The conversion of a minor TB Ketubot 11

The ketubah is a prenuptial agreement that serves as an insurance policy and a divorce settlement in case the marriage ends either in death or divorce. The amount of money stipulated in the ketubah ensures that she will have the wherewithal to support herself. As we learned yesterday the minimum sum for a virgin is 200 maneh and the sum for a woman who has had sexual relations like a divorcee or a widow is 100 maneh. Obviously the groom may obligate himself a larger amount of money.

Today’s daf TB Ketubot 11 discusses different categories of women who circumstances deviate from the normal and the minimum amount of money their ketubot stipulate. “MISHNA: With regard to a female convert, or a captive woman, or a maidservant, who were ransomed with regard to the captive, or who converted with regard to the convert, or who were freed with regard to the maidservant, when they were less than three years and one day old, their marriage contract is two hundred dinars, as their presumptive status is that of a virgin. Even if they were subject to intercourse when they were younger than that age, the hymen remains intact. And they are subject to a claim concerning their virginity.” (Sefaria.org translation)

We learn some very practical halakhot concerning the conversion of young children. I have presided over cases where Jewish parents have adopted a non-Jewish child and want the child to be Jewish too. I have also presided over cases where in an intermarriage the couple has agreed to raise the child as a Jew. The court have the power to do so as the Gemara explains. “Rav Huna said: With regard to a convert who is a minor, one immerses him in a ritual bath with the consent of the court. As a minor lacks the capacity to make halakhic decisions, the court is authorized to make those decisions in his stead.” (Sefartia.org translation) I have refused a minor child’s request to become Jewish when both her parents are Gentiles. She was having some issues with her parents who were divorced. I told her if she is still interested in becoming Jewish when she has reached the age of majority i.e. 21, she may come back and see me.

Even though the Gemara always speaks about immersion in the mikvah, the court requires a male child to be circumcised. The Ritba and the Meiri explain that the Gemara only specifies immersion in the mikvah because that is the final step in the conversion process for both male and female. The Meiri adds that circumcision alone is insufficient for a male’s conversion.

The Gemara adds one more important halakha. Until the child reaches the age of majority, he/she has the ability to elect not to be Jewish. However, “Rav Yosef said: In any case where minors convert, when they reach majority they can protest and annul their conversion….Once she reached majority for even one moment and did not protest, she may no longer protest.” (Sefaria.org translation)

Ultimately Rav Huna teaches us that becoming Jewish is a great privilege (zakhut-זְכוּת).