Igros Moshe (Even ha-Ezer 4:78): Concerning a woman who was married by a Conservative rabbi - in Houston who is known to openly violate Shabbos - to a man who was born in San Salvador to a non‑Jewish woman. The Conservative rabbi there claimed that he converted her together with two local men who were open Shabbos violators because he said that no one observes Shabbos in El Salvador. It is clear that the conversion is of no significance so that even if this couple were married by an Orthodox rabbi according to the halacha it still would have no significance because he is a full non‑Jew for whom kiddushin has no halachic significance. Furthermore even if he were converted by a Torah observant beis din – since he has not observed Torah mitzvos even for a moment he has not accepted the obligation of mitzvos - this is not considered conversion. However if he was a valid ger or was a Jew from birth, the marriage by a Conservative rabbi – who is presumed to deny the foundation principles of Judaism even though we don’t actually know the person and surely here where it is known for certain that he openly violates Shabbos –has no halachic significance. Consequently we have two clear factors why the marriage has no significance and therefore she is permitted to marry another man – but not a cohen since she has had sexual relations with a non‑Jew which disqualifiers her from marrying a cohen.
Rabbi Goren’s Halachic decision in the Langer case- (brief and very incomplete summary of a very complex issue).
ReplyDeleteThe issue of an adulterous relationship came before the religious courts in Israel . The products of such a relationship are Mamzerim, who may not marry other Jews. The Dayyanim, all of them Gedolim ruled on the case.
There were siblings by the name of Langer whose legitimacy was in question because her mother had remarried without the benefit of a Get, which makes the children of such a marriage Mamzerim. The court ruled that they were Mamzerim. But there was factor which could have changed that ruling, that the first husband was a convert.
The issue became whether the conversion to Judaism of the first husband of their mother was a legitimate conversion. If it was not legitimate, the second marriage would not have been considered adulterous. And the children are not Mamzerim.
Rabbi Goren ruled that the original conversion was invalid and that there was proof that the first husband had never truly accepted Mitzvah observance, a requirement of conversion.