Tinok shenishba
Encyclopedia
Tinok shenishba is a Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....

ical term that refers to a Jewish individual who sins inadvertently as a result of having been raised without an appreciation for the thought and practices of Judaism. It's status is widely applied in contemporary Orthodox Judaism
Orthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...

 to unaffiliated Jews today.

Terminology

Tinok shenishba is short for Tinok shenishba bein hanachrim, which translates as, "An infant captured [and consequently raised] among gentiles." As with the most instances of Talmudic jargon, in which the terminology is derived from a specific scenario but then can be applied to numerous other different but similar situations, an individual doesn't literally have to have been "captured" as an infant to fall within the definition of a tinok shenishba.

Application of tinok shenishba in Jewish law

Because a tinok shenishba was not raised with proper guidance towards appreciation of Jewish life, law, and ritual, they are not accountable for not living in accordance with the Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...

.

Codification in the Talmud

Reference to the concept of tinok shenishba occurs in the Talmud. In Shavuos 5a, the Gemarah states that responsibility for inadvertent transgression is only placed upon an individual who knew the correct law at two points in time and forgot the law sometime in between. If that individual knew the law and subsequently forgot the law, and never again remembered or received a reminder, they would be an unwitting transgressor. Similarly, if an individual never knew the law in the first place, and subsequently learned the law, they would also be an unwitting transgressor. This latter example could fall under the category of a tinok shenishba.

In Shabbos 68b, there is a dispute between Rav
Abba Arika
Abba Arika was a Jewish Talmudist who lived in Babylonia, known as an amora of the 3rd century who established at Sura the systematic study of the rabbinic traditions, which, using the Mishnah as text, led to the compilation of the Talmud...

 and Shmuel
Samuel of Nehardea
Samuel of Nehardea or Samuel bar Abba was a Jewish Talmudist who lived in Babylonia, known as an Amora of the first generation; son of Abba bar Abba and head of the Yeshiva at Nehardea. He was a teacher of halakha, judge, physician, and astronomer. He was born about 165 at Nehardea, in Babylonia...

 on one side and Rabbi Yochanan
Yochanan bar Nafcha
Rabbi Yochanan ;...

 and Rabbi Shimon ben Lakish on the other in regards to in what type of situations would a tinok shenishba, along with a convert who was similarly raised among gentiles, be responsible for punishment and/or repentance along with the offering of animal sacrifices
Korban
The term offering as found in the Hebrew Bible in relation to the worship of Ancient Israel is mainly represented by the Hebrew noun korban whether for an animal or other offering...

 in the Holy Temple
Temple in Jerusalem
The Temple in Jerusalem or Holy Temple , refers to one of a series of structures which were historically located on the Temple Mount in the Old City of Jerusalem, the current site of the Dome of the Rock. Historically, these successive temples stood at this location and functioned as the centre of...

 upon trangression of the laws of Shabbos. The halacha follows that a tinok shenishba would only be required to do one act of repentance for the many, many times they were in transgression because all their sins stemmed from a single instance of not knowing the proper laws to obey.

Practical relevance of tinok shenishba in the modern era

Maimonides
Maimonides
Moses ben-Maimon, called Maimonides and also known as Mūsā ibn Maymūn in Arabic, or Rambam , was a preeminent medieval Jewish philosopher and one of the greatest Torah scholars and physicians of the Middle Ages...

 speaks out strongly against those who deny the validity of the Oral Torah
Oral Torah
The Oral Torah comprises the legal and interpretative traditions that, according to tradition, were transmitted orally from Mount Sinai, and were not written in the Torah...

, including the Mishna and the Talmud, labeling them as heretics. This would include Karaite Jews
Karaite Judaism
Karaite Judaism or Karaism is a Jewish movement characterized by the recognition of the Tanakh alone as its supreme legal authority in Halakhah, as well as in theology...

. He claims they deserve neither witnesses, warning, nor judges to be punished according to Jewish law. Rather, anyone who removes them from existence merits great reward as one who removed an obstacle from the proper course of Jewish belief and practice.

However, Maimonides expresses concern for the offspring of such individuals, and excludes them from those who deserve such punishment because they participated unwittingly in their denial of Torah and mitzvos
Mitzvah
The primary meaning of the Hebrew word refers to precepts and commandments as commanded by God...

. While they are indeed sinners, he declares them unintentional participants in their lack of adherence to Jewish law and belief, similar to the case of a tinok shenishba. Rather than be pushed away, such individuals are to be drawn into the Jewish community and taught the proper way so they can become observant, pious members of community.

The notion that unaffiliated and unobservant Jews are unwitting sinners who should be taught the Jewish laws and customs and welcomed into the Torah community is the basis for the many outreach organizations (Kiruv) that exist in the modern era, including Chabad
Chabad
Chabad or Chabad-Lubavitch is a major branch of Hasidic Judaism.Chabad may also refer to:*Chabad-Strashelye, a defunct branch of the Chabad school of Hasidic Judaism*Chabad-Kapust or Kapust, a defunct branch of the Chabad school of Hasidic Judaism...

, Aish Hatorah
Aish HaTorah
Aish HaTorah is a Jewish Orthodox organization and yeshiva. Aish HaTorah is actively pro-Israel and encourages Jewish people to visit Israel and connect to the land and its history. Some consider the organisation to reflect a more Religious Zionist philosophy in its attachment to Israel, promoting...

, Ohr Somayach and Gateways
Gateways (organization)
Gateways is an organization whose self-declared mission is it to "raise Jewish consciousness and help stem the rising tide of Jewish assimilation among American Jews."-Origins:...

.

The common Jewish folk in Hasidic mysticism

The Baal Shem Tov (1698-1760), founder of the revivalist Hasidic movement, brought a mystical soul-dimension to the traditional Talmudic notions of the Tinuk Shenishba, and the Am ha-aretz (uneducated-boorish-rustic Jews). While the former terms derive from the pre-eminent status of Torah study
Torah study
Torah study is the study by Jewish people of the Torah, Hebrew Bible, Talmud, responsa, rabbinic literature and similar works, all of which are Judaism's religious texts...

 in Rabbinic Jewish
Rabbinic Judaism
Rabbinic Judaism or Rabbinism has been the mainstream form of Judaism since the 6th century CE, after the codification of the Talmud...

 culture, their downside was that in the 17-18th century Eastern Europe in which Hasidism emerged, their elitist notions contributed to the physical and spiritual hardship and dissenfranchisement of the common Jewish folk from deeper Jewish affiliation.

Adjusting the former hierarchy of values, the Baal Shem Tov taught that the simple, sincere common Jewish folk could be closer to God than the scholars, for whom pride may affect their scholarly achievements, and the elite scholars could envy and learn lessons in devotion from the uneducateded community. The Baal Shem Tov and later Hasidic masters made deveikut the central principle in Jewish spirituality, teaching that the sincere Divine soul essence of the artless Jew reflects the essential Divine
Atzmus
Atzmus/Atzmut meaning "essence", is the descriptive term referred to in Kabbalah, and explored in Hasidic thought, for the Divine essence....

 simplicity. In contemporary Hasidic views of outreach
Orthodox Judaism outreach
Orthodox Jewish outreach commonly referred to as Kiruv or Keruv , is the collective work or movement of Orthodox Judaism that reaches out to non-Orthodox Jews to believe in God, engage in Torah study, and practice the Mitzvot in the hope that they will live according to Orthodox Jewish law...

to unobservant Jews, this mystical emphasis implies that the value of a small deed of observance by unaffiliated Jews would be able to set aside one's own spiritual development, as the Baal Shem Tov taught, "a soul may come into the World for 70 years in order to do a single deed of kindness to another person".
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