Profile Rabbi Dovid E. Eidensohn

Thursday, February 18, 2016

What does the Gaon Rav Dovid Feinstein Want with His Meeting?


  • Response to my brother's blog daattorah.blogspot.com on Rav Dovid Feinstein.



    It seems that the writer of the above feels that Reb Dovid Feinstein is within halachic guidelines if he pronounces Aharon unable to marry and Tamar is married to the new husband. I don't know what mitzvah it is to state the above things that are pure conjecture and I feel they are completely wrong. Anyone who imputes to anyone today the right to consider the Kaminetsky sevorose as halachically binding defies basic Halacha.
    1) First of all, Reb Moshe Feinstein himself says that if he permits a woman to remarry without a GET when she was badly fooled by the husband to marry him, it is only when it is impossible to get a GET. Here Aharon Friedman told me that he is willing to give a GET, and it seems that many people know this. Therefore, Reb Moshe would forbid Tamar from remarrying without a GET.
    2) If Reb Dovid recognizes Tamar's new marriage, he is arguing with his father.
    3) And if his father is opposed to Tamar, who in the world is there who backs Tamar's remarriage? Is Reb Dovid greater than his father and the Noda Biyehuda I:80 who says that even in cases where it is obvious that the woman was fooled by a terrible man to marry her, she cannot remarry without a GET? Does Reb Dovid disagree with the Noda Biyehuda and his father Reb Moshe?
    4) And if Reb Dovid decides to go his own way and pasken against the Noda Biyehuda, the Kovna Rov, both who were gedolei hador generations before Reb Dovid, does this mean he does not believe in ruling like the majority which is usually the case (Choshen Mishpot 25:2 see Gro 18 many sources to this)?
    5) And if Reb Dovid does feel that he can rule against the Noda Biyehuda, Kovna Rov, Beis HaLevi who ruled that one cannot remarry without a GET even in these extreme situations, what does he do with the Mahari ben Leib, considered by some the rebbe of the Beis Yosef, who writes in his teshuva sefer4 19 3 "When we adjudicate about allowing a woman to marry and there is a question if she is permitted to marry because rabbis argue, we are stringent not to allow her to marry even if most rabbis are lenient." Surely if most rabbis are stringent we don't allow her to remarry. But if Reb Dovid agrees with Reb Shmuel, he is a minority against the vast majority of earlier generations and today. What right does he have to even consider this, if he does? Of course, I don't know why he is doing what he is doing, and maybe he has something worthwhile to say for that. But it surely is suspicious nine days of nothing for what?
    6)If Reb Dovid says that he disagrees with the Mahari ben Leib what does he do with a Tosfose in Kesubose 2A that says the same thing, that although in other cases we would be lenient, if we are talking about a woman marrying someone who is forbidden to be with her, and a sin is committed constantly, we can be strict.
    7) The entire episode of Reb Dovid lending his name to someone who has been exposed in the worst way by rabbis throughout the world as one who permits a woman to remarry with no honest halalcha backing, is a first rate chilul Hashem. It will completely destroy respect for Reb Dovid and anyone who will agree with him. Why did he get involved in this?
    8) I don't know. And maybe he did it under pressure from the Agudah, because they, and only they, have a dog in this fight. If RSK is not able to redeem his reputation, and the Agudah is unable to get rid of him, the Agudah is besmirched. The fact that the Agudah is not expelling him when all of the great rabbis in the world have declared him as a mamzer maker tells us something. If Reb Dovid wants to work with them, he is finished with me. I am a close Talmid of his father and got a very warm haskomo from him for my seforim, but if Reb Moshe's son wants to join the evil doers, he is finished with me and with a lot of other people. What a terrible thing. Let us hope he pulls out of this before he does something he will regret. There are people who are famous for their learning and so nobody wants to tell them the truth. Well, I will tell him the truth, here, and in the future. Let him be warned.
    Dovid Eidensohn
    Haskomo from Reb Moshe Feinstein zt"l on my seforim:
    This Rav haGaon (me) is known to me for many years as one who delves very deeply to clarify complicated halochose.

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