Igros Moshe (EH I #76) We need to decide the status of a man and woman living together as a married couple. If it was in a place where religious Jews live who can be considered as witnessing both the yichud and sexual intimacy and thus their relationship is not considered fornication but actual marriage – then the marriage might be valid. . But this is only if he is aware that intercourse needs to be done as part of marriage. Those who go to Reform rabbis mistakenly think the marriage is caused by the ceremony and that the intercourse has no halachic significance, Thus they are not married and don’t require a Get. This is also true regarding the non religious who transgress all the Torah prohibitions Even an observant Jew who views the marriage solely dependent on the marriage ceremony, the intercourse would have no halachic significance.
What about Pilegesh?
ReplyDeleteWhat about pilegesh do you want to know?
Deletethe teshuva says "If it was in a place where religious Jews live who can be considered as witnessing both the yichud and sexual intimacy and thus their relationship is not considered fornication but actual marriage – then the marriage might be valid."
DeleteBut they could be halachic entrepreneurs and live together in a pilegesh relationship.
Biah is one of the 3 methods of marriage, but does it necessarily lead to marriage?
simple answer is that they don't have kiddushin and that the intercourse is not for the sake of kiddushin. He clearly states kishushin only occurs if the intent of the act is kiddushin. That is why there are problems with playing at kiddushin. Is ir a joke or were they serious?
DeleteHe may clearly state, but the translation is not clear.
Delete"But this is only if he is aware that intercourse needs to be done as part of marriage"
So.if he's aware but not intent on marriage...
Hence the lack of clarity