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A Ger who just had Brit MIla

Category: // By Rabbi: הרב עופר עוזרי // Answer date: 03.01.2021

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Question:

Someone I know from work is undergoing a Geirut. The Beit Din sent him to a hospital to have a doctor who is also a Mohel perform the MIlah. My co worker was feeling weak and is staying in the hospital over the weekend and over Shabbat. After Shabbat he will finish the process and do Tevillah. He was wondering if he is allowed to keep full Shabbat now this Shabbat.

Answer:

From the time which he has a Milah to become a Ger he is not considered a Goy. However, he is not considered a full-fledged member of Klal Yisroel until he does Tevillah in a Mikvah. Therefore, only a Goy who keeps Shabbat is Chayev Mita but he is not a goy so he would be permitted to keep Shabbat.
The Gemara in Yevamot says: Tannu Rabbanan A convert who had a Brit Milah but did not immerse in a mikvah, R’ Eliezer is of the opinion that he is considered a convert just like by the Avot who only had Milah. (Rashi explains during the days of Moshe Rabbeinu when they left Mitzrayim they only did milah.) R’ Yehoshua says he is a convert as we saw by the Imahot who only had to immerse. (Rashi otherwise how did they convert.) The Chachamim said immersion without circumcision and Brit without Tevilah is to a Convert yet until the completes the process. The Gemara concludes R’ Chiyya bar Abba said int the name of R’ Yochanan he is not a Ger until he does Brit and Tevillah and the Chachamim is really R’ Yossi.
All the Poskim rule that one is not a Ger until he does MIlah and Tevillah. However, they argue in the opinion of R’ Yehoshua and R’ Yossi about MIlah only . Tosfot Yevamot 46b says he is still a complete Goy until he immerses. The Rashba and Ritva argue that he is not a Goy anymore just not a complete Jew.
The Steipler asks if he is not a Goy why does the Gemara in Brachot 47b say that a Ger who has MIla but not Tevillah may not do Zimun like a Goy? As R’ Zeira in the name of R’ Yochanan until he immerses he is still Goy.
The Dvar Avraham from Kovno writes we do not say the word Vitzivanu when we circumcise a Ger since the Brit milah is not what makes him a convert rather without it, immersion will not work . from this R’ Mordechai Toledano answers there are two pars to MIlah of Geirut 1) Milah to make him a Ger and 2) milah that he will be have Brit Milah like any other Jew. Alternatively, the Zecher Yitzchak say there are two levels of Geirut 1) being par of Zera Avraham and 2) receiving Kedushat Yisrael.
The Radbaz rules that a Ger who has milah but not Tevilah is not a Goy anymore and therefore if he touches wine it is not forbidden.
Teshuvot BeTzel Hachachma writes in regard to the question whether a Ger who had MIlah but not Tevillah can keep Shabbat the Tosfot Yeshanim (Yevamot 48) write, we know that a Goy who does Menucha on Shabbat is Chayev Mitah whoever since he intends to convert he can keep Shabbat. Even though Tosfot there asks the same question but does not answer with same differentiation, the machloket might only be by intent to convert but if he did Milah already Tosfot might agree with Tosfot Yeshanim. Therefore, A convert who only had Milah not Tevillah has a different status form a ne who did not hve anything doneto him yet but really wnats to convert. He is still a Non Jew and so he is forbiddento keep Shabbat. One who had Brit Mila doen to him is not a Jew, yet, but is also not a Non Jew and therefore he may keep Shabbat.

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