Halachic Musings
By Rabbi Yair Hoffman
Last week, the Five Towns Jewish Times ran an article about the unfortunate dilemma of agunos. A number of points were made in the article. One point was that Rav Hershel Schachter, a leading halachicposek and a champion of the rights of agunos, had voiced serious dissent against what he sees as radically innovative methods propounded by the International Beis Din established by Rabbi Simcha Krauss.
The approach, in essence, creates annulments by unilaterally dissolving marriages by a light investigation where the three members of the beisdin determine that there were never valid witnesses in the first place.
This author further pointed out that ultimately the “annulment approach” to resolving the agunah crisis would both create pariah status for the descendants of those who received IBD annulments as well as cause a marriage rift in Orthodox Judaism. I presented the argument that we must certainly address the agunah crisis, but not at this double cost of making these young women and their children pariahs and of causing a rift within KlalYisrael where people will not marry into them.
Update
Since then, the Five Towns Jewish Times has obtained specific rulings that have emanated from the IBD. It seems that the IBD has thus far issued annulments to seven women. The 5TJT has seen the alleged arguments for three of these rulings. Essentially, the IBD views videotapes of the weddings and seeing no witnesses standing in the front, assumes that there were no previously specified witnesses in the audience and thus annuls the marriages. They also assume incompetence on behalf of the officiating rabbi, an assumption that is, at best, halachically questionable.
Initially, the IBD claimed that they would have full transparency in regard to all their annulments. Unfortunately, the rulings were never made public, even though a full seven annulments have been issued. Only after pressure has some of the information been released.
Further clarifications have also revealed that Rav Zalman Nechemiah Goldberg had never backed the IBD initiative. Previously it was reported that he had initially supported the idea but backed away. It seems that this is entirely incorrect. Inquiries have revealed that Rav Goldberg had never backed the IBD initiative in any manner.
It was also claimed by supporters of the IBD that Rav Hershel Schachter had made a deal that he would not come out against the IBD and had reneged on this arrangement. This too, has proven to be entirely unverifiable. Rav Schachter had only met with Rabbi Krauss in June 2015 at Rabbi Krauss’s initiative. The meeting was held at Yeshiva University and no such “deal” or conversation took place. There was no other communication between the two or their representatives.
Because of Rav Schachter’s dissent, 100 rabbis have signed on to attack Rav Schachter’s position. A good many of these signatures are from rabbis who are simply not on the same page as most Orthodox rabbis. They have taken the most radical positions on issues of Biblical criticism, changing the formulation of blessings instituted by the Men of the Great Assembly, recognizing marriages that the Torah clearly prohibits, and engaging in interfaith activities that are clearly forbidden by halachah.
There have also been several Facebook campaigns subtly attacking Rav Schachter. One such campaign is titled, “I stand with the IBD. Say yes to halachic civility.” The campaign essentially labels Rav Schachter as being uncivil in espousing his halachic positions.
On a final note, it is disconcerting that the voice of the yeshiva community has not been heard as of yet on a matter that can affect the future of KlalYisrael. This author has no doubt that in the coming weeks or months such statements will be issued. What is disconcerting is that the yeshiva community still takes significant time to react to important issues.
Below is a back-and-forth correspondence between this author and the dean of Chovevei Torah regarding the possible rift and the pariah status of IBD annulments.
Dear Rabbi Hoffman,
The one thing I would most strongly disagree with is that when the IBD releases these agunot, they or their children will be pariahs. To the contrary, well over 100–and maybe hundreds–of Orthodox rabbis will be competing to officiate at their weddings. And all the girls or boys they meet, while perhaps getting a thumbs down from their shul rabbi (who may be centrist or chareidi), will find many Orthodox rabbis that will approve of the shidduch. And the families will all go to these weddings, and the friends of families will all go . . . No split in sight as long as rabbis will do the weddings.
Also, the letter is not denouncing Rabbi Hershel Schachter, just supporting Rav Krauss.
Gmar Chatimah Tovah and Yasher Koach on Your Writing,
Asher Lopatin
Dear Rabbi Lopatin,
Thanks for your response. I do not know of anyone in the yeshiva community who would marry a child from such an annulment. The yeshiva world and community is not an insignificant section of KlalYisrael. What this is doing is ensuring that people from a Modern Orthodox background not marry into families with a yeshiva background–and that would be a terrible, terrible shame.
Yair Hoffman
Dear Rabbi Hoffman,
They will all come to the weddings, and if they can find an Orthodox rabbi who gives a thumbs up, they will marry them. Rabbis even in the yeshivishevelt are losing control–for better or for worse.
Asher Lopatin
Dear Rabbi Lopatin,
Thank you for your response and wishing you a kesivah v’chasimah tovah as well.
Regarding the issue of annulments of Jewish weddings, I am sorry to have to point this out, but we cannot just “will away” an issue just because we don’t like the implications of a very valid point. There is a clear and present problem here, in regard to the creation of a rift. It has nothing to do with whether a rabbi would be willing to marry them. Of course you will find “orthodox rabbis” willing to marry them. There are Orthodox rabbis that will do anything, as one can see from a cursory glance of headlines in the past few months.
My point is that the annulment game has already created a situation where no one from a yeshiva background would wish to date girls or their children when they have received annulments. Our well-placed rachmanus for the agunah will create a horrific situation for her post-annulment child if we adopt the annulment system–no ifs, ands, or buts. It already has. Certainly Rabbi Krauss does not have a better reputation than Rav Moshe Feinstein, zt’l’s own grandchild. Yet he has given annulments and no one from the yeshiva world or the chassidish world will date these girls.
Although you write, “They will all come” and “They will marry them,” I believe this is either head-in-the-sand thinking or that you are completely unaware of an entire demographic of Jews.
Denying a problem will not make it go away.
There are entire zip codes where the residents are as likely to marry a girl with an IBD annulment as they are likely to eat lobster or shrimp. Example zip codes are 08701, 11249, 11219, 10952, just to name a few. Think of Madison Square Garden’s siyumhaShas, Rabbi Lopatin. Do you really think that there is one, even one, attendee who would have his child marry a girl or boy whose mother did not receive a get but had an annulment?
It is all very well and good to try to solve one problem, but creating a much larger problem by trying to solve another problem is short-sighted and very damaging.
With due respect, I submit that your response indicates a similar unawareness as to where the chassidic, the yeshivish, and the chareidi world is holding. They will not marry these children and will consider them mamzerim.
Don’t get me wrong. We need a solution to the agunah dilemma. But it has to be one that does not create larger problems. And we cannot pretend that this rift will not happen. If you put a world-class hechsher on pork rinds, KlalYisrael will not eat the pork rinds; they will throw out the world-class hechsher.
Moshe Montefiore once tried to enter HarHaBayis in a carefully constructed box that allegedly would make it as if he wasn’t actually entering HarHaBayis. They stoned him.
Wishing you a gut Shabbos and a gut gebentched year,
Yair Hoffman
Dear Rabbi Hoffman,
I’m listening, I take what you say seriously, but I don’t agree. And that’s for the record!
A gut yohr–in all the zip codes!
Asher
The author can be reached at Yairhoffman2@gmail.com.
