Assuming a person meets the Rambam's definition of a kofer as outlined in Hilchos Teshuvah Chapter 3, can such a person serve as dayan on a giyur beis din?
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11Note: If the goal of this question is to go announce retroactively that all conversions arranged by some person you think is a kofer are invalid, please don't do any of that here. Keep everything here theoretical and free of lashon hara – Double AA May 24 '21 at 00:17
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3Why are you specifically asking about him being dayan on a giyur beis din? – Tamir Evan May 24 '21 at 02:26
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@Tamir Evan I ask specifically about him being a dayan on a giyur beis din because the fact that he is a kofer might make the giyur pasul. – Nosson May 24 '21 at 04:45
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Should be no different than a kofer serving on any beis din – robev May 24 '21 at 15:32
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@Nosson "... the fact that he is a kofer might make the giyur pasul" What about decisions of any other type of beis din? Do you have reason to believe that, him being a kofer, is less/not likely to make other types of beis din decisions (that he is a part of) pasul? – Tamir Evan May 25 '21 at 03:24
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@TamirEvan Apologies for the late reply. No, I was not implying that him being a kofer is less/not likely to make other types of beis din decisions (that he is a part of) pasul. – Nosson May 31 '21 at 05:35
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No,the bais din needs to be comprised of 3 kosher Jews and it is learned from the passuk in bamidbar 15 (משפט אחד יהיה לכם...) and the word משפט means 3 kosher Jews(Yevamos 46b) . See Yoreh Deah 268:3 with the Shach (8) .
For further laws see Choshen Mishpat siman 7,and 34 which discusses who is disqualified for becoming a Dayan and witness .
Text of Shach:
צריך שיהיו בשלשה הכשרים. דכתיב גבי גר משפט אחד יהיה לכם ואין משפט בפחות מג' כשרים:
sam
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We rule that that is eruv parashiot and in the parasha elohim is written. We need 3 and Mumchim. ksherim and not Pesulim. – kouty May 25 '21 at 04:09
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That derivation comes from the Talmud,text: אמר רבי חייא בר אבא אמר רבי יוחנן גר צריך ג' משפט כתיב ביה – sam May 25 '21 at 14:37
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The appropriate Kitzur Shulchan Aruch is 181:2 which discusses the subject of going before a secular court, as opposed to a properly constituted Jewish Beit Din.
Rambam in Laws of Foreign Worship 2:5 explains that a Jew who is in the category of a kofer is not treated as a Jew, but as a non-Jew in all matters. Since the basis of your theoretical question is based on Rambam's definition of a kofer, the answer would evolve from that source.
Based on your profile picture, you seem to hold Rav Ganzfried, the author of Kitzur Shulchan Aruch in esteem.
He explains that submitting to a court comprised of such people is like is found in the section of Kitzur Shulchan Aruch quoted above. He emphasizes that such courts may even judge and operate seemingly in accordance with Jewish law. Nevertheless, it is prohibited to use them.
Yaacov Deane
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Regarding the last paragraph: (1) Where does he (Rav Ganzfried?) explain and emphasize these things? (2) By "such people" you mean keferim? (3) When you say "comprised of", it suggests all of them are. Did you mean that? (4) If (3) is yes, what if only one of them is a kofer? – Tamir Evan May 25 '21 at 03:34
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1@YaacovDeane Please check once again the Rambam in Laws of Foreign Worship 2:5. Isn't he talking about an idol worshipper and not someone who is just a kofer when he says that such a person is a non-Jew in all matter? – Nosson May 25 '21 at 05:20
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@Nosson If you continue to read, Rambam explains that all these types of individuals fall into the general classification of denying Moshe Rabbeinu and the entire Torah. That is, according to Rambam, why they are not dealt with as Jews. In your theoretical condition, such a court would not be a”Jewish Beit Din” as required by the author of Kitzur Shulchan Aruch for Jewish legal proceedings like a conversion in today’s setting. – Yaacov Deane May 25 '21 at 10:53
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@TamirEvan I was trying to avoid publicizing this idea and leaving it only to someone like Nosson, who is curious about a very limited theoretical condition and will follow the link to the language of the Kitzur Shulchan Aruch. It’s very clear what he poskins there. – Yaacov Deane May 25 '21 at 10:58
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@Nosson Another point to make note of from Kitzur Shulchan Aruch in the preceding sief (181:1) and in connection with the piskei dinim from Rambam is that to have the "din" of being a Kofer requires that there be an actual judgement from a legitimate Jewish Beit Din with witnesses and judgement, etc. The random opinion of one Jew about another does not define halachic status. In general, we are to avoid legal disputes and judge one another as legitimate and innocent (Dan l'kaf zchut). This principle is one of the explicit parts of morning blessings said each day. – Yaacov Deane May 25 '21 at 13:53
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@YaacovDeane "If you continue to read, Rambam explains that all these types of individuals fall into the general classification of denying Moshe Rabbeinu and the entire Torah. That is, according to Rambam, why they are not dealt with as Jews." I am not able to see where he says that a kofer is a non-Jew in all matters. Could you please point it out? – Nosson May 25 '21 at 14:30
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@Nosson In Laws of Foreign Worship 2:5 it states that Jews who actually worship idols, and those in the categories of Mumrim and Apikorsim are to be dealt with not as Jews, but as non-Jews in all matters. In Hilchot Teshuva 3:8 Rambam explains that the general category of Apikorsim includes the sub-category of Kofrim and explains clearly what it means to be a Kofer. – Yaacov Deane May 25 '21 at 16:38
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@TamirEvan Regarding your last two questions, "(3) When you say "comprised of", it suggests all of them are. Did you mean that? (4) If (3) is yes, what if only one of them is a kofer?" A single Kofer among the Judges would seem to invalidate the court as a whole because a valid Jewish Beit Din must be comprised of legitimate members. It would not necessarily mean all the Judges were Kofrim. Remember, this is only a theoretical scenario. So we are discussing any possible circumstance. How a single, valid Judge on a court could reach such a state of being is another discussion entirely. – Yaacov Deane May 25 '21 at 16:59
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1@YaacovDeane "In Hilchot Teshuva 3:8 Rambam explains that the general category of Apikorsim includes the sub-category of Kofrim and explains clearly what it means to be a Kofer." I'm not able to see where he says in Hilchos Teshuvah 3:8 that the general category of Apikorsim includes the sub-category of Kofrim. To the contrary he lists 3 individuals who are described as apikorisim and then separately lists 3 individuals who are described as kofrim. Also please see the following question: https://judaism.stackexchange.com/questions/36706/what-is-the-difference-between-a-kofer-and-apicorsis – Nosson May 26 '21 at 01:34
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@Nosson In Mechon Mamre's version of Laws of Foreign Worship 2:5 (based on Yemenite manuscripts, but also in some old print editions, like here and here) instead of Mumrim it says Meshumadim, and instead of Apikorsim it says Minim (still not Kofrim). – Tamir Evan May 26 '21 at 03:31
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@TamirEvan I am using an English translation which I don't trust, I don't have access to anything else. – Nosson May 31 '21 at 05:38
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@TamirEvan Those changes may have been introduced by censors. I believe the Kapach edition follows Mumrim and Apikorsim. – Yaacov Deane May 31 '21 at 18:11
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@YaacovDeane Mechon Mamre's edition is based on Yemenite manuscripts, just like the Kapach edition, so I doubt you'll find many differences (especially regarding censorship changes). Hallmarks of editions made under [Christian] censorship are: Moving away from using מינים (which, beyond it's technical meaning, was a term often used for Christians), using עבודת כוכבים instead of עבודה זרה, and עכו"ם instead of גוי, and redacting chapter 11 of Melakhim u-Milchamot. Those don't seem to appear in the editions I linked to. – Tamir Evan Jun 01 '21 at 02:27
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@YaacovDeane net-sah.org has a viewable version of the Kapach edition. You'll have to scroll down to where it says "קבצים חינמיים", select "עבודה זרה וחוקות הגויים" from the drop down list, and when it loads, go to pages 18 and 19. There you'll see, it has משומד and מינים, just like in the links I brought. – Tamir Evan Jun 01 '21 at 02:43
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@TamirEvan Thanks for the link. I still haven’t splurged to pick up a $1000.00 printed copy of the Kapach edition for my personal library. It’s been on my shopping list for years. Just ordered a complete set of the writings of Rabbi Moshe Alshich HaKadosh. Can’t wait to look inside. – Yaacov Deane Jun 01 '21 at 10:06
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@YaacovDeane I didn't bring the link for the book purchase. I brought it for the viewer at the bottom of that page, and the drop down list right above it, that allows you to select and view the contents of the section of the Kapach edition of Mishneh Torah you want. For instance: screenshots of page 18 and page 19, that I mentioned in my previous comment. – Tamir Evan Jun 06 '21 at 02:45