Tinok shenishba

"Tinok shenishba" (literally, "captured infant") is a Talmudical term used to refer to an individual who sins inadvertently as a result of not having been raised with an appreciation for the rules of Judaism. [Talmud Shabbos 68b] [Talmud Shavuos 5a]

Terminology

The full terminology is actually "Tinok shenishba bein hanachrim", translating 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 be considered within the confines of the definition of a "tinok shenishba".

Application of "tinok shenishba" in Jewish law

Because a tinok shenishba was not raised with the proper guidance towards the appreciation of Jewish life, law and ritual, he or she is "not held accountable for not living in accordance with the Torah." [ [http://www.sichosinenglish.org/books/ahavas-yisroel/10.htm#t1 To Love A Fellow Jew: Our Generation: The Tinok Shenishbah ] ]

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, such an individual clearly falls under the category of an unwitting transgressor. Similarly, if an individual never knew the law in the first place and was subsequently taught the law, he or she 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 and Shmuel on one side and 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 in the Holy Temple 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 he or she was in transgression because all of his or her sins stemmed from a single instance of not knowing the proper laws to obey.

Practical relevance of "tinok shenishba" in the modern era

Maimonides speaks out strongly against those who deny the validity of the Oral Torah, including the Mishna and the Talmud, labeling them as as heretics. [Maimonides, Mishneh Torah, "Hilchot Mamrim" 3:1] He claims they deserve neither witnesses not 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, excluding them from those who deserve such tremendous punishment based on the consideration that they were unwitting participants in their denial of Torah and mitzvos. While they are indeed sinners, he declares them unintentional participants in their lack of adherance to Jewish law and belief, similar to the case of a "tinok shenishba". [Maimonides, Mishneh Torah, "Hilchot Mamrim" 3:3] 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.

This reference to those who do not accept the validity of the Oral Torah, includes, by their own admission, the Karaites and followers of both Reform and Reconstructionist Judaism, as well as the majority of constituents of Conservative Judaism.

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, Aish Hatorah, Ohr Somayach and Gateways.

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