Tuesday, October 6, 2015

Gevald!!! The sounds of silence after Gedolim approve the marriage of an eishes ish.

Disclaimer: I am willing to publicize any reasoned defense of the rabbonim and couple involved as well as any reasoned condemnation.

Update - My brother spoke a 2nd time with Rabbi Greenblatt - but he still refuses to divulge the names of the gedolim that he relied on in order to officiate at the 2nd marriage of Tamar Epstein - even though she has not been divorced from Aharon Friedman. 

This is very unfortunate as it seriously undermines the credibility of these rabbis who have been supporting her as well as the perceived competence of Rabbi Greenblatt.

Update    Background information

 marriage licenses issued in Memphis
         Adam P. Fleischer, 38; Tamar E. Epstein, 32.

For the last few years we have covered a number of unpleasant divorce cases. Cases where public relations have been used to compensate for the lack of halachic justification. Cases where respected gedolim have either chosen to ignore halacha or were unfortunately pressured to take a stance which not only has not halachic justification - but was clearly wrong according to the Shulchan Aruch.

Concerning one of the more notorious cases -that of Tamar Epstein - her rabbinic advisers claimed after 4 years of trying to pressure her husband to giver her a Get - with the aid of ORA and various rabbonim who had no jurisdiction in the case - that in fact there was no need for a Get. They claimed that the marriage was retroactively annulled because she and her family found that he was a bit socially awkward. Despite the fact that she had nice things to say about him she had decided that she could do better. 

After her husband Aharon Friedman refused to give a Get until more equitable custody arrangements were made - it was decided to get the young lady out of the marriage without a Get. The only possible justification that I can think of that they could rationalize is to rely on modern psychology. There are some who claim that it is enough to fit a diagnostic category in the DSM-V to be declared incapable of concluding a halachically valid marriage. However this is far from being an objective proof and in fact such a diagnosis by itself has no halachic significance. Anyone familiar with the DSM-V knows that it doesn't fit the requirements set down by Rav Moshe Feinstein. Nonetheless it has been confirmed that she has in fact remarried without a Get.

From  Wikipedia
While the DSM has been praised for standardizing psychiatric diagnostic categories and criteria, it has also generated controversy and criticism. Critics, including the National Institute of Mental Health, argue that the DSM represents an unscientific and subjective system.[1] There are ongoing issues concerning the validity and reliability of the diagnostic categories; the reliance on superficial symptoms; the use of artificial dividing lines between categories and from "normality"; possible cultural bias; and medicalization of human distress.[2][3][4][5][6] The publication of the DSM, with tightly guarded copyrights, now makes APA over $5 million a year, historically totaling over $100 million.[7]

From  Wikipedia
Despite caveats in the introduction to the DSM, it has long been argued that its system of classification makes unjustified categorical distinctions between disorders and uses arbitrary cut-offs between normal and abnormal. A 2009 psychiatric review noted that attempts to demonstrate natural boundaries between related DSM syndromes, or between a common DSM syndrome and normality, have failed.[3] Some argue that rather than a categorical approach, a fully dimensional, spectrum or complaint-oriented approach would better reflect the evidence.[65][66][67][68]
In addition, it is argued that the current approach based on exceeding a threshold of symptoms does not adequately take into account the context in which a person is living, and to what extent there is internal disorder of an individual versus a psychological response to adverse situations.[69][70] The DSM does include a step ("Axis IV") for outlining "Psychosocial and environmental factors contributing to the disorder" once someone is diagnosed with that particular disorder.
 Because an individual's degree of impairment is often not correlated with symptom counts and can stem from various individual and social factors, the DSM's standard of distress or disability can often produce false positives.[71] On the other hand, individuals who do not meet symptom counts may nevertheless experience comparable distress or disability in their life.
So what does a woman do when one of the gedolim tells her that she has no need for a Get? What does that woman do when her rabbis say to trust them and get remarried without a Get? What does a man do when faced with the reality that he will be declared to be in an adulterous relationship as the result of the marriage? Is is an indication of great emunas chachomim to in fact remarry without a Get and face the reality that any children will be considered mamzerim? or is it stupidity?

A tree fell recently in Memphis - and there was no sound - because the rabbis don't want to hear about it. 
My brother Rabbi Dovid E. Eidensohn just wrote the following:

Today Thursday Chol HaMoed Succos I received a call that Rabbi Notto Greenblatt  of Memphis married Tamar Epstein to somebody although she had no GET from Aharon Friedman her  husband.  I called Rabbi Greenblatt and he said that he had performed the ceremony. When I told him that great rabbis forbad the remarriage without a GET he replied that Gedolim had permitted her to remarry. He told me that if Rabbi Elyashev zt”l would disagree it would not change his mind, and that the rabbis who disagree with his “Gedolim” just have chutzpah. He asked me what a person like me has to do with this that I disagree with him. I told him that  the Gaon Rab Yosef Shalom Elyashev zt”l gave me a semicha to have a Beth Din for Gittin and further he gave permission for me to use his name for it.

 I called up a Rov who was intensely involved in the couple when they discussed their marital problems, and I asked him if there was any chance that the husband has some kind of defect that could have cancelled the marriage and thus allowed her to remarry. He told me there was no such defect and that if the woman has any children they will be mamzerim.

I quoted to Rabbi Greenblatt from him the pesak of Chazon Ish EH 99:12 that if the Torah does not require a husband to be coerced to divorce his wife but a Beth Din told the husband he is worthy of being forced to divorce and he gives the GET because of that statement, the GET is invalid. First it is invalid because the Torah did not require a coercion and the Beth Din did require a coercion. Thus, the Beth Din coerced the GET in violation of the Torah and the coercion is invalid and the GET is invalid. Secondly, the husband gave the GET under false pretenses thinking that he must be coerced to give a GET. Therefore, the GET is invalid by the Torah not just rabbinic level.  Anyone who learns carefully the laws of Gittin regarding this issue knows that there was no source to permit a married woman to just remarry and the “Gedolim” like Rabbi Greenblatt who permit these things are just making mamzerim. I wonder how many mamzerim Rabbi Greenblatt has made. Any woman married with his special inventions should ask a proper Beth Din if she is permitted to remain with her husband and if her children are mamzerim.

But the main problem is that married women cannot remarry without a GET or the death of their husband. Reb Moshe Feinstein was asked about a husband who was discovered to be strongly addicted to homosexuality and the wife ran away. He said that the great authorities of all generations had refused to permit her to remarry for various reasons. But he showed that in this extreme case there is room for leniency but since the great authorities disagreed with him he ruled that the woman must do everything possible to get a GET. Only if all fails does he permit this. And this only in this extreme case and with the understanding the no other great authority in centuries permitted it.

In this case , I spoke to the husband months before and he told me he would give a GET if the wife would allow him proper custody rights. Therefore, Reb Moshe would never have permitted her to remarry. Therefore, in this case, not only do all of the great rabbis of the generations forbid the woman to remarry without a GET, but even even if there were a preexisting disorder in this case, even Reb Moshe would not permit remarriage without a get because a get would be available if the custody arrangements were appropriate. Reb Moshe would forbid it until she gave in to the custody demands.

I can be reached at 845-578-1917 or eidensohnd@gmail.com.


  1. Why don't you post the names?

  2. It is simply in the for the unlikely possiblity that they have changed their minds about this drastic step. The names will be published soon.

  3. My guess: The woman from Philly.

  4. IMHO this kind of behavior really needs to be rejected in every possible way; it's just not acceptable, and every kind of social pressure should be applied;

  5. Shabbat Chol Hamoed we have the Haftarah of Gog u Magog. One cryptic verse is "Gomer, and all his bands; the house of Togarmah in the uttermost parts
    of the north, and all his bands; even many peoples with thee."

    For many years, peopel have suggested this might be Russia, since it is the Northern - most kingdom north of Israel. Now Russia has entered the Syrian conflict. The next poignant verse says:

    "21 And I will call for a sword against him throughout all my
    mountains, saith the Lord GOD; every man's sword shall be against his

    There is a conflict where all of the Islamic groups , who supposedly are "brothers" are fighting each other, and thus turning their weapons agasint each other.

    I do wonder what is going on now, and is it of Biblical proportions?

  6. Truly shocking and completely outrages that someone that call himself a 'Shomer Torah vMitzvoth', as well as a Rabbi will help in creating Isur Eishet Ish & Mamzerim. It need fixing ASAP ! The new husband must be reached and advised ASAP of the terrible sins as well as the terrible consequences and ordeal he will create for his future children with this married women!

  7. Isaac,
    I applaud your outrage, but let me tell you what I heard from the Gaon Reb Mayer Mints about another unrelated topic. The story is like this. A Jew sinned and nobody ever heard of a Jew doing this sin. A Rov was asked to explain. He said, "I cannnot explain this. But this I know. Such a hideous sin was only performed if the person meant it leshaim shomayim." That is, when we think doing a bad thing is really a good thing, there are no boundaries. There is a limit how much stealing or loshon hora we commit, because we know they are evil. But when we imagine we are freeing a woman and doing a good deed, there is no holding back. Brilliant rabbis say silly things, such as Berkowitz explaining to the court why kidnapping and torturing husbands to give a GET is a mitsvah, when it is a terrible sin. And he is not the only one.

    Very few rabbis know Even Hoezer. But they consider themselves Gedolim, and so does everybody else. So, why not free a woman and invent the Torah? Isn't this a good deed? If so, there are no boundaries. And tell that to the mamzerim born from these "good deeds" rachmono litslon.

  8. kishkeyum,
    The woman from Philly is the victim, not the evil one. The rabbis who told her to remarry and not settle with her husband for a GET are the evil ones. This woman lost her father, and rabbis friends of the father stepped in and made this mess.
    Who made this mess? Rabbi Greenblat told me "Gedolim." I don't look at it that way, but these are major rabbis that even rabbis turn to constantly for guidance. If they are ignorant about the laws of the Torah, they have an excuse. They are too busy being "Gedolim." But for those few of us who struggle through the pages of the Shulchan Aruch and put in our time serving at the feet of poskim, there are different ways ot approaching women who need a GET. And making mamzerim is not one of them.

    I freed the two worst Agunah cases ever in Monsey, and not one drop of coercion or hate was used. The only one who suffered was me, because I was sick a few weeks afterwards, but it was worth it!

  9. I am not aware of Gomer and Togarmah and what happens or will happen. But I say that if we have rabbis who make real mamzerim and nobody protests, that is, except this blog, we are in trouble. It is evil to make false marriages. It is also evil for those who know it is wrong, and don't protest. This is a problem and nobody knows where it will end.

  10. A) The name of the wife who "remarried" should be publicized here.

    B) Is Rabbi Greenblatt considered a Godol?

  11. And how do you (or the Rav you spoke with) know that the man did not hide evidence of serious mental problems before the kiddushin? Perhaps witnesses that neither you nor that Rav know of, and maybe even the wife did not know of until recently, came forward? For that matter, how do you know witnesses did not come forward who said the Chosson lied about owning the ring? You are speculating about the circumstances, and casting aspersions on both Rabbi Greenblatt (who is a well known and serious talmid chacham) and the couple based on assumptions that may or may not be correct.

  12. fedupwithcorruptrabbisOctober 2, 2015 at 5:22 AM

    the rabbis who remain silent on this major breach of torah are guilty as the rabbi who married her off. Raboisai, there is no more authentic Orthodox Judaism, but rather reformadox judaism

  13. "Brilliant rabbis say silly things, such as Berkowitz explaining to the
    court why kidnapping and torturing husbands to give a GET is a mitsvah..."

    I believe that the name is Breitowitz, not Berkowitz.

  14. From what your brother wrote, it sounds like it's already after the fact...

  15. Another reason to move to memphis. Marry an 'eishet ish'.

    Tell them to add this to www.100 newfamilies.com.

    (Rav greenblatt is the son of the 'rivevot ephraim', whose 'she'elot' (halachic questions) are all over the 'igrot moshe', and was a talmid muvhak (major student) of rav moshe feinstein.)

  16. The rav (whose picture you include above) who was mesader kiddushin (performed the wedding ceremony) at the first wedding doe$'nt seem to mind being accu$$ed of performing an 'invalid' wedding ceremony. Perhaps everyone else who was married by him should remarry.

  17. What about also naming her enablers?

  18. Why did Tamar Epstein hire Mendel Epstein to beat her husband in the street in order to force him to give her a Get, if she believes she does not need a Get and her marriage was never valid?

  19. The silver lining: No one will listen to RSK's letter insisting that all schools must accept children whose parents have chosen not immunize them. He was not referring to certain immunizations that have come under reliable attack; he was referring to all immunizations.

    I guess I can now understand why no one fought with Rabbi Belsky about his "hettrim" for all these years.


    יוחנן כהן גדול שמש בכהונה גדולה שמונים שנה, ולבסוף נעשה צדוקי

    Picture the scene. The great Tzadik who successfully went into the Kodesh Hakodoshim every year, joined the more modern and newly established "ethical" ways of doing things. Who would believe that he truly erred and that it wasn't "chutzpah" to suggest that he did?

  20. If so, and leshem shamayim, he then deserves a reward like Tselafchad!

  21. אוי ליום שרב חרדי סידר קידושין לאשה שאין לה גט והותרה לשוק עפ"י היתירים של מה בכך ע"י רבנים שאיסור א"א היא להם כמו סירכא ע"ג ראיה ואוי להם לרבנים השותקים ואינם יוצאים במחאה חריפה נגד הרב נטע גרינבלאט
    הגיע הזמן לעשות ספר יוחסין לשמור על קדושת המשפחה לשנים הבאות

  22. ואוי ליום שהודפסה האיגרות משה, שהתחיל בהיתירם האלו ופתח הדלת לבאים אחריו להמשיך הלאה, הכי באנו למצב שאם הבעל כעסן או עקשן, או שיש לו מידות רעות, שנתיר אשתו לשוק!!!!

  23. Rabbi breitowitz did say this case is under the bet din of baltimore, not any rav in philadelphia, not any 'gedolim',

  24. http://www.memphisdailynews.com/PublicRecords.aspx?recordsDate=9%2F24%2F2015&grp=Marriage+Licenses&cty=Shelby

    09/24/15 Adam Paul Fleischer; Tamar Esther Epstein (Linden)

  25. “In this case , I spoke to the
    husband months before and he told me he would give a GET if the wife would
    allow him proper custody rights. Therefore, Reb Moshe would never have
    permitted her to remarry. Therefore, in this case, not only do all of the great
    rabbis of the generations forbid the woman to remarry without a GET, but even
    if there were a preexisting disorder in this case, even Reb Moshe would not
    permit remarriage without a get because a get would be available if the custody
    arrangements were appropriate. Reb Moshe would forbid it until she gave in to
    the custody demands.”

    I don’t know this case. It looks to me like a custody/money fight. Where
    the wife refuses sex with her husband, she wins.

    Tamar Epstein really remarried, by an Orthodox
    rabbi, wow!

    The Orthodox Rabbi remarried Tamar
    Epstein based on a preexisting disorder Aharon Friedman has. It sounds far

    I’m not so horrified as I am of
    Orthodox rabbis punching and tying up recalcitrant husbands. There is a מצוה
    of שלום בית that means the מצוה
    of bringing more Jewish children into the world. I wish Tamar many children,
    all healthy and all religious.

  26. Wrong. Rav Nota G. is an uncle of R. Ephraim G. zt"l, though they were close in age. Rav Nota is second to none. He has the right to paskin on his own. Of course everyone is human and I hope he did not err here.

  27. @Ziggy this is nonsense. Any heter can be misused - so while you think that the only safe psak is a chumra - that is clearly not the accepted view.

  28. @David it has not been established who was behind the attack

  29. I didn't include a picture of Rabbi Greenblatt who was the mesader kiddushin

  30. @Gerald, Why are you wishing Tamar many children? Until she receives the Get (which she has been deluded into believing that she doesn't need), any children born from this prohibited union will be Mamzerim!

    Moreover, even if she does receive a Get from her first husband, she's still prohibited from living with the second husband, due to the prohibition of Sotah (אסורה לבעל ולבועל). (In this case, the children are not mamzerim, but the couple still transgresses a d'oraisa every time they cohabit).

  31. Any Rav will perform an invalid wedding if he is sufficiently misled (deliberately or otherwise) by the participants. This can include not only the scenarios I mentioned earlier, but other cases, like one of the couple having been adopted (perhaps without having been told) so that the couple are brother and sister, or the adoptee not having been converted, the bride having concealed a prior marriage that is still in force. Sure, all these scenarios are unlikely, but so is a Rabbi of Rav Gerenblatt's stature brazenly marrying off an eishet ish.

    If you think my sceanrios are impossible, I will point out that Rav Weiss, in Minchat Yitzchak does deal with the case of a bride whose mother was not Jewish, who was brought up by her father as a Jew in the Chareidi community, and who has made a shidduch with a young man. The father apparently did not want to jeopardize the shidduch by telling either the bride or groom about the situation. (This was the result of a relationship in the wake of the Holocaust by a man who at first abandoned religion, but then returned) The question Rav Weiss deals with, apparently an idea suggested by a local Rav, was whether it would be possible to sneak a beit din l'geirut into the mikveh when she was toveil before the chuppah to convert her without having to tell her. Rav Weiss of course dismisses the idea completely--but some Rav thought of doing it, and (had they done so) one could easily imaging a Rav being mesader kiddushin in that case without any of the Rav, the bride or the groom realizing she wasn't Jewish.

  32. I wrote 'first wedding'.

  33. It is clear that the lawyer who was working for Tamar Epstein was involved in coordinating the attack. Who else, besides for the Epsteins, would be able to have Mr. Goldfine (the lawyer) involve himself in the attack?

  34. היתירים הללו אסור לכותבן ובודאי לא להדפיסן, כי תמיד יבואו אח"כ לידי קולות מרחיקות לכת, והרבה רבנים התנגדו בזמנו על זה שהרב פיינשטיין הדפיס אותם

  35. Israelreader says: “Why are you wishing Tamar
    many children? Until she receives the Get (which she has been deluded into
    believing that she doesn't need), any children born from this prohibited union
    will be Mamzerim!”

    We know איסור
    דאורייתא to hit a fellow from בעל תוסיף. Israelreader, would you go as far as to say איסור דאורייתא for Tamar to cohabit with her new husband? I don’t think so.

  36. The tshuvah of Minhat Yitzchak is 7:90. I came across it several years ago, but just reread it. I had forgotten that his correspondent (whose name I don't recognize but whom R. Weiss evidently knows to be a major Torah scholar) had written a 12 page letter trying to justify converting the bride without telling her. And just ask yourself what would have happened had the father died a few years earlier without telling anyone the girl's mother wasn't Jewish.

  37. What would have been the correct way addressing her on the invitation and official documents? Habsuloh, Hapnuyoh, Hoisho, Tamar veAmnon, Tamar Kalosecho, Eishes Yehudo, Eishes Ish, Esther karka olam, Haman veEsther, Istahar, Hadassah, Bikur Cholim, All of the above, None of the above?
    Just one more, according to these 'gedaylem', how should Aron F. be called to the bimah, habochur, reb, reb bochur. Coud it be the mesader kidushin paskened from the bracha under the Chupa and recited, "vetsivonu al hoaroyos" , "vehitir lonu es hansuos", as a mitsvas assei, and finished it off with Baruch matir assurim. What a sad sad state of "affairs", affairs tartei mashma.

  38. Allow me to elaborate. In הלכות שבת
    there is a concept פטור אבל אסור. See, איסור דאורייתא
    for ל"ט מלאכות שבת for which מזיד ובהתראה there is סקילה
    the conditions are strict. Surely, so
    too, for איסור דאורייתא for “You shall not murder. You shall
    not commit adultery.

    You shall not steal. You shall not
    bear false witness against your neighbor” (Exodus 20:13. With an Orthodox Rabbi marrying Tamar without
    a get, this may be פטור אבל אסור.

  39. Didn't ms epstein's e lawyer wire the money (several thousand dollars) to ME?

  40. @Gerald,You haven't addressed my question why you are wishing her to have many "Mamzer" children.

    [Just as an aside, just imagine the scenario in the hospital delivery room, when she gives birth. The attending MD wishes the father "Mazal Tov, its'a Mamzer!"]

    A woman who needs a Get and didn't receive one, her subsequent children by a different man are Mamzerim:
    שולחן ערוך אבן העזר הלכות פריה ורביה סימן ד, סעיף יג
    איזהו ממזר, זה
    הבא מאחת מכל העריות, בין בחייבי מיתות בין בחייבי כריתות, חוץ מהבא מהנדה
    שאע"פ שהוא פגום אינו ממזר אפילו מדרבנן.

    A woman who cohabited with a man while she was still married to her first husband, can not continue living with this second man, even if this only became known after she had many children from him.
    שולחן ערוך אבן העזר הלכות אישות סימן יא, סעי' ב
    כל אשה שבאו שני עדים והעידו שזינתה עם זה כשהיתה תחת בעלה הראשון, הרי זו תצא מזה אף על פי שיש לה ממנו כמה בנים.

    A woman who was halachically married to a man, but she erroneously thought that she wasn't married to him and therefore went ahead and married a second man, is prohibited to continue living with either man.
    See Shut Harashba (Vol. 1, #1089) cited by the Beis Yosef (EH 17, end):
    בית יוסף אבן העזר סימן יז
    כתב הרשב"א בתשובה (ח"א) סימן אלף קפ"ט, על אשה שנתן לה המשודך טבעת, וחשבה שלא היו קידושין, והלכה ונישאת, אשה זו מקודשת גמורה היא לראשון, ותצא מזה ומזה, וכל הדרכים האלו בה. ואם תאמר אנוסה היא זו, שלא ידעה שתהא אסורה להנשא, הא ליתא, דהוי לה למידק

  41. You didn't get the memo that feminism won.

  42. @Gerald you are making up a new category for adultery. We are talking about a clear Torah prohibition which is prohibited both on the Torah and Rabbinic level - in fact there is no heter available. Being told by a rabbi to transgress the Torah - i.e., adultery - isn't a heter.

  43. Her lawyer did mention in court that he had contact with Mendel Epstein

    The attorney for a Pennsylvania woman who wanted a religious divorce said Monday that a Lakewood rabbi instructed her family to pay the rabbi$60,000 as part of his attempt to secure her divorce.

    Fredric Goldfein told jurors in the federal conspiracy and kidnapping trial of Rabbi Mendel Epstein that in his efforts to get a Maryland man to agree to a divorce, Epstein instructed him to wire $60,000 to two of
    the congregations he led.

    A few months after the money was transferred to Epstein's congregations, the husband, Aharon Friedman, was attacked on July 29, 2012, by three men at the home of his former in-laws in Pennsylvania in an attempt to force him to issue the divorce.

    Goldfein, testifying for the federal government in exchange for immunity, said he was surprised when he heard about the attack on Friedman and called another rabbi to try to learn more details.

    Goldfein, who is a rabbi, said he was led to believe the money was to go to the husband, Friedman, as part of his agreement to grant his wife
    a religious divorce so that she would eventually be permitted to remarry in the Orthodox Jewish community.

    "The $60,000 was not for anything like that," Goldfein said. "It was to give to Aharon Friedman."

    He said Friedman wanted the money as reimbursement for the property settlement his wife reportedly received in civil court. He said he
    expected to pay some kind of fee for Epstein's service after the divorce
    was granted.

  44. @Ziggy Can you name even one of these rabbonim who was opposed to R' Moshe publishing his lenient teshuvos.

    Were these rabbonim opposed to the correctness of the actual rulings, or were they merely opposed to the fact that R' Moshe published them?

    Also see here, where we see that one need not refrain from teaching Torah, even of there is a concern that someone with a warped mind will twist the Torah.
    תלמוד בבלי מסכת בבא בתרא דף פט עמוד ב
    אמר רבן יוחנן בן זכאי: אוי לי אם אומר, אוי לי אם לא אומר, אם אומר - שמא ילמדו הרמאין, ואם לא אומר - שמא יאמרו הרמאין: אין תלמידי חכמים בקיאין במעשה ידינו. איבעיא להו: אמרה או לא אמרה? אמר רב שמואל בר רב יצחק: אמרה, ומהאי קרא אמרה: כי ישרים דרכי ה' וצדיקים ילכו בם ופושעים יכשלו בם.

    This idea can also be learned from Hashem himself, who taught us a certain lesson, ignoring the fact that people might twist the verse the wrong way.
    Case in point, see Rashi Bereishis (1:26)
    נעשה אדם - אף על פי שלא סייעוהו ביצירתו ויש מקום למינים לרדות, לא נמנע הכתוב מללמד דרך ארץ ומדת ענוה שיהא הגדול נמלך ונוטל רשות מן הקטן. ואם כתב אעשה אדם לא למדנו שיהא מדבר עם בית דינו אלא עם עצמו, ותשובת המינים כתב בצדו ויברא אלקים את האדם, ולא כתב ויבראו:

  45. @Daas Torah As you note, R' Moshe obviously disagreed with Ziggy, as evidenced by the fact the he published these teshuvos.

    I note that R' Moshe's position is supported by the Shach (YD 242: s.v. 17)
    שולחן ערוך יורה דעה סימן רמב, סעיף י
    יש מי שכתב שאסור לחכם להתיר דבר התמוה שנראה לרבים שהתיר את האסור.
    ש"ך יורה דעה סימן רמב, ס"ק יז
    שאסור לחכם כו' - נראה דהיינו דוקא אם מתיר בסתם, וכן נראה מהראיות שהביא בהגמ"יי שם מרפ"ק דסנהדרין (דף ח') גבי רב דבקי במומי וס"פ כל היד דף כ' סוף ע"א גבי ר' חנינא דפלי קורטא דגרגישתא וריש בכורות גבי כל חיותא דרב מרי בר רחל, אבל אם אומר לשואל טעם בדבר ומראה לו פנים או שמביא ראיות מתוך הספר מותר:

  46. And now you have added a second post (on which I don't seem able to comment) condemning Rabbi Greenblatt's supposed hypocrisy in signing the letter protesting the IBD, while permitting a remarriage based on "the DSM". Perhaps the explanation is that your speculation as to how Rabbi Greenblatt came to his action is just wrong?

    Is it really proper to criticize a Talmid Chacham publicly on the basis of "The only possible justification that I can think of..."? Perhaps the defect is in your imagination rather than Rav Greenblatt's action.

  47. “ You
    are making up a new category for adultery. We are talking about a clear Torah
    prohibition which is prohibited both on the Torah and Rabbinic level - in fact
    there is no heter available. Being told by a rabbi to transgress the Torah -
    i.e., adultery - isn't a heter.”

    In הלכות שבת
    rarely when the Gamara says פטור אבל אסור,
    does the Gamara mean a heter. The Gamara
    makes the point that the question is whether בשוגג,
    the violator has an obligation to bring a חטאת.
    “Do not have carnal relations with your neighbor’s wife and defile yourself
    with her” (Leviticus 18:20) and other passages determines the ממזר. “You shall not commit adultery” determines with מזיד ובהתראה there is סקילה.

    Can we leave out from our
    discussions ממזר (and
    סקילה)? Secularists and gentiles reading our
    words could make trouble for us. Let us
    simply say there is a clear Torah and Rabbinical prohibition on marrying
    without a get. We exaggerate when we
    talk of ממזר (and סקילה). Rabbi Riskin wrote recently about the impossible
    proofs required to prove a ממזר.

  48. Not sure what you are saying. In this class we have an eishis ish - with witnesses. We have witnesses that she remarried without a get. She is now living openly with her new husband. The poskim who have been consulted said there is no question her children will be mamzerim.

    What is it that you don't understand?

  49. Mike - at this point it is more than speculation. It is more than "the only possible justification"

    So while it is nice to stand up for a talmid chachom - the basis of the heter is to destroy the ability of Aharon Friedman to get married or remain married - as well as depriving him of his daughter. Why are you accepting Rabbi Greenblatt's destruction of Aharon Friedman's life so calmly?

  50. “What is it that you don't

    I don’t understand how an Orthodox
    Rabbi married Tamar without a get. I’m
    looking for leniencies, not to allow remarried of an אשת
    איש without a get, but merely, that subsequent children not become ממזרים.

  51. If you acknowledge that Tamar is committing adultery please explain how her children would not be mamzerim? In short - you are describing heterim that don't exist.

  52. Even if the subsequent children poskim rule ממזרים, let’s be nice to them and welcome and
    bless them as part of the Jewish people.
    Let’s also bless the parents of these ממזרים,
    for bringing to world Jewish babies. I’m
    a כהן: “The Lord spoke to Moses: Speak to
    Aaron and his sons: Thus shall you bless the people of Israel. Say to them: The
    Lord bless you and protect you! The Lord deal kindly and graciously with you! The Lord bestow His favor upon you and grant
    you peace! Thus they shall link My name with the people of Israel, and I will
    bless them” (Numbers 6:22-27).

  53. One more point: It is G-d who made the rules about a mamzeir. No human can decide to be more "compassionate" than Hashem Himself. We have to follow His dictates and commandments.

  54. would you go as far as to say איסור דאורייתא for Tamar to cohabit with her new husband?

    Why not?

  55. @ Mike

    Halachically, a rabbi who makes an unusual permissive ruling, carries on himself a burden of clarifying his ruling.

    This is not a stringency. This is actually only a leniency, provided the Shach. I will explain.

    As per the Shulchan Aruch (YD 242:10) a rabbi is not allowed to permit something that people perceive as being prohibited. Period.
    שולחן ערוך יורה דעה סימן רמב, סעיף י
    יש מי שכתב שאסור לחכם להתיר דבר התמוה שנראה לרבים שהתיר את האסור.

    However the Shach, in his commentary, formulates a leniency, in a case where the rabbi provides a clear rationalization for his ruling.
    ש"ך יורה דעה סימן רמב, ס"ק יז
    שאסור לחכם כו' - נראה דהיינו דוקא אם מתיר בסתם, וכן נראה מהראיות שהביא בהגמ"יי שם מרפ"ק דסנהדרין (דף ח')
    גבי רב דבקי במומי וס"פ כל היד דף כ' סוף ע"א גבי ר' חנינא דפלי קורטא
    דגרגישתא וריש בכורות גבי כל חיותא דרב מרי בר רחל, אבל אם אומר לשואל טעם בדבר ומראה לו פנים או שמביא ראיות מתוך הספר מותר

    A reasonable person will agree that a ruling permitting an "eishes ish" to remarry without having received a Get, is considered an unusual ruling. As such, the rabbis involved in this liberal dispensation are either halachically prohibited from making such pronouncements (as per the Shulchan Aruch), or they are duty bound to explain the basis for their leniency (as per the Shach).

    The public awaits to the hear the defense of this unusual ruling. The burden to explain such a ruling, lies on those who made it. Until they do so, the ruling is allowed to be criticized.

  56. If you mean to say that you spoke to Rabbi Greenblatt, and he told you that was the basis for his action, I withdraw my comment. Similarly if you have some reason for your assumption that you can share other than just your inability or unwillingness to imagine an alternative explanation. But absent that, you should, I think, be more circumspect. There could be many explanations, some of which I offered in another comment.

    Rabbi Greenblatt did not make a custody decision; that would have been a family court judge. I have no idea whether that was a just decision or otherwise, and whether the change Mr. Feldman seeks is really "more equitable." Since your information seems to come from Mr. Feldman, I suspect you don't know either.

    As far as his ability to remarry, that would depend on the reason for the ruling. Only if you are correct that the basis is some mental illness on his part would it impact his ability to remarry. If, for example, the basis is that Ms. Epstein hid the fact she was already married at the time of her marriage to Mr. Feldman, and that first husband has since died or given a get, it would have no effect on Mr. Feldman's marital prospects whatsoever. And even if the basis is some mental illness, if he is honest about it with a second wife, he would be able to remarry.

  57. The best solution for this situation is for the IBD to declare Tamar as
    insane. That would annul her second marriage and relieve her future children
    of being mamzerim. Mimo nafshoch, if Greenblatt is right that he is insane, then
    there never was a first kidushin, if IBD is right, her second kidushin is null
    and void, the children are from a pnuya. Perhaps if both are right, ma tov uma
    naim sheves achim gam yachdov, then the future children have double protection.
    There only remains an R' Akiva Eiger type of kushya, what happens if she now
    changes her mind to go back to her ba'alo harishon, shall we say that since both
    are insane, it is invei hagefen beinvei hagefen dovor noeh umiskabel, therefore,
    no one can claim a mekach tuches since both buyers are aware umotzo min es
    mino, or on the other hand both the mekadesh and mekudeshet must be of sane
    mind, else, no dice. That problem can only be solved by R' Epstein by whacking
    both back to sanity, and if he does that, then chozer vechalila, the first
    kidushin is tofes, becomes back an eishes chayil and future children become
    mamzerim round and round the MarryWheel goes. He therefore must whack back only
    her, so they can live 'marryly' ever after. Bottom line, did she do better the
    second time around? Only time will tell. All this, just to demonstrate kama
    yafeh kocham shel chachamim, ma sheze boineh, ze soiser, ke'en stiras R' Green
    Blatt, uma sheze matir ze oiser, vechein lehefech, and so it goes. Vekol kach
    lama, kedei lehagdil Torah veyadir. The competition is big, and everyone wants
    to outdo the other with a bigger bang, for a bigger buck.

  58. Unfortunately, there are plenty of otherwise respectable rabbonim who have no problem regularly doing 'chuppah vekiddusin' (marriage ceremony) for women who were intimate with their now husband while married to someone else. (Just like there are plenty of otherwise respectable rabbonim wh have nn problem marrying off a cohen to a 'gerusha' divorcee or other impermissible to him.)

    But no respectable rav will marry a woman without a universaliy accepted get.

    (Another reason all halachic analysis and rationalizations must be publicized, together with all rabbonim who signed off on it.)

  59. Aren't there halachic criteria for eetermining mental status for someone who can give / receive a get, be a 'shoteh' exempt from mitzvot, can make a 'bracha' blessing for others, etc.

    Shouldn't those criteria be the minimum in this kind of case, not a non specific DSM criteria?

  60. Mike,
    My brother is right. But right now I can't go into more information. I do plan soon to go into this more but I can't do that now.

  61. Gerald,
    If rabbis can just decide that a husband is unworthy for mental reasons to be married and annul the marriage, what are the rules? Doesn't everybody have some imperfection in his style and if we can label that with some terrible label and then announce the marriage has disappeared, how many women can just run away from their husbands?

  62. in this post you undermine the credibility of Rabbis without any concrete evidence. You have a picture of a serious Rosh yeshiva. Please provide evidence that he is involved in this matter.

  63. I think there should be a clear difference between simply being mesadar kedushin and giving an official okay for a specific type of marriage.

  64. According to press reports, the baltimore bet din was in process of ruling the husband should be getting more visitation, and the visitation should be in silver springs (maryland).

    Did r n greenblatt ensure this would be carried out. (Obviously not, if the couple is to be living in memphis.)

  65. It is obvious that Rabbi Greenblatt was fully aware of the fact that Tamar did not have a Get and still was mesader kedushin. That means he agrees that Tamar did not need a GET

  66. The halachik purpose of a 'mesader kiddushin' is not for ceremonial purposes, but to make sure everything is done 'ke'dat uk'edin'. Especially in cases of cohanim, gerim, or gerushot.

    Otherwise, anyone can be 'mesader kiddushin. Don need a rav, or smicha / ordination.

  67. Argue with haModiah. http://hamodia.com/2014/01/05/harav-ephraim-greenblatt-ztl/

  68. Aside from the hamodia - Rabbi Nota Greenblatt is referred to as Rabbi Ephraim Greenblatt's uncle

  69. כל שאינו יודע בטיב גיטין וקידושין, לא יהא לו עסק עמהם

    While it is true that for siddur kidushin for a never-married bride and groom, whom both have a complete assumption of "all is right," it is enough to know the laws of kiddushin. However, for a divorced person, they must be very well versed in the halachos...

  70. R' Ephraim refers to R' Nota as his uncle:

    Here too:

    R' Ephraim's father was R' Avrahm Baruch. R' Nota was the youngest son of his father, R' Yitzchak. He is the author of כריח שדה:

    The attached picture was taken from here:

  71. Between Rav Ephraim and Rav Nota, who is considered the greater Rov?

  72. Halachicly, anyone *can* be a mesader kedushin. Even a layman. There is no halacha requiring a rabbi to officiate a marriage. A couple can get married, halachicly, without any rabbis.

  73. Agreed. I was referring to the second part of the comment, that lambasted most רב, ר"י for being mesadar kedushin in every day cases.

  74. Rav Ephraim, by far. No doubt about it.

  75. Because of the current issue regarding Rav Nota and the Epstein case? Or completely independent of that?

  76. Lo yehe esek imohen, is for anyone that is not baki, otherwise he is playing russian roulette with peoples halachic lives! Never mind single or double, gorush grusho. You go apply in israel for registration and you find out how they dig into your background, it is for the benefit of all parties involved. After the sweep has been done by competent bekiim betiv gitin... than a layman can get a shot at it with chochom omed al gabov.

  77. Regardless, if Mr. Moshe Pipik is mesader kedushin in Yerushalayim for a young couple k'halacha, the couple is fully halachicly married.

  78. Lsohon lo yehei is mashma if an eino boki did execute, if no sirchas found afterwards, of course it's chal. If anyone was mekadesh with two witnesses is also valid, but down the line you might come up with humongous problems, meuves lo yuchal letaken! That is the reason to have a baki mesader kidushin, note mesader means with an order, and mi she'eino boki has no order, indeed he is not mesader anything serving just like a puppet. Just like for simonei tahara you need R' M. Pipik. to be korkevonoi niklaf, otherwise not only the pipik is treif, but the whole bird is.

  79. 'Couple is halachically married'

    Except a kiddushin for an 'eishet ish' is not a kiddushin. (Unlike, say, a kiddushin for a cohen with a 'gerusha' which is impermissible, but a valid kiddushin.)


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