Abstract
The topic of Jewish converts and conversion has been of interest to both rabbis and scholars. Their works have been based on both Jewish and non-Jewish texts where they seek to understand the historical, social as well as the textual place of the convert within Judaism and its history. Those that focus upon early rabbinic text will introduce proof texts from all rabbinic literature of the early rabbinic period. In this chapter I will use a focused approach. I will examine only the text of Mishnah, as a stand-alone document (see Porton 1994, pp. 16–17, for a discussion of the development of early rabbinic texts). Mishnah, considered to be the first authoritative rabbinic document or code, was redacted in Palestine in approximately the second century of the common era.
The Torah refers countless times to the ger. Sometimes it is speaking of the resident alien (ger toshav) but primarily to the convert. The ger in the Torah, while being an identified category of Israelites, is categorized alongside the widow, orphan, and the poor. Scripture considers the convert to be an Israelite as other Israelites (see, for example, Exodus 12:19, 49; Numbers 9:14, 15:15; for a discussion on this issue, see Talmudic Encyclopedia Volume 6, pp. 253–289) but also awarded special compassion toward the ger (see, for example, Deuteronomy 10:19, Leviticus 19:34; for a discussion on this topic see Talmudic Encyclopedia Volume 1, pp. 210–211). Since Torah identified the category of the ger, I believe the Mishnah redactors followed suit. This will be clarified in this chapter in my discussion of Mishnah.
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Notes
- 1.
See Gary G. Porton, The Stranger Within Your Gates: Converts and Conversion in Rabbinic Literature (Chicago and London: The University of Chicago Press, 1994), 16–17, for a discussion of the development of early rabbinic texts. See, also, Jacob Neusner, Judaism: The Evidence of the Mishnah (Chicago and London: The University of Chicago Press, 1981), and Jack N. Lightstone, “Textual Study and Social Formation: The Case of Mishnah,” Studies in Judaism, Humanities, and the Social Sciences, Fall 2017, 21–44, Volume 1, 1. These three works will be referred to herein simply by the respective author’s last name.
- 2.
Porton (p. 13 footnote 65) presents the different works where Neusner establishes his argument.
- 3.
Porton (p. 32) points out Neusner’s explanation that Tosefa relates to segments within Mishnah in three ways: (1) Tosefta functions as a commentary to Mishnah, which it quotes verbatim; (2) at times Tosefta appears autonomous of Mishnah; and (3) Tosefta is totally independent of Mishnah.
- 4.
Georg Simmel, On Individuality and Social Forms, Selected Writings Donald N. Levine, ed. (Chicago and London: The University of Chicago Press, 1971).
- 5.
Not all the characteristics Simmel attributes to the stranger are compatible with the ger. I have identified what I believe to be those that are fitting to convert. I will show, when I discuss the Mishnah texts, how this theory is applicable to the Mishnah’s convert.
- 6.
See Simmel On Individuality, p. 146.
- 7.
Robert E. Park, “Human Migration and the Marginal Man.” American Journal of Sociology, May, Vol. 33, no. 6 1928, 881–93.
- 8.
Also, Simmel’s student Edwin Stonequist developed Park’s theory in The Marginal Man (New York: Russell and Russell, 1937). Both views are closely allied to the extent they can be considered as the Park-Stonequist theory. See also a discussion of Park’s theory by Chad Alan Goldberg, “Robert Park’s Marginal Man: The Career of a Concept in American Sociology.” Laboratorium, Vol. 4, no. 2 2012, 199–217.
- 9.
Alan C. Kerckhoff and Thomas C. McCormic, “Marginal Status and Marginal Personality.” Social Forces, Vol. 34, No. 1, October 1955, 48–55, p. 50.
- 10.
H. F. Dickie-Clark, “The Marginal Situation: A Contribution to Marginality Theory.” Social Forces, March 1966, 363–70, Volume 44, Number 3; and The Marginal Situation (London and New York: Routledge, 1998).
- 11.
See Simcha Fishbane, Deviancy in Early Rabbinic Judaism (Leiden and Boston: Brill, 2007), 141–163, where I discuss this in detail.
- 12.
See, for example, Exodus 12:19, 49, Numbers 9:14, 15:15. For a discussion on this issue, see Talmudic Encyclopedia, Volume 6 pp. 253–289.
- 13.
See, for example, Deuteronomy 10:19, Leviticus 19:34. For a discussion on this topic, see Talmudic Encyclopedia Volume 1 pp. 210–211.
- 14.
I have not included the term ger toshav since it does not translate convert. The term ger in Scripture can often be translated ger toshav. See Talmudic Encyclopedia Volume 6 pp. 289–304 for a discussion of the resident alien.
- 15.
Lois A. Vitt, “Class.” In The Blackwell Encyclopedia of Sociology, edited by George Ritzer, 533–37. Vol. II (Malden: Blackwell Publishing, 2007), p. 536.
- 16.
A netin is a descendant of the Gibeonites, who became proselytes in the time of Joshua.
- 17.
See Pinchas Kehati’s “Commentary” in Mishnah. (Jerusalem: Department for Torah Education and Culture in the Diaspora, 1994). [First Volume published in English in 1994 through 1996] for a summary of these views.
- 18.
Lawrence H. Schiffman, Conversion to Judaism in Tannaitic Halakhah. Edited by Adam Mintz and Marc D. Stern (New York: Urim Publications, 2015), pp. 189–215.
- 19.
See Kehati’s commentary on this Mishnah.
- 20.
See Maimonides commentary and Kehati’s commentary on this Mishnah.
- 21.
It is not clear if this Mishnah refers to the part of the ritual process of circumcision. I will discuss this below.
- 22.
Translations of Mishnah have been adapted from Jacob Neusner, trans. The Mishnah: A New Translation (New Haven and London: Yale University Press, 1988). I will discuss this Mishnah below.
- 23.
A passage in Deut. 24:19 writes concerning shikehah “your harvest” excluding the harvest of a non-Jew.
- 24.
See Talmudic Encyclopedia Volume 6 pp. 253–289 that discusses this issue in detail.
- 25.
See Numbers 15:17–21 that states, “speak to the children of Israel.”
- 26.
In Tractate Hullin 1:1 the Mishnah states that if a non-Jew slaughters a cow, it is carrion and renders unclean by carrying since it is stated in Deut. 12:21 “and you shall slaughter and eat,” what you slaughtered and not what a non-Jew slaughtered.
- 27.
This legal principle is outlined in Tractate Gittin 2:5, stating that a non-Jew is not permitted to bring a get.
- 28.
Maimonides explains the reason for this law since people may say that she converted only because of this person’s licentious behavior and that he married her only in order to engage in such behavior. See Kehati’s commentary on this Mishnah.
- 29.
In contrast to a son of a Priest or Levite who are exempt priestly redemption.
- 30.
See Fishbane, forthcoming.
- 31.
It is also recorded as 6:9.
- 32.
It can be suggested that the law is similar to the minor, that when he would come of age she should continue to be his wife on the basis of the ketubah he had written when he was a minor. Similarly in the case of the convert the ketubah was written on condition when they converted she would continue to be his wife with the same ketubah. See Kehati on this Mishnah.
- 33.
See Talmudic Encyclopedia Volume 6 pp. 253–289 where this situation is related to Scripture stating that the laws are for Israelites.
- 34.
See Kehati commentary, p. 111.
- 35.
Rabbi Naftali Zvi Berlin in his Torah commentary Emek Davar argues that our Mishnah is referring to a convert whose testicles are crushed or whose penis is cut off.
- 36.
See Porton who devotes a chapter to discuss each of these texts.
- 37.
The ritual is described in the previous mishnayot 5:10–14.
- 38.
See Kehati’s commentary to this Mishnah that explains all the different possible scenarios.
- 39.
See Kehati’s commentary on this Mishnah.
- 40.
See Kehati’s introduction to Tractate Shekalim for a detailed description of the ritual.
- 41.
“The Marginal Situation: A Contribution to Marginality Theory” (1966), pp. 366–367.
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Fishbane, S. (2020). Marginal Person and/or Marginal Situation: The Convert in Mishnah. In: Exploring Mishnah's World(s). Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-53571-1_4
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