Igros Moshe (IV #87.01) Is there a problem of Lifnai Ivair in marrying a couple that are prohibited to each other or a woman who cannot be purified from Nidah or people who don’t observe laws of Nidah? What I have written previously about the view of Tosfos that in a case where they are prohibited by the Torah that is in regards to intercourse but there is also a rabbinic prohibition to marry them because it might lead to intercourse. This reasoning applies also where Nida is not observed or she can’t become purified and thus a rabbi should not marry them nor should there be witnesses. However if the marriage is done for an alternative need such as their need to have the status of being married and not to facilitate sin then technically it is not viewed as lifnai ivair. Nevertheless to perform the ceremony or witnessing it for those not keeping Nida it is still prohibited since it might lead to transgression. The Netziv poskened that if matchmaking it is done for parnossa then is permitted to match also couples that will not keep the mitzvos or nidah. Thus to be a witness or performing the marriage for pay would be allowed. Others such as the Shach view that lifnai ivair does not apply to the irreligious who deliberately sin. The standard practice of rabbis in America is to be lenient in this matter because otherwise they could not get hired anywhere as a rabbi or they would be fired for refusing. Nevertheless I have ruled not to say a beracha at the marriage of those couples that are prohibited or Niddah because there is no mitzva of Kiddushin in these prohibited marriages.
I don't follow this clause in the middle?
ReplyDeleteHow is this different from the cases where it's forbidden, as the reason for marriage is the same:
"However if the marriage is done for an alternative need such as their need to have the status of being married and not to facilitate sin then technically it is not viewed as lifnai ivair"