https://www.koltorah.org/halachah/unaccepted-proposals-to-solve-the-aguna-problem-part-iv-by-rabbi-howard-jachter
As we have mentioned in the last two weeks, there have
been interesting proposals made to solve the Aguna problem which have
been rejected by the Orthodox rabbinate. There have been other very
innovative suggestions, such as proposals made by Rav Yosef Eliyahu
Henkin (Peirushei Ibra pp. 115-117) and Israeli Chief Rabbi Rav Benzion
Uzziel (Teshuvot Mishpetei Uzziel, E.H. 1:27) which have simply not been
accepted. What is crucial to note is that these proposals were not
implemented in practice, because the rabbinic consensus rejected these
proposals. Radical changes to Gittin procedures require a rabbinic
consensus because of the potential for a communal split if part the
community rejects the proposal.
The tragic consequences of the actions of this court are
enormous. Recent newspaper articles report that this court claims to
have told more than two hundred women that Jewish law permits them to
remarry without a Get. Virtually the entire Orthodox rabbinate will
regard any children that these women will give birth to as
"Mamzeirim."
Rabbi Rackman bases his approach on a number of responsa
written by Rav Moshe Feinstein regarding "Kiddushei Ta'ut" (marriages
that lack halachic validity because the marriage was entered into on a
fraudulent basis). We will summarize the basic approach of Rav
Feinstein, seek to demonstrate how Rav Moshe was extraordinarily lenient
and applied the halacha to its very limits, and see how an attempt by
Rabbi Rackman to further extend this ruling is baseless. We will begin
discussing Rav Moshe's Kiddushei Ta'ut responsa.
