Sunday, December 20, 2015

Conservative Movement annuls marriages not only by mekach ta'us but also if their rabbis think it is a good idea - what do they think about this in Philadelphia and Memphis?


Tamar Epstein became an agunah — a woman tragically chained to a defunct marriage — when her husband, Aharon Friedman, unscrupulously and vindictively refused to grant her a get, a Jewish religious divorce. 

The case — similar to a scandalously large number of similar situations involving “chained” women and recalcitrant husbands — received intense public scrutiny in part because Mr. Friedman was a staff aide to a member of the U.S. House of Representatives. Rabbinic suasion and public excoriation nevertheless failed to move this particular recalcitrant to fulfill his religious obligation and terminate his marriage in accordance with Jewish law and morality. The couple’s marriage had already been dissolved in civil court.

Ms. Epstein recently has entered upon a new marriage in a ceremony solemnized by a prominent Orthodox rabbi. Her marriage to Friedman was annulled — or, more accurately, declared to have been invalid ab initio — by (as of the publication of an article on the case in the Forward) an as-yet-to-be-identified Orthodox rabbi in Philadelphia. I wish Ms. Epstein and her bridegroom, Adam Fleischer, much happiness and mazal tov — and I wish to express profound admiration and support for my anonymous Philadelphia colleague. As the Almighty promised His covenant partner, Abraham: “Your reward will be very great” (Genesis 15:1). [...]

In its recent article, the Forward quoted Rabbi Aharon Feldman of Baltimore’s Ner Israel Yeshiva as calling for the former agunah (whose original marriage, and therefore whose status as an agunah, he deems to remain intact) to leave her new husband. Rabbi Feldman declares any future children born to the Fleischers to be mamzerim — “bastards”— themselves forever debarred from marriage to “legitimate” Jews. Rabbi Dovid Eidensohn similarly is quoted as describing the dissolution of Ms. Epstein’s first marriage as “a sad joke based on a clear corruption and misuse of halachic principles,” and declaring Ms. Epstein an “adulteress.” An organized effort (likely to exceed in volume and vitriol even the considerable campaign to persuade Mr. Friedman to grant a get in the first place) is underway to reject the Philadelphia-based annulment, to discourage like-minded rabbis from similar findings of law, and to deny the legitimacy of any such rabbinic actions that might be taken in the future. [...]

In addition to the principle of “mekach ta’ut,” the Talmud also asserts the far more controversial power of the rabbis to annul marriage (with cause) as an exercise of sheer authority. This extraordinary power is based on the premise that every Jewish marriage is contracted on rabbinic authority, and that the rabbis retain the concomitant prerogative to undo the marital bond unilaterally. The Forward quotes an anonymous Orthodox source as stating that this rabbinic power “has never been used in modern times.” This is untrue.

While the exercise of such sweeping rabbinic authority should be used rarely, only as a last resort, and with the utmost discretion, the Joint Bet Din of the Conservative movement does just that. Rabbinic authorities who not only delegitimize this mechanism of marital dissolution but who reject those who rightfully and courageously wield this power, on the basis of partisan religious politics alone, are complicit in creating agunot. They abet recalcitrant husbands in chaining their wives.

As a Conservative rabbi, it pains me to say it, but the efforts of the Joint Bet Din to free more agunot are impeded not only by the partisan attacks of our detractors, but by the religious laxity of some among our supporters and constituents. There are traditional, knowledgeable, pious Jewish women — including some affiliated with Orthodoxy — who would come to Conservative rabbis for relief from their status as agunot. They are dissuaded from doing so, however, by the fact that those authorities serve a constituency often lacking a fundamental commitment to Jewish law and observance. This leads observant agunot to neglect an invaluable (perhaps exclusive) resource for legitimate halachic relief. Conservative Jews who champion egalitarianism and pay lip service to the religious enfranchisement of Jewish women — yet whose personal halachic disengagement undermines the stature of their rabbis as religious decisors — thus are complicit in creating agunot. They abet recalcitrant husbands in chaining their wives. [...]

24 comments:

  1. See article conservative rabbi calls the K my colleague!!!! Says it all

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  2. The Kamenetzky and Yudi Svei are worse the then the conservatives. They claim to be ultra orthodox yet when it comes to Halacha they adhere to the conservative and reform directives of Halacha. Dangerous

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  3. can an external movement, be it conservative, xtianity, zoroastrianism, etc etc influence halacha?

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  4. Where does svei fall into this mess? Poor guy didn't pick this shutaf

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  5. Tamar Epstein put herself in a no-win situation. If Aaron Friedman should now freely offer the get. If Tamar accepts it, that proves the heter is a sham and she has been an adulteress. If she says a get is unnecessary because her marriage was annulled, then why is Aaron Friedman still barred from Silver Spring shuls? He has done nothing wrong and he has been maliciously defamed for which he should sue ORA and Tamar for damages

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  6. What does R Yudi Svei have to do with anything?

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  7. is Svei jr. also invovled in this?

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  8. I don't see your logic. She will accept the Get and just say simply that she is taking it to make sure everyone accepts her and it's as simple as that. So simple I wouldn't be surprised if that's what they expect to happen now.

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  9. For Tamar to accept the Get from Aaron Friedman confirms the first marriage is/was legitimate and not subject to annulment. She cannot have it both ways. Either the Get is still required, in which case she is an adulteress, or if the "heter" nullified the marriage and Aaron is being falsely vilified as withholding a Get.

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  10. Theoretically she could accept it simply "l'chumra", claiming it isn't necessary but it is being accepted to cover all shittos.

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  11. Yudi is involved in all they do. They are a trio. They consistently bash Beth din and give heterim to go to arkoas and other crazy heterim.

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  12. By that same reasoning Tamar should have refrained from "marrying" Adam Fleischer until the Get was delivered in order to cover all shittos. As it is, ORA's campaign labeling Aaron Friedman a "vindictive, recalcitrant" HUSBAND has established Tamar as an Eishes Ish. If the Get is delivered now and she accepts it, everyone will see that. The problem she has though is no one is acknowledging the "heter" as valid so any children she may have with Adam are mamzerim anyway. Would Rabbi Kaminetzky or Rabbi Greenblatt allow their own grandchildren to marry her child?

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  13. Politically IncorrectDecember 22, 2015 at 4:41 PM

    Not mekabel. He can't do anything. Leave the poor fellow alone.

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  14. Politically IncorrectDecember 22, 2015 at 4:42 PM

    What?!? How can that be!?

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  15. Politically IncorrectDecember 22, 2015 at 4:45 PM

    In any scenario I can recall, a woman who is permitted to marry, is always arranged that she is 'totally' permitted to the point that she doesn't need anything, even l'chumra..that would seem like a farce.

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  16. Lets start with how we celebrate Chanukah
    Recall the Gaonim instituting get on demand because women were willing to become Muslim to escape an unhappy marriage
    Rav Moshe notes various halachos which were frozen - as if there was only one way to do things - because of concern where the innovations of the Reform would lead

    There are many examples

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  17. Politically IncorrectDecember 22, 2015 at 8:33 PM

    Can you help me with mareh mekomos?

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  18. the way we celebrate Chanukah is largely a response to the other celebration going on at that season

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  19. Politically IncorrectDecember 22, 2015 at 9:27 PM

    The thought it was a response to Greek ATTEMPTS to influence Klal Yisroel with a message advertising that 'no, you WILL NOT influence us'.

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  20. The way some in America celebrate Chanukah with gift giving is indeed an imitation of kratsmich, but that doesn't make it legitimate. Many rabbonim have decried the gift giving on Chanukah. There is no legitimate change in how we celebrate Chanukah based on how the goyim celebrate their idol's made-up birthday on the 25th.

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  21. The Ramban writes that the takana of the gaonin is not longer used because the problem in his time was not women willing to convert but women who were interested in men other than there husbands. That concern brings us up to the Modern Era along with the views of Rabbeinu Taam as to what pressure is permissible.

    The point was that because of the pressures of the outside culture halacha was changed. But we don't have an authority structure like the gaonim and can't adopt their approach

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  22. Politically IncorrectDecember 22, 2015 at 10:46 PM

    Sounds similar to the Rambam mo'us player that the Rosh and others reject.

    Are you familiar with a Tzemach Tzedek that says that we coerce or try to coerce a get if the woman might be mezaneh?

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  23. “Tamar Epstein became an agunah — a woman tragically chained to a defunct marriage — when her husband, Aharon Friedman, unscrupulously and vindictively refused to grant her a get, a Jewish religious divorce.”
    No !!!
    You have to show that the marriage was defunct, meaning dead. You have to show what unscrupulous or dishonest act or word Aaron did. You have to show how Aaron is acting revengeful or vindictive. On http://www.agunahinternatio... on the top is וארשתיך לי בצדק ובמשפט
    Here is the full passage, from this week’s haftorah:
    “And I will espouse you forever: I will espouse you with righteousness and justice, And with goodness and mercy, And I will espouse you with faithfulness; Then you shall be devoted to the Lord.” (Hosea 2:21-22)
    See
    http://www.israelnationalnews.com/Articles/Article.aspx/20539

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