Anusim, Tshuba, and Halakha
B"H
In centuries past an anusi was not asked to give pedigree back to
Sarah. R' Sh*lomo ben Shimon Duran in his 89th responsum requires
absolutely nothing of a returning anusi. This opinion generally held
sway for Iberian anusim returning to the Sepharade community.
Sepharade communities were overwhelmingly sympathetic to their
relatives, friends and colleagues who were fortunate enough to able to
make a return to the faith. The presumption, whether true or false in
actuality, is that anusim are an endogamous community. General opinion
held that an anusi was a Jew even if the anusi in question is NOT
seeking t*shuba.
The Franco-German school from Rashi had a much stricter view on
identity of anusim. The attitude is much sterner toward issues of
identity and inclusion. They'd rather see a Jew die than even pretend
to apostacy in life threatening conditions.
This attitude developed from earlier circumstances that were quite
different from that where the Inquisition was rooting out and destroying
"Judaizers". Thus the halakhic response would of course be different.
Halakha is not decided without considering the time and clime. That is
why halakhoth do vary between Ashkenazim and Sepharadim. Halakha is
not an all covering blanket but a tailored garment that fits the
particular case requiring a ruling.
An unfortunate happenstance of our time period has caused certain
populations to undergo background checks back to Sarah for Indians and
Ethiopians, communities that not only are not anusim but have retained
Jewish identity and ritual intact for centuries and are pointed out as
Jews by the surrounding non-Jewish nationals of their diaspora.
In these cases the background check was clearly a ruse to deny these
people their identity and rights in the state of Israel. To some
degree, all Jews who don't resemble certain European phenotypes are
liable to encounter bias from prejudiced Jews. Non-prejudiced
Jews have been instrumental in wearing down this xenophobia
of their benighted landsmen.
Anusim would best be served by applying for return, if at all posible
or known, directly to the community from which they were forced. Such
a community remains in the know and knows exactly how to integrate its
"missing" members back into the fold quietly and without fanfare.
Likewise, isolated Hebrew communities whose links to the broad mass of
Jewry have been severed, should seek to make ties with the communities
from which they branched off.
The alternative is the status quo - to be treated as a non-Jew and
undergo full formal conversion. In some instances this will be the
advisable route.
SR' Yafeu ibn Taom
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