Tuesday, November 10, 2009

Baba Basra 81a - Ger in the Mitzvah of Bikurim

Tosafos quotes the mishnah in bikurim that says that a ger doesn't read the parsha of arami oveid...when he brings bikurim, because he can't declare "שהנחלת לאבותינו". Based on this, there is a discussion even when a ger davens whether he should say אלקי אבותיכם. The R"I holds that a ger can daven the same nusach of אלקי אבותינו because we pasken like R' Yehuda who holds in the yerushalmi that a ger can read the parsha of bikurim since avrohom was אב המון גוים. The Rambam also paskens like the R"I and holds that a ger can read the parsha by bikurim basedon the fact that avrohom was the father of the whole world since he brought them under the wings of the shechina (bikurim 4:3).
The Mishneh L'melech asks that even if goyim are able to consider avrohom their father and say שהנחלת לאבותינו, but practically speaking they don't have a portion in EY, so they shouldn't be able to read the parsha, just as women cannot read since they have no portion in the land and cannot say פרי האדמה אשר נתת לי? Why is a ger more able to say האדמה אשר נתת לי than a woman?
The Nemukei Yosef asks a similar question. Why is a Ger able to be motzi a born jew in birchas hamazon (which implies that he is chayev m'doraysa), he shouldn't be any better than a woman whereby the gemara has a tzad in Brachos that she is only be obligated in bentching m'drabonon since she doesn't have a chelek in EY? The Nimukei Yosef answers that a Ger is fit to receive an inheritance, just that he wasn't around at the time of yetzi'as mitzrayim when it was actually divided. Since a ger qualifies as a בן נחלה, he is obligated m'doraysa in bentching, unlike a woman who is not a bas nachala at all. This can also explain why he can declare האדמה אשר נתת לי, because he is fit to receive a portion, just that he wasn't present at the time it was distributed.
But in truth, this answer doesn't work for reading bikurim. The gemara says that one who doesn't own property cannot read the parsha of bikurim, even though he is a born jew and fit to own property. Clearly, the gemara holds that he must have actual ownership and control over property to make the declaration and it isn't sufficient to have a theoretical chelek in EY. Therefore, a ger who doesn't have any actual ownership over property should still not be able to read the parsha of bikurim. Furthermore, the Rambam is still difficult because the rambam himself writes that a ger cannot say viduy ma'aser since he doesn't have a chelek in EY, so why can he read the parsha of bikurim?
The Mishneh L'melech quotes an answer from the sefer kapos temarim (3rd perek of succah) that in the context of bikurim the pasuk says אשר נשבעת לאבותינו לתת לנו which speaks of the future. In the future a ger will have a portion in EY. Even though the geirim in the midbar didn't receive a chelek, that is because their conversion wasn't לשם שמים, but geirim who converted nowadays will receive a portion in EY in the future. But, by viduy ma'aser where the pasuk says אשר נתת לנו ה' כאשר נשבעת לאבותינו which is in the past, implies that he must already have a chelek, therefore a ger cannot say viduy ma'aser.

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