Tuesday, August 22, 2023

Rav Chaim Malinowitz: Rav Feldman is mistakenly transforming this outrage against the Torah into a mere dispute of poskim

Guest Post
first published two years ago

this is relevant to rav Shmuels claim that there is a machlokes haposkim if Tamar can remarry without a Get

The tragedy of Rav Feldman's letter , besides the emotional reference of some unspecified behavior by unspecified people being worse than being mattir an eishess ish to remarry without a Get (!) , is, in my opinion, the language in the letter relegating what has occurred to - "I respectfully disagree". The damage done by such a weak description is incalculable.

We now have a machlokess what berachah to make on rice cakes ; a machlokess about the shiur of a kezayis; and a machlokess about allowing an eishess ish to remarry without a Get based on a hired person (hired by one party) writing a report about another party's mental health without ever meeting that second party and then using that report to shop around till someone is found who will pasken that no one but no one would ever deign to live with such a person (despite the first party actually having done so for a significant period of time) and who will actually allow remarriage without a Get;  and this without a proper investigation that this "condition" actually existed at the time of the kiddushin!; and  all this without the presence or knowledge of the second party (who certainly needs to be heard from by  a Bais Din as to what he has to say to the claim of mekach to'us (may we assume that it is no worse than if I sold you a tape recorder and you claim mekach to'us?) ; and  with everyone subsequently denying that they were mattir (wasn't me, it was him; no, it wasn't me, it was him; no, no,  it wasn't me, it was him)

And this, I now read, is simply a disagreement between Poskim!

Talking about "worse"-- the cover-up is worse than the crime.

Rav Chaim Zev Malinowitz

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