A legal system is much more than a collection of laws. It signifies the values a society holds dear. When one studies halacha, one is actually also studying philosophy. The Mishne Torah, the great legal code of the Rambam begins not with law, but with philosophy. Without the latter, the former runs the risk of turning into a lists of do’s and don’ts. We might view them akin to taxation laws - something we have to do but employ all kinds of strategies to legally (we hope) avoid. That halacha reflects a Jewish philosophical worldview is the basis of Rav Soloveitchik’s Halachic Man where the Rav paints a portrait of the underlying worldview of the Ish Hahalacha.
What often seems like a dry, technical, legal discussion often contains a most profound idea. “The convert, the captive and the maidservant who were redeemed, converted or freed at less than three years of age, their ketuba is two hundred and they have a claim of virginity” (Ketubot 11a). As we have previously discussed the value of the ketuba for a virgin was double that of a non-virgin and set at 200 zuz. While there was an implicit assumption that a Jewish woman getting married was a virgin such could not be said regarding slaves, captives and non-Jews[1]. However, a “loss of virginity” before the age of three had no significance as it was assumed her virginity would return.
It is clear from the teaching of the Mishna that a minor may be converted. But how is that possible? Conversion requires one to commit to a new way of life and can only be undertaken if one clearly understands and undertakes the serious obligations of becoming a Jew. Only an adult can do such.
It is to this unstated question that the opening words of the Gemara address themselves. In discussing the above Mishna, Rav Hunah teaches that “a convert who is a minor can be immersed with the consent of beit din”. This is so because “it is a benefit for him [or her to become Jewish] and one may benefit a person without his knowledge[2]”. Since becoming a Jew is a wonderful privilege one can bestow Jewishness on a minor despite his being unaware of what is happening. It is on this basis that we convert adopted non-Jewish children.
Yet in a fascinating and deep understanding of the nature of man, the Gemara rules that one may only assume it is a benefit to be a Jew for one who is a child. For an adult “who has tasted the taste of sin”, becoming Jewish is often a disadvantage. The “freedom” to act without the myriad restrictions of the Torah in every area of life is not something one readily gives up. To do so would be a chov, a disadvantage and “we cannot act for a person to his disadvantage absent his agreement!”
For a child who has yet to taste sin there is no more beautiful way of life than that of a Jew. Restrictions are seen as the necessary discipline for a life of holiness, obligations as a means for self-improvement, the words of the prophets as a call to social responsibility and the teachings of the Sages as guidelines for navigating the challenges of life. On the other hand unbridled freedom is most enjoyable and once accustomed to such it is most difficult to give up[3]. This is why for those who are shomer Shabbat there is no more beautiful day while for those who are not the thought of observing such in all its details is most frightening.
Of course there are exceptions, and Rav Yosef teaches that “when they become of age they can protest [their conversion]” and become non-Jews once again. There are some for whom a life of Torah is unappealing and they are given a chance to return to their status at birth. Thankfully there are also many who “have tasted the taste of sin” who see the beauty that a life of mitzvoth can bring.
To be successful in any area of life means, hard work, sacrifice, restrictions but ultimately fulfilment and joy. Freedom without restrictions can lead to anarchy. Freedom comes with responsibility and responsibility means rules. It is up to all who take their Judaism seriously to demonstrate the freedom and joy that mitzvoth bring. Let us “worship G-d in joy” and do our part to “proclaim liberty throughout the land.”
[1] As the sexual and religious ethos has changed we can no longer assume that most Jews marrying are virgins. The practice to write in the ketuba that the bride is a virgin even if we are not certain that she is - or even if we are certain that she is not - is done so as not to embarrass one by publicly announcing her non-virginity. This is allowed because the husband may obligate himself to pay the value of a ketuba for a betulah even to one is not.
[2] This principle is generally applied to monetary cases so that if I, without your knowledge, were to deposit $1,000 in your bank account it legally is yours and if I were to change my mind and withdraw the money it would be considered stealing irrespective of the fact that you are oblivious to the goings on. It is a safe assumption that most people would be happy to have some extra money and thus one can acquire such in ignorance.
[3] Perhaps it was this idea the Rabbis had in mind when they proclaimed that for every restriction in the Torah there is parallel pleasure that the Torah allowed (Chulim 109b). One must channel one's pleasure seeking selves to certain areas but one need not give them up.
