Saturday, October 31, 2015

Rav Nochum Eisenstein on the Tamar Epstein "Heter Nisuin"

Guest Post by MiMedinat HaYam

Wednesday nite on a local NY / NJ radio program by R Dovid Lichtenstein (a Lakewood real estate gvir, who wrote a book and gives a Lakewood shiur on current topics in halacha) R Nochum Eisenstein was interviewed regarding the Memphis "hafkaat kiddushin" case. (the program will probably be rebroadcast in NY metro area at 11PM motzei Shabbat on 570AM radio, and online at Nachum Segal. check their for schedules, other stations, and podcasts.)

The format of this program, as one can see at, is leading poskim and rabbonim on issues of the day.

Rav Eisenstein was "mesharet baKodesh" to Rav Yosef Shlomo Elyashiv for thirty years, specializing in kiddushin and giyur matters, and is currently the av bet din for Rav Elyashiv's bet din on this matter.

Rav Lichtenstein's office sent me a link to the program's recording at dropbox

Rav Eisenstein begins at approximately 38:30.

Some highlights:

Rav Elyashiv was very insistent that there is no hakfkaat kiddushin today. perhaps by a godol like Rav Moshe Feinstein, but that’s it.

Everything must be done "befanav" (in front of him) husband and wife, before a "proper bet din"

Rav Lichtenstein said he spoke with Rav Greenblatt, who told him he did this twice in sixty years, this is the second time (meaning Rav Greenblatt did the "hafakaah" and the subsequent kiddushin.)

Rav Eisenstein said that Rav Greenblatt is from the "gedolei america", but he added that "transparency will be the answer for everything" "there is no 'makor' (source) (in this case) for 'mekach taut' since they were living together and had a child together."

The discussion then turned to the issue of prenuptuals. "Rav Elyashiv was against any type of prenup" because of "asmachta" (though Rav Lichtenstein said there are solutions, but to Rav Elyashiv, they were "no good.") that was a halachic opposition. he Rav Elyashiv also had a hashkafic opposition that they were " not the derech of yisrael sabbah . . . not the way kiddushin is done."

Rav Eisenstein had an extensive discussion with Rav Dovid Feinstein this past summer on various issues, and he is authorized to quote Rav Dovid that "Rav Moshe was against all prenuptuals" halachically and hashkafically. 

He also quoted Rav Dovid that the "agunah problem is entirely out of proportion". and Rav Eisenstein goes on to say that he has handled numerous gitten, and they can always be solved, but once the parties get bad advice from bad sources, they are much more difficult to solve, and only then does one have problem solving them.

No comments :

Post a Comment

please use either your real name or a pseudonym.