerim. We will see from the words of Rav Chaim Brisker, this would
mean that the child’s mother was neutralized in the spiritual DNA of the child
outside of the fact that the child is a Jew as much as he is like a Jew through
conversion. Would the Jewess have conceived from a goy, the child would be a
full Jew, a member of the Holy Kahal, and would receive nothing from his
gentile father, making every aspect defer to the child’s mother.
The Taz will argue against the
Ran and simply suggest that the child of a Jewess and a full convert can only
be rendered as a full Jew and not like a convert. To the Taz this is simple and
clear.
Rav Chaim Brisker will argue in
support for the Ran, and in true Brisker form, will show through ‘tzvei dinim’
the Ran can be advocated for quite easily. Once the full convert marries a
Jewess, the ger bestows patriarchal lineage into the child and negates the
mother’s spiritual influence outside of simply making the child Jewish, yet
like a convert in that he can marry a mamzeres. The child is Jewish, but not a
member of the holy kahal; he functions like a full convert, and belongs to the
4th kahal, the kahal of gerim.
Out of this we see that there
is a machlokes Rishonim and it is explained through a machlokes Achronim
respectively. Yet as any student of super-consciousness will show, these views
are not arguing, but rather shed light on two different subjects standing in
two different coordinates; there is no argument.
There are 4 houses of Israel:
Kohen, Levite, Israelite, and Ger – the non-holy house.
A Kohen who marries makes his
child patriarchally a Kohen, a Levite makes his child a Levite, and an
Israelite makes his child an Israelite. This should be assumed when these three
examples have procreated according to Torah Law. We see from the Ran and Rav
Chaim that a ger patriarachally makes his child a ger, i.e. belonging to the 4th
house of gerim, a non-holy house. Yet should a Yisrael or Levite marry a
giuress the children would be respective to their father, and would not be
considered a ger, as in the case with a ger father. In this case of a giuress,
her limitation is that for her to marry, she must enter into the holy kahal,
but cannot enter into the Priestly kahal. Her husband then renders the child as
either a respective Israelite or Levite, and not limited to the 4th
kahal, which is not a holy kahal. To settle the apparent machlokes between the
Taz and Rav Chaim Brisker, we must realize 4 main points:
1.
Today we do not allow
Ger Toshav to marry into the holy kahal; a Jew/Jewess is prohibited in this.
However Gerei Toshav may marry each other within the 4th non-holy
kahal. Thus today concerning marriage, the Jewish People only work with full
converts. The 4 houses and their context of holiness exist only in context of
marriage, and do not affect other mitzvoth or other aspects of holiness.
2.
There are two aspects of
converts: native and full, but not native.
3.
The Taz and Rav Chaim
Brisker are speaking about two different types of converts respectively.
4.
These halachas reflect
the state of affairs within today’s Judaism, where the Jewish people only work
with ‘Ger Tzedek’ and since there is no Biblical convert today as well due to
the lack of a Temple, one could argue that all converts today are forced into
the 4th house, a non-holy house of gerim, since they cannot convert
directly into the holy house of Israel without bringing an offering to the
Temple. As we will see though, marriage is the institution where a ger can
choose to either elevate into holiness or choose to remain in the 4th
non-holy house of gerim.
A new fully converted ger [by today’s standards] is a Israel
gamur [but in a time of the Temple would be able to convert into a full Native
status, and would renounce the ability to produce a ger-like child with his
Jewess wife, i.e. like the Ran suggested] and would be considered possessing
holiness in potential. The potential aspect would always exist. For example,
should he marry a mamzeres he would renounce his holy rights and would choose
to remain in the 4th house of gerim a non-holy house. Yet if he
chose to marry a Jewess in holiness, he would carry the potential to at least
in theory be able to return to the 4th house of gerim a non-holy
house. In other words, should he find himself in a position to remarry, he
could marry a mamzer and return to his non-holy house. Any offspring would be
subject to the machlokes between the Taz and Rav Chaim Brisker:
·
Either the ger who is a
Israel Gamur would have removed any remnants of ger from his offspring by
producing a child completely within holiness, and the child would inherit the 3rd
house of Israel, a holy kahal [Taz]
·
Or, since the ger father
always contains an element of his lower level giur [due to lack of a Temple]
the child would inherit the 4th house of Israel a non-holy house as
his patriarchal inheritance [Rav Chaim].
Thus there are two levels of conversion, aside from the ger
toshav, who only in the most ideal scenarios would ever enter into the marriage
discussion. This requires us to focus only on a full convert for discussions of
marriage, and their associations with the holy and non-holy kahal in halacha.
The holy and non-holy kahal are only halachic terms when used in context of
marriages among the 4 houses. A full convert has two possibilities:
·
He is made into a Native
Jew, and he is therefore identical to a Native born Jew in every way. His child
is a full Jew, born into the holy 3rd kahal, and he has removed
every remnant of his giur. He is a full Israelite and can bestow patriarchal
Israelite lineage. He cannot marry a mamzeres, for she exists only in the 4th
house, non-holy kahal, and he is now native only to the 3rd holy
kahal.
·
He is made a full
convert – Israel Gamur; but is a drop shy of being a native Jew. He belongs to
the 4th non-holy kahal and can marry a mamzeress. Yet if he marries
a Jewess he enters into the 3rd holy kahal and can produce a normal
Jewish child. The Taz would argue he has mamash entered into the 3rd
kahal, while Rav Chaim argues that since there are no full converts today he
remains indigenous to the 4th non-holy kahal. The argument thus is,
even though one may not convert fully lechatchila, can they elevate through
marriage at least while procreating in the holiness of the marriage, as opposed
to always having the permission to re-enter the 4th non-holy house
and thus be permitted to marry a mamzeress.
A native Jewish full convert is 100% a Jew in every way; he
and his offspring. A Israel gamur is known in halacha as a Ger Tzedek, and even
though considered a full convert and can do every mitzvah including keeping
Shabbos like a native Jew, he retains permission to re-enter into the 4
non-holy kahal. Through this we have seen many varieties of Gerei Tzedek: Eved
Canaani, righteous non-Jew, an almost native convert, etc. For this halachic
discussion, the Ger Tzedek is the Israel Gamur lefi pshuto. Notice the subtle difference between the Ezrach and the Ger Tzedek; they are two distinctly different categories, yet almost identical.
In conclusion, we see that there is a halacha that a ger can
marry a mamzeress in certain conditions and their offspring may or may not be
considered gerim. We showed that this is a machlokes Rishonim and explained
through a machlokes Achronim. In the end, it is actually not a machlokes at
all. It is a halachic discussion taking into account different aspects of exile
from the Temple, and taking different types of people into the context of the
halacha.
For example is a full convert from the time of the Temple
synonymous with a fully converted Jew who marries a Jewess? Or does he suffer a
loss due to the fact that the Temple isn’t standing? Once you know who the
subjects are in the halacha and the different levels of gerim that are available
in the halacha of marriage, along with the understanding of the function of the
4 houses and how they work [in marriage davka and in regards to holy and
non-holy], the pieces fit nicely into each situation presented to us from the
rabbis.
In closing, the only question between the rabbis here is the
following: ‘In a time when the Ger Toshav does not exist in marriage halacha,
and are reduced to strict marriage within the 4th non-holy kahal, we
are forced to work only with ger tzedek. A ger tzedek may choose to remain in
the 4th non-holy house, or they can choose to elevate into the 3rd
holy kahal. In a time of the temple, a convert would be completely elevated
into the 3rd kahal, unless specifically choosing to remain in the 4th
non-holy kahal. The only question that the rabbis are asking is, ‘can a ger
fully convert into the 3rd kahal through marriage and through
conceiving a child in holiness, thus rendering the child as a full native Jew?
Or does this level truly only work in a time of the Temple?
For this we await the coming of Elijah the Prophet, who will
be sent to restore the wisdom of the 4 houses and in particular the
understanding of the 4th house of gerim.