קול דודי דופק, הערות המחברKol Dodi Dofek, The Author's Notes

א׳
1‎1. See TB Berakhot 7a. R.Meir was of the opinion that Moses’ request to understand suffering ‎‎(why ‎the good suffer and evildoers prosper) went unanswered. R. Johanan, in the name of R. ‎Jose, ‎disagrees with R. Meir. Maimonides, in the Guide for the Perplexed, follows the view ‎that ‎the Holy One enlightened Moses as to the workings of all existence. See Guide for ‎the ‎Perplexed 1:54: “This dictum — ‘All My goodness’ — alludes to the display to [Moses] of ‎all ‎existing things … that is, he has grasped the existence of all My world with a true and ‎firmly ‎established understanding.” Guide for the Perplexed, trans. S. Pines (Chicago: ‎University of ‎Chicago Press, 1963), p.124.‎
ב׳
2‎2. The Rishonim dealt with the removal of choice from man as a result of his being ‎deeply ‎enmeshed in sin. See Maimonides, Hilkhot T’shuvah 6:3, and Ramban ad ‎Exodus 7:3, ‎‎9:12.‎
ג׳
33. The connection between adversity and repentance was expressed in the mitzvah of ‎sounding a ‎warning with trumpets when adversity is about to befall the community. Maimonides ‎‎(Hilkhot ‎Ta’anit 1:1-4), states: “A positive Scriptural commandment prescribes prayer and ‎the sounding ‎of an alarm with trumpets whenever trouble befalls the community. For when ‎Scripture says, ‎‎‘Against the adversity that oppresses you, then you shall sound the alarm with ‎trumpets’ ‎‎(Numbers 10:9), the meaning is: Cry out in prayer and sound an alarm against ‎whatsoever is ‎oppressing you, be it famine, pestilence, locusts or the like. [And the Scribes teach ‎us that we must ‎fast until we are pitied from heaven on every misfortune that shall befall us.]” ‎Translation from I. ‎Twersky, A. Maimonides Reader (New York: Behrman House, 1972), pp. ‎‎113–114.
There are two unique mitzvot: (a) A positive mitzvah of confession and repentance ‎for every sin ‎that man commits. This mitzvah is explained in the biblical portion of Naso. “When a ‎man or a ‎woman shall [commit any sin that men commit], they shall confess the sins that they have ‎done” ‎‎(Numbers 5:6). Maimonides, in the Sefer HaMaddah, dedicated ten chapters to ‎this ‎mitzvah, entitled Laws of Repentance. (b) There is a specific mitzvah of repentance in an hour ‎of ‎misfortune, as recorded in the above-noted passage concerning the trumpets: “And when you ‎go ‎to war [in your land against the adversary that oppresses you, then you shall sound the alarm] ‎‎ ... ‎and you shall be saved from your enemies” (Numbers 10:9). In practice, the biblical obligation to ‎be ‎aroused to repentance is accomplished by the sounding of the trumpets, to which the ‎Rabbis ‎added the vehicle of fasting.‎
Essentially, the obligation to repent is tied to the suffering of the ‎community, as noted by the ‎Mishnah: [that repentance is called for] “For every misfortune that ‎shall befall the community” (TB ‎Ta’anit 19a and Maimonides, loc. cit.). Indeed, the obligation of the ‎individual who finds himself in ‎extremis to return to God is also derived from this Torah portion. ‎The fact that the halakhah ‎recognized the individual’s fast as valuable, proves that the individual is ‎obligated to repent in a ‎time of trouble. According to Maimonides, there can be no fast devoid of ‎repentance. In ‎‎[Hilkhot T’shuva 1:9], Maimonides writes that “Just as the community fasts ‎on the occasion ‎of its adversity, so does the individual fast on the occurrence of his misfortune.” ‎Similarly, the ‎‎baraita cited in TB Ta’anit 22b states: “The Rabbis taught: In the case of a city ‎that was ‎surrounded by hostile gentiles, or by an overflowing river, or a ship being tossed by a ‎stormy sea, ‎or an individual pursued by non-Jews or by thieves or by a hurricane, etc. [in all these ‎instances ‎one may sound a voice alarm on Shabbat].” Maimonides ruled accordingly in Mishneh ‎Torah, ‎Hilkhot Ta’anit 1:6 (it being understood that there is no sounding of the trumpet on a ‎weekday ‎for an individual who is being pursued). The trumpets are sounded only for communal ‎adversity ‎and not for individual misfortune. There are specific halakhot in tractate Ta’anit and in ‎Maimonides’ ‎‎Hilkhot Ta’anit, chap.5, that delineate the character of communal adversity. ‎The ‎‎baraita only sought to teach that an individual who finds himself in extremism may ‎cry ‎out (according to Maimonides even on the Shabbat). It is therefore established that the ‎obligation ‎of crying out is equally applicable to the individual and the community, and of what ‎benefit is ‎crying, if it does not issue forth from a soul that regrets its sins?‎
The difference ‎between the general mitzvah of repentance and the obligation to repent in a time ‎of adversity ‎may be distilled in one detail: Repentance for sin is tied to the knowledge that one has ‎sinned. So ‎long as a man is not aware of his sin he has no obligation [to repent]. One cannot be ‎obligated to ‎obtain forgiveness without knowledge of the sin for which he repents. As the verse ‎states, “If his ‎sin, wherein he has sinned, be known to him [he shall bring for his offering a goat, a ‎male without ‎blemish] (Leviticus 4:23, emphasis added). Knowledge of a sin obligates the bringing ‎of a sin-‎offering. Similarly, with regard to repentance, man is not required to repent for those ‎‎[misdeeds] ‎that are hidden, but only those that are revealed to him. However, in a time of ‎adversity, the ‎sufferer must examine his deeds and inquire after his sins in order to repent for ‎them. The ‎essence of suffering confirms the existence of sin and commands man: find your sin and ‎return to ‎your Creator. Examining one’s deeds is characteristic of the obligation of repentance ‎which is tied ‎to suffering.‎
We know that on fast-days courts would sit and examine the deeds of the ‎inhabitants of the city. ‎The Talmud (TB Megillah 30b) states: “From the morning a group … ‎examines the deeds of ‎individuals.” Maimonides ([Hilkhot Ta’anit] 1:17) firmly establishes ‎the halakhah: “On each ‎fast day undertaken by a community beset by troubles, the court and the ‎elders should remain in ‎session at the synagogue from the end of the morning service until ‎midday, to examine into the ‎conduct of the citizens and to remove obstacles to righteous living ‎provided by transgressions. ‎They should carefully search and inquire after those guilty of extortion ‎and similar crimes.” ‎‎(Translation from I. Twersky, Maimonides Reader, p.114). 114). [Cf.TB ‎Eruvin 13b, “And now ‎that [man] is created let him examine his deeds, and we said he shall take ‎hold of his sins.”] The ‎obligation to examine one’s deeds relates to a time of misfortune. It appears ‎that the special ‎obligation to repent on Yom Kippur (as explained in Maimonides, Hilkhot ‎T’shuvah 7:7 and ‎in the Sha’arei T’shuvah of Rabbenu Yonah Gerondi) was established ‎as a special obligation ‎of repentance for undisclosed deeds and a requirement to examine one’s ‎deeds in order to reveal ‎the dishonorable aspects of a man’s life. In this regard the obligation of ‎repentance on Yom Kippur ‎coincides with the obligation of repentance in a time of suffering. ‎Concerning these opportunities, ‎the verse states: “Let us search and examine our ways and return ‎to the Lord” (Lamentations 3:40).‎
Established as a special obligation of repentance for ‎undisclosed deeds and a requirement to ‎examine one’s deeds in order to reveal the dishonorable ‎aspects of a man’s life. In this regard the ‎obligation of repentance on Yom Kippur coincides with ‎the obligation of repentance in a time of ‎suffering. Concerning these opportunities, the verse ‎states: “Let us search and examine our ways ‎and return to the Lord” (Lamentations 3:40).‎
ד׳
44. These statements and what follows are based on the passage in TB Bava Batra [15a–b] that cites diverse views as to the generation and time in which Job lived.
ה׳
5‎5. TB ‎Sanhedrin 94a.‎
ו׳
6‎6. Cf. Maimonides, Hilkhot Melakhim 1:9 and the gloss of Rabad ‎thereon. However, ‎Maimonides’ approach is directed to the period after the kingship was given to ‎David [after having ‎been taken from Saul] and not to King [Saul] who preceded him. Cf. I Samuel ‎‎13:13–14. The ‎rending of the kingdom of Judah [for generations] thus began with Saul. He too ‎could have made ‎amends for his sin by repentance.‎
ז׳
7‎ 7. This notion is expressed by Rava, TB ‎Sanhedrin 72a,“Amar Rava mai ta’ama de-mahteret, ‎‎[etc.]”‎
ח׳
88. Maimonides (Hilkhot ‎Bet HaBehirah 6:16) states almost explicitly that the fact that the ‎second sanctification has ‎endured till today and will last forever is based on the same rationale that ‎he used in relation to the ‎question of the sanctity of the Temple that cannot be nullified. Physical ‎destruction cannot exile ‎God’s Presence from among the ruins.‎
ט׳
9‎9. See Yalkut Shimoni, Nitzavim, s.v. shalosh ‎beritot; TB Berakhot 48b and Rashi ad ‎loc.‎
י׳
10‎10. See the Sefer HaShorashim [“Book of ‎Hebrew Roots”] of R. David Kimhi, shoresh ‎‎“im” [lit. “with”]: “The import of this ‎word is joining and cleaving … and the word am ‎derives from it … since a collection of ‎people and their joining together is called an am.” ‎‎[The two Hebrew words are spelled with ‎the same consonants and differ only in the vowels ‎appearing below the consonants.] Cf. ‎‎Gesenius, Hebrew and Chaldean Lexicon, s. v. am.‎
י״א
11‎11. Cf. Tosafot, TB Menahot 37a, ‎s.v. ‘o. See also Shittah Mekubbetzet ad loc., par. ‎‎18.‎
י״ב
12‎12. TB Sotah 37b, ‎TB Sanhedrin 43b, Rashi ad Deuteronomy 29:28.‎
י״ג
13‎13. See Maimonides, Hilkhot Yesodai ‎HaTorah 5:11.‎
י״ד
14‎14. Maimonides, Hilkhot Matnot Aniyyim 10:2.‎
ט״ו
15‎15. The Talmud ‎states (TB Shabbat 88a): “One learns from this that the Holy One held the Mountain ‎‎[i.e., Sinai] over ‎their heads like an inverted cask.” This expresses the notion that God proposed to ‎the Jewish ‎people that they accept the Torah and deliver themselves to Him out of their free will in ‎order to ‎live the life of a holy people, instead of a compelled existence of destiny, which is likened ‎to being ‎perpetually threatened by a mountain hanging over one’s head like an overturned cask” ‎Cf. ‎Tosafot ad loc. s. v. kafah and moda’ah.‎
ט״ז
16‎16. See R. Yonah Ibn Janah, Sefer ‎HaShorashim (ed. A. Bacher), s.v. goy. See also R. David ‎Kimhi, Sefer HaShorashim, “R. ‎Jonah [Ibn Janah] said that the term goy [nation] is ‎appropriate for [even] one person, as it ‎says, ‘Shall you slay even a righteous goy?’ (Genesis ‎‎20:4).” See also (a) S.Mandelkern, ‎‎Concordance. s.v. goy, where he states, “It refers to a ‎group of people who belong to one ‎nation that have formed a body [politic] (emphasis added),” ‎and (b) Gesenius, Hebrew ‎Lexicon, s.v. goy.‎
However, occasionally we encounter the term goy in relation to a group ‎of animals, as in “For a goy ‎‎[of locusts] has come up to my land” (Joel 1:6). It is understood that with ‎regard to animals this ‎term appears metaphorically. See (a) Radak and Rashi ad loc., and (b) R. Elijah ‎of Vilna, ‎‎Commentary on the Bible, ad Isaiah 1:4, “Ah, sinful nation, a people laden ‎with ‎iniquity,” wherein he states:‎
‎“Now … the term am will be used with respect to the ‎collective of a large number of persons, even ‎a multitude, … but [the term] goy is used ‎only for those who are law-abiding … as our Rabbis ‎have said, ‘“There he became a goy” ‎‎(Deuterotomy 26:5). This teaches that the Israelites ‎were distinctive there’ [Passover Haggadah] ‎‎[i.e., by their observance of traditional norms of ‎behavior].”‎
י״ז
17‎17. The phrase am kadosh [holy ‎nation] connotes a collective that has been elevated in holiness. It ‎is essentially equal in essence to ‎the term goy kadosh [holy people].‎
י״ח
18‎18. The uniqueness of the Jew began to be forged in the ‎crucible of the affliction in Egypt. The ‎historical suffering in Egypt fashioned the image of the nation ‎as a people, possessing a special ‎physiognomy and an individual nature that readied it for the ‎sublime moment of the concluding of ‎the Covenant of Destiny at Sinai. Scripture attests to the ‎birth of the Jewish collective in Egypt. “An ‎Aramean attempted to destroy my father [Jacob], then ‎‎[Jacob] descended to Egypt … and there ‎he became a nation” (Deuteronomy 26:5). How ‎beautifully our Rabbis expounded this verse: “This ‎teaches that the Israelites were distinctive ‎there” [ibid.]. Nationhood and being “distinguished as a ‎special collective” mean the same thing. ‎Truthfully, the forging of a Nation-People was the purpose ‎of the enslavement of our forefathers ‎in Egypt. They descended as the sons of Jacob, and they left ‎as a nation tied to God and a people ‎destined to the revelation of Providence and the conclusion of ‎the Covenant of Destiny at Sinai.‎ ‎[As the Zohar says: “Similarly with [Jacob’s descendants] whom ‎God desired to make a unique and ‎perfect people and to bring near to Himself: if they had not first ‎gone down to Egypt and been ‎tested there, they would not have been God’s chosen people … ” ‎‎[Zohar, Lekh Lekha 83a (New ‎York: Soncino Press, 1933, vol. 1, p. 276–277]. However, until they ‎went out from Egypt they were ‎not yet a nation and did not appear in a fitting light. As it is written: ‎‎“As a rose among thorns so is ‎my love among the daughters” (Song of Songs 2:2). The Holy One ‎desired to shape Israel on the ‎celestial pattern, so that there would be one rose on earth, [similar ‎to the] rose in heaven. Now ‎the rose, which gives out a sweet aroma and is conspicuous among all ‎other roses, is the one that ‎grows among thorns” [Ibid., Ki Tissa 189b, vol. 4,p. 138].‎
י״ט
19‎19. A congregation can also signify devotion to a negative ideology by people who sow evil. ‎‎“And ‎he shall not be as Korah and his congregation” (Numbers 17:5) [and] “All this evil ‎congregation” ‎‎(Numbers 14:35).‎
כ׳
20‎20. See Maimonides, Hilkhot T’shuvah 3:11, “One who secedes from the ‎commonweal, ‎even though he commits no transgressions other than separating himself from the ‎congregation of ‎Israel, and does not perform mitzvot in its midst and does not share in its suffering ‎and does not ‎fast on its fast-days, but goes his own way like a gentile who is not part of the ‎congregation, has no ‎portion in the world-to-come.”‎
כ״א
2121. [I.] Maimonides [Hilkhot Issurei Bi’ah 13:1-3, based upon TB Keritot 9a] states explicitly ‎that ‎in Egypt there was no immersion required [for conversion], which took effect solely by means ‎of ‎circumcision. It was at Mount Sinai that the children of Israel were commanded to ‎immerse ‎themselves as part of the conversion process. As Maimonides says: conversion process. ‎As Maimonides says: “With three [rituals] did the people of Israel enter the ‎covenant: circumcision, ‎immersion, and the offering of a sacrifice. Circumcision took place in Egypt, ‎as it is written, ‘But no ‎uncircumcised person shall [eat of the Paschal offering]’ (Exodus 12:48); ‎‎[thus] Moses circumcised ‎them. ‘Immersion was in the desert before the giving of the Torah, as it ‎is written, ‘And sanctify ‎them today and tomorrow, and let them wash their garments’ (Exodus ‎‎19:10). “Maimonides ‎interprets the talmudic statement (Yebamot 71a) that one may not convert ‎through circumcision ‎alone as referring solely to posterity, but not to the first Passover, where all ‎agree that circumcision ‎was sufficient to effect conversion. Similarly, Maimonides would explain ‎the position of R. Joshua ‎that immersion was required as part of the conversion of our forefathers ‎as dating from the ‎revelation at Sinai, in accordance with the plain import of the verses cited the‎re (see Yebamot ‎‎46b, s. v. R. Joshua). However, Maimonides would concede that with ‎respect to the ‎women in Egypt immersion was required. As the Talmud states explicitly in that ‎portion: “For it is ‎impossible to defer the immersion of the women from the time of the liberation ‎from Egypt to the ‎revelation at Sinai.” This is because of a powerful question that arose in the ‎Talmud and was noted ‎by Rashi (ad loc., s.v. b’imahot): “[This refers to] their wives who ‎immersed themselves, as ‎is explained below. For if they had not immersed themselves, by what ‎act would they have ‎entered under the wings of the Shekhinah?” In other words, they required ‎some formal rite of ‎conversion. Similarly, the Tosefta (TB Pesahim 8:18) asserts that the ‎requirement that non-Jewish ‎maid-servants immerse themselves prevented [their masters from] ‎bringing the Paschal offering ‎according both to the view stated in the Mishnah and that of R. Eliezer ‎b. Ya’akov. Cf. Rabad, ‎‎Hilkhot Korban Pesah 5:5.‎
In truth, we could maintain that immersion for males was also practiced in Egypt, and that at ‎Mount ‎Sinai the males were commanded to immerse themselves again because the giving of the ‎Torah ‎would endow them with an extra level of sanctity. Every act of convers ion requires ‎immersion, ‎and the conversion in Egypt conformed to this general rule.‎
‎[Translator’s note: A non-Jew who is acquired as a slave by a Jew must undergo immersion ‎and ‎circumcision. He thus acquires the status of a quasi-Jew and is obligated to perform some of ‎the ‎mitzvot. When the slave is freed and becomes a full-fledged Jew he requires a second ‎immersion]. ‎This view is supported by the position of many Rishonim, among them Maimonides, ‎that the ‎second immersion of a non-Jewish slave [as part of his manumission] is a biblical ‎requirement. This ‎results from the slave’s being endowed thereby with an added dimension of ‎obligation to perform ‎mitzvot, through his elevation, as a free man, to the status of a full-fledged ‎Jew. It is thus ‎understandable, that at Sinai, when the Jews embraced Torah and mitzvot, they ‎were required to ‎undergo an additional immersion, aside from the one undergone in Egypt. Even ‎according to the ‎view of Nimmukei Yosef, who holds that the immersion of a manumitted slave is ‎only rabbinically ‎ordained, the Jews at Sinai were nevertheless required to undergo a second ‎immersion. The case ‎of a slave, who was already [partially] converted through circumcision and ‎immersion and had ‎there by already entered the Covenant, is different from that of the children of ‎Israel at Sinai, who ‎needed to be endowed with an added dimension of sanctity which served as ‎the basis of the ‎Second Covenant. Regarding the slave, in the opinion of Nimmukei Yosef, there is ‎no need [i.e., ‎biblically] for an added act of immersion, because we are dealing with the presence ‎of an obstacle ‎‎[to full Jewish status, i.e., servitude]. Once the servitude is cancelled through ‎manumission, ‎removing the obstacle that precluded the slave from an obligation to timebound ‎mitzvot as well as ‎from marriage to a Jewish woman, he lacks nothing [i.e., he needs no further ‎formal act of ‎conversion]. At Sinai, however, the Jews were imbued with a new form of sanctity ‎that had been ‎unknown before and thus were enjoined to perform a second act of conversion. ‎Therefore, they ‎required a second immersion.‎
‎[II.] One could ask why the children of Israel were not required to undergo a second symbolic ‎act ‎of circumcision [hatafat damberit; lit. “the letting of blood from the place of ‎circumcision”] ‎at Sinai. To this one could reply that circumcision (of a convert), which normally ‎precedes ‎immersion and (as noted above) does not generate a new dimension of sanctity, need ‎not occur a ‎second time on the occasion of an individual’s acquiring added sanctity. We require ‎simply that a ‎proper act of circumcision be performed for a conversion to proceed. Thus, if the ‎circumcision had ‎already been performed, when the convert had entered into a lower degree of ‎sanctity, we need ‎not [symbolically] circumcise him again when he enters into a state of higher ‎sanctity. So, too, the ‎slave, when he is emancipated, he need not be circumcised even though he ‎becomes obliged to ‎perform new mitzvot and is raised up to a higher level of sanctity. This is ‎because his first ‎circumcision, undertaken for quasi-conversion [lit. “slavery conversion”] was ‎properly performed. ‎However, the immersion, which completes the conversion, and from which ‎full Jewish status ‎‎[kedushat yisrael, lit. “the sanctity of Israel”] issues, must be repeated ‎when the convert ‎ascends from a lower level of sanctity to one that is higher.‎
However, upon broader examination (of the Rishonim), how shall we account for the opinion ‎of ‎Nahmanides, who maintains (novellae ad Yebamot 47b, s. v. nitrape) that a ‎convert ‎who immerses himself, and only subsequently is circumcised, has undergone a perfectly ‎valid ‎conversion? In line with this opinion we would periodically encounter situations in ‎which ‎circumcision comes (after immersion) and thus at the end of the conversion process. If so, ‎the ‎elevating factor would be reversed, and we would be required to perform hattafat ‎dam ‎berit after the immersion since this would bring him to a higher degree of holiness and ‎not the ‎immersion.‎
However, note that Ramban [loc. cit.] asserts that even the members of the tribe of Levi, who ‎had ‎been circumcised prior to the Exodus from Egypt in fulfilment of the mitzvah [i.e., the one ‎given to ‎Abraham] and not for purposes of conversion, did not require hattafat dam berit, ‎as he ‎wrote:‎ “And if so, how did the tribe of Levi enter the covenant? They went through the ‎process of ‎‎hattafat dam berit. Yet it appears to me that as regards the requirement for ‎circumcision, ‎they did not require hattafat dam berith because they were already ‎circumcised for the ‎sake of the mitzvah of circumcision; unlike the circumcision of an Arab or a ‎Gibeonite, who were ‎not given the mitzvah of circumcision, and therefore are [legally] considered ‎uncircumcised.” It is ‎apparent from Nahmanides’ statement that circumcision is not as integral an ‎act as immersion in ‎the process of conversion. The object of circumcision is to remove the convert ‎from the category ‎of the uncircumcised. If he was not circumcised, he cannot become infused with ‎‎kedushat ‎yisrael, because an uncircumcised person may not enter the covenant. ‎Accordingly, if the ‎convert is circumcised, he need only immerse himself in order to convert. An ‎Arab who was ‎circumcised but not for the purpose of conversion is legally uncircumcised and must ‎undergo ‎‎hattafat dam berit. (See TB Nedarin 31b,Yebamot 71a, Abodah Zarah 27a.) ‎However, the ‎sons of Levi, who were descended from Abraham and were circumcised according to ‎the ‎command of the Holy One,were not enjoined to undergo hattafat dam berit
In light of this suggestion [and employing the above supposition] we [are able to] resolve ‎our ‎question as to why recircumcision [hattafat dam berit] is not required when going to ‎a ‎higher state of sanctification according to the view of Nahmanides, who holds that at ‎times ‎conversion is completed with circumcision.‎
We have seen [as delineated above] that circumcision is not at all part of conversion. ‎All ‎circumcision does is remove the convert from the category of the uncircumcised. Therefore, ‎one ‎who is already circumcised [according to the halacha] does not require hattafat dam ‎berit ‎when he ascends from one level of sanctity to another level. Immersion is different ‎because it ‎instills Kedushat Yisrael and is thus an integral part of the conversion process. ‎Therefore, ‎when additional sanctity is to be added we require immersion but not hattafat dam ‎berit. ‎Nahmanides, however, is of the view that immersion can take place before circumcision, ‎even ‎though one does not become a full-fledged Jew immediately thereafter. It is, however, ‎effective ‎for the future. When the convert is circumcised [and the obstacle removed], his ‎conversion and ‎Jewishness take hold as a result of the prior immersion.‎
‎[III.] The basic question of whether circumcision is a part of the conversion process or ‎merely ‎removes the convert from the status of being uncircumcised is dependent upon a dispute ‎among ‎the Rishonim as to whether a bet din need be present at the time of the ‎circumcision. From ‎the manner in which Maimonides formulates his opinion, we can deduce that ‎the presence of a ‎‎bet din (religious court) is required only for the immersion. In line with ‎this, one could argue ‎that circumcision achieves nothing more than the removal of a legal bar to the ‎conversion [See ‎Hilkhot Issurei Bi’ah 13:6 and 14:5-6].‎
Tur and Shulhan Arukh note the necessity of the [formal] process of bet din ‎for ‎circumcision as well, and so it is explicitly stated in the novella of Ramban (TB Yebamot ‎‎45b). ‎If this is the case, our suggestion that Nahmanides views circumcision as simply the removal ‎of the ‎status of being uncircumcised is incorrect. The very fact that Nahmanides requires the ‎presence of ‎a bet din at the time of circumcision testifies that the act of circumcision is an ‎integral act of ‎conversion and therefore susceptible to the requirement for the presence of a ‎‎bet din. The ‎question thus rearises: Why did the tribe of Levi at Mount Sinai not undergo ‎‎hattafat dam ‎berit, since their original circumcision was not for the purpose of ‎conversion?‎
‎(Nahmanides’ view is actually similar to that of Tosafot [Yebamot 41b, s. v. mi ‎lo], that ‎immersion and circumcision are sufficient to fulfill the mitzvah of circumcision [and do ‎not need to ‎be done explicitly for the sake of conversion]. Nahmanides relied on the statement of ‎the ‎Jerusalem Talmud that he cited. This, however, will not provide a solution to our ‎quandary. ‎Circumcision and immersion for the sole purposes of fulfilling these mitzvot are ‎acceptable for ‎conversion only once the Torah was given and the halakhah of conversion was ‎established ‎requiring that conversion is accomplished through circumcision and immersion. In this ‎framework, ‎circumcision and immersion are effective even if performed solely in fulfillment of ‎a ‎commandment and not explicitly for purposes of conversion. However, the tribe of Levi, ‎which ‎was circumcised in Egypt before the people of Israel were given the mitzvah of circumcision ‎for ‎purposes of conversion, concluded an act of conversion through circumcision. This [pre-Sinaitic] ‎act ‎of circumcision cannot effectuate the conversion which the Jews were later commanded ‎to ‎undergo at Sinai.)‎
It would appear that Nahmanides was of the opinion that circumcision constitutes an act ‎of ‎conversion only so long as it (is an halachally mandated circumcision) has not yet been fulfilled, ‎but ‎not after such a [legally binding act] has been performed. Circumcision as an act of conversion ‎finds ‎its expression only when the subject lacks a legally valid circumcision. Therefore, a ‎circumcised ‎Arab who converts requires hattafat dam berit because his previous ‎circumcision is of no ‎legal value. Through hattafat dam berit he will fulfill the commandment ‎to enter the ‎covenant of our Father Abraham, which is an integral part of the mitzvah of ‎circumcision. However, ‎the Levites who had fulfilled the mitzvah of circumcision in all of its detail ‎‎[which they were ‎mandated to perform] as descendants of Abraham and flawlessly fulfilled their ‎obligation, did not ‎require hattafat dam berit, for what more would they achieve thereby?‎
It appears that Nahmanides was of the opinion that circumcision constitutes an act of ‎conversion ‎so long as the conversion process remains unfulfilled in its entirety. Circumcision is only ‎a ‎‎“converting action” when the convert still lacks the full effectuation of his conversion. For ‎this ‎reason, a circumcised Arab requires a ritual letting of blood because his original circumcision is ‎of no ‎‎[legal] value, and with a ritual letting of blood the convert will achieve his entry into the ‎covenant ‎of our Father Abraham, which is an integral part of the mitzvah of circumcision. However, ‎the ‎Levites, who fulfilled the mitzvah of circumcision qua descendants of Abraham, in all of ‎its ‎details, and flawlessly fulfilled thereby their obligation, did not require a ritual letting of blood, ‎for ‎what more was to be achieved thereby? Therefore, their conversion was, willy-nilly, limited ‎solely ‎to immersion, as in the case of women and castrati. (Compare the manner in which ‎Nahmanides ‎concludes his comment [loc cit.]: “Therefore, the children of Levi were judged to be in ‎the same ‎category as women, such that they were allowed to convert through immersion ‎alone.”) ‎Therefore, when a [gentile slave belonging to a Jew] converts [and thereby is elevated] ‎from a ‎lesser to a greater level of sanctity, he does not require a hattafat dam berit, for was ‎not ‎the commandment of circumcision already fulfilled in its entirety. In contrast to circumcision, ‎the ‎role of immersion in the conversion process is not due to any commandment or requirement ‎that ‎needs to be satisfied. It has no legal significance aside from its role as effecting ‎conversion. ‎Immersion, as a means of imbuing kedushat yisrael, can take place any number ‎of times, ‎and wherever there is an increase in sanctity, one undergoes immersion.‎
כ״ב
2222. The fact that the acceptance of the [obligation to perform] mitzvot (lit. Kabbalat Ol ‎Mitzvot) ‎is tied to the immersion which is an integral part of the conversion [process] is almost ‎axiomatic, as ‎is explained in Yebamot 47a-b and in Maimonides, Hilkhot Issurei Bi’ah 13:12 ‎and 14: 6– 7. ‎Rashi expresses this point explicitly. “For now, by the act of immersion, he effectively ‎converts; ‎hence at the time of the immersion he must accept the commitment to observe mitzvot” ‎‎(lit. yoke ‎of the commandments). However, Tosafot (Yebamot 45b, s. v. me lo taula) states ‎that ‎‎kabbalat ol mitzvoth can occur before immersion.‎
Maimonides (Hilkhot Issurei Bi’ah 13:17) states: “A convert who was not questioned [as ‎to ‎whether he would be faithful to the performance of the mitzvot] or who was not informed of ‎the ‎mitzvot and the punishments for transgressions, but who was circumcised before a lower court ‎of ‎three is a convert.” I once heard from my father ([R. Moses Soloveitchik] of blessed memory) ‎that ‎Maimonides did not intend to say that a convert who converted with the intention of not ‎fulfilling ‎the mitzvot is considered a true convert. Such a notion would uproot the entire concepts ‎of ‎conversion and kedushat yisrael, which [derive] from our obligation to observe the ‎mitzvot ‎of God. Maimonides’ opinion is that the acceptance of mitzvot is not a distinct act in the ‎conversion ‎process that requires the oversight of a bet din as does immersion, but is rather ‎an ‎overriding characteristic theme in the conversion process that is predicated upon acceptance ‎of ‎the responsibility for observing mitzvot. Therefore, if we know that a convert by his immersion ‎is ‎willing to accept the “Yoke of the Torah” and mitzvot, even though there was no formal ‎notification ‎of the mitzvot and formal acceptance by the convert, the immersion will be legally ‎sufficient ‎because the convert intends to live the sacred life of a committed Jew. [In contrast,] the ‎Tosafot ‎that we cited before seems to maintain that the acceptance of the “Yoke of Mitzvot” is a ‎discrete ‎act in the conversion process, and that the requirement for the bet din’s involvement ‎was ‎restricted thereto. Immersion (according to this view) does not require the presence of a ‎‎bet ‎din; only kabbalat ol mitzvoth must occur in its presence.
Nahmanides ‎‎(Hiddushei ‎HaRamban, Yebamot 45b) states: “Even a male convert who accepted the mitzvoth ‎prior to ‎circumcision must do so again at the time of immersion.” Ostensibly, it appears that in his ‎opinion ‎‎kabbalat ol mitzvoth occurs at the time of [a prior] circumcision as well. However, ‎one could ‎interpret Nahmanides as not intending to refer to the acceptance of mitzvot as a ‎discrete act, but ‎as a general characterization of the act of circumcision. Circumcision must be ‎fulfilled out of a ‎commitment to mitzvot, as I noted above with respect to Maimonides’ view. ‎Maimonides, ‎however, is of the opinion that the formal act of kabbalat ol mitzvoth is not at ‎all ‎determinative. Maimonides agrees with the view of the Tosafists that there is a distinct act ‎‎[of ‎‎kabbalat ol mitzvoth] and it requires the presence of a bet din. Aside from ‎the ‎special acceptance of mitzvot, the circumcision and the immersion must also be done out of ‎a ‎commitment to mitzvot, which is identical to conversion.‎
כ״ג
2323. With respect to the seven nations of Canaan Maimonides wrote in Hilkhot Melakhim ‎‎5:4:‎ ‎“It ‎is a positive mitzvah to destroy the seven nations [of Canaan], as it is said:‘You shall utterly ‎destroy ‎them’ (Deuteronomy 7:2), and anyone who encounters one of them and does not kill him ‎has ‎violated an injunction, as it is said, ‘Do not keep alive a soul’(Deuteronomy 20:16), and [in ‎fact] ‎their memory has already been erased. “Radbaz [R. David Ibn Abi Zimra, sixteenth century] ‎located ‎the source of the last line, “and their memory has already been erased,” in the words of R. ‎Joshua ‎‎(M. Yada’im 4:4), “Sennacherib, king of Assyria, has already arisen and intermingled all of ‎the ‎nations” [i.e. so that none retained their distinct identity].‎
But note something strange : in relation to the destruction of Amalek, Maimonides does not ‎add ‎the words “and their memory has already been erased.” In Hilkhot ‎Melakhim ‎‎5:5, Maimonides writes: “And similarly it is a positive mitzvah to erase the memory of ‎Amalek, ‎as it said: ‘Erase the memory of Amalek’ (Deuteronomy 25:19), and it is a positive mitzvah ‎to ‎forever remember his evil deeds and his laying ambush (against you), in order to arose ‎anger ‎against him. As it is said, ‘Remember what Amalek did to you.’ Tradition teaches: Remember ‎‎— ‎with your mouth; do not forget in your heart, for it is prohibited to forget his enmity ‎and ‎hatred.”‎‎
From Maimonides’ words it appears that Amalek still exists in the world, whereas the ‎seven ‎nations of Canaan have descended to the depths of oblivion.‎ One wonders why ‎Maimonides did not employ the rule of R. Joshua that “Sennacherib came and ‎intermingled all the ‎nations” with relation to Amalek. The answer to this question is very simple. ‎The Bible testifies that ‎Amalek still exists in this world. Go and see what the Torah says: “The Lord ‎will have war with ‎Amalek from generation to generation” (Exodus 17:16). Accordingly, it is ‎impossible for Amalek to ‎be blotted out of the world until the coming of the Messiah. So said our ‎Sages: “God’s name and ‎throne will not be complete until the children of Amalek are blotted out” ‎‎(Rashi to Exodus 17:16). ‎But where is Amalek? I heard the answer from my father of blessed ‎memory. Every nation that ‎conspires to destroy the Jewish people is considered by the halakhah ‎to be Amalek. My father ‎added that as concerns Amalek itself we were commanded to perform ‎two mitzvot: (a) [for the ‎individual] to blot out the memory of Amalek, which is incumbent on ‎everyone [to slay] any ‎individual member of Amalek [that he encounters], as expounded in the ‎Torah portion of Ki ‎Tetzeh, “You shall blot out the memory of Amalek” (Deuteronomy 25:19), and ‎‎(b) [for the ‎community] to engage in communal military preparedness for war against Amalek, as it ‎is ‎explained in the Torah portion of B’shalach, “The Lord will wage war with Amalek from ‎generation ‎to generation” (Exodus 17:16). With relation to any other nation that stands ready to ‎destroy us, ‎we are [now after the time of Sennacherib] commanded to wage war against it [even] ‎while it ‎prepares for war against us,and our war against it is a “War of Mitzvah”, in accordance with ‎the ‎command of the Torah that “The Lord will wage war with Amalek from generation to ‎generation.” ‎However, the destruction of individuals, which is derived from the Torah portion of Ki ‎Tetzeh, ‎refers only to the biological descendants of Amalek. The words of Maimonides include ‎the ‎obligation to wipe out individuals, which does not apply to any other nation that plots ‎destruction ‎against the People of Israel. However, since the obligation of warring Amalek pertains ‎to such a ‎nation (as well), he did not employ the phrase “And its memory has already been lost.” ‎The status ‎of Amalek exists even now after the nations were intermingled [by Sennacherib]. And ‎perhaps this ‎is the basis for Maimonides’ view (Hilkhot Melakhim 5:1) that a defensive war ‎by Jews ‎against an enemy who comes to wage war against it is a “War of Mitzvah”. For this kind of ‎war is ‎subsumed by the notion “The Lord will have war against Amalek from generation to ‎generation.” ‎To be sure, Maimonides especially singled out the war with Amalek [in that regard]; ‎nevertheless, ‎one may say that saving Jews from an enemy that has arisen to destroy them is ‎encompassed to ‎this Torah portion [i.e., the destruction of Amalek]. Cf., Sotah 44b, s. v. amar R. ‎Jochanan.‎