Senior Rabbis Make Mamzerim – Why?
By Rabbi Dovid E.
Eidensohn/eidensohnd@gmail.com/845-578-1917
We have worked
hard recently to refute the incredible distortions of halacha by Rabbis
Greenblatt and Kaminetsky who permitted Tamar Epstein Freidman to remarry
without a GET. It took weeks after the sinful remarriage of Tamar Epstein
Friedman to arouse some senior rabbis to protest. This blog began serious
protests long before then. It was always obvious that the rabbis who guided
Tamar Epstein Friedman had an agenda that was not in the Shulchan Aruch. But
the fact that nobody but me and my brother protested proved to most people that
the senior rabbis who declared that Tamar did not need a GET were perhaps
correct. For long months my blog produced limited interest. Finally, when senior
rabbis began saying what I was saying for years, that without a GET Tamar would
produce mamzerim, my blog shot up. At last, people realized that I was right
and that the prominent rabbis who encouraged Tamar to remarry without a GET
were wrong.
We are not here
to rest on our laurels. True, we publicly stressed the true Shulchan Aruch long
before anyone else came along publicly.
But what has been achieved? As of this writing, nothing. Tamar is still
with a strange man. The rabbis who are responsible for her remarriage have not
publicly recanted. Surely some women will decide to remarry without a GET,
based upon these rabbis and what they did. We want to discuss here two things:
One is where are we now with prominent rabbis defying the Shulchan Aruch, and
two, where will we be down the road with prominent rabbis defying the Shulchan
Aruch?
First, where are
we now with prominent rabbis defying the Shulchan Aruch? We know of course
about Rabbis Greenblatt and Kaminetsky and their ideas about Tamar. Some may
think this is an unusual thing. But it is not an unusual thing. Rabbi Moshe
Heinemann, the rabbi of Baltimore, is a major sponsor of ORA, the organization
that humiliates and coerces husbands to giving a GET. Such a GET is likely a
coerced GET that is invalid and the children born from it are possibly
mamzerim. I called him up and asked him about this, and he told me something
that showed he did not know the Shulchan Aruch. He is not the only one.
The last few
years I have been involved in heavy wars with very prominent Rosh Yeshivas and
poskim about coerced Gittin. There were two very famous cases where two
prominent families had a war. The prominent rabbis of one side published
letters signed by many prominent rabbis that everyone should humiliate the husband
and shame him and cause him pain and distress until he gives a GET. I protested that this violates a Rashbo
VII:414 that there are husbands who are commanded by the Talmud to divorce
their wives and they must do it. If these husbands are living sinfully with a
relative say an aunt or sister, we force the GET even with beatings. But if the
husband is unable to have children and to make the wife happy in marriage, although the Talmud
commands him to divorce his wife, it is forbidden to do three things: We may
not put him in cherem, we may not physically attack him, and we may not
humiliate him. On the other hand, says the Rashbo, a woman who demands a
divorce from her husband because he disgusts her cannot force the husband to
divorce her. “If he wants to, he divorces her, and if he does not want to, he
does not divorce her.” Therefore, all of the these ladies who demand a GET
because they despise or hate their husbands have no legal right to coerce the
husband and if they do coerce the husband, then the GET is invalid. The Rashbo
is quoted by the Shulchan Aruch, Ramo, Gro, Chelkas Mechokake and Beis Shmuel
as the halacha in EH 77 paragraphs 2 and 3. Nobody disagrees. But Rabbi
Heinemann disagrees.
The Chazon Ish
even says that if a Beth Din commands such a husband to give a GET and he gives
it, thinking that the Beth Din was only following the Shulchan Aruch, but in
this case there was no law that the husband must give a GET, the GET is invalid
for two reasons: it is a forced GET forced by the pesak of Beth Din, and it is
a GET given by mistake, because the husband was wrong in assuming that the Beth
Din was correct in their ruling that he must give a GET. (Chazon Ish EH Gittin 99:2)
But how many
Beth Dins and prominent rabbis violate this and command husbands to give a GET
when they feel the marriage is over? How many humiliate husbands who refuse to
give a GET only because the wife demands a GET and claims she despises her
husband? We mentioned above Rabbi Moshe Heinemann, but there are many others.
The problem with
Rabbis Greenblatt, Kaminetsky, Heinemann, etc. is one problem: Today, once a
person considers himself a Gadol, he ignores the Shulchan Aruch. He and others
assume that whatever he says is right, Shulchan Aruch or not.
So, what is
going on today? People who achieve a certain status as Rosh Yeshivas or
Rabbonim make up halacha. And nobody dares to challenge them. And if they
produce invalid Gittin, they produce mamzerim. Rabbi Heinemann on ORA’s website
called upon everyone to support an organization ORA because it forced 150 men
to give a GET with public humiliation and public demonstrations. But a coerced
GET is an invalid GET. And the invalid GET turns children into mamzerim. See
the Rashbo I mentioned above. Here is a prominent rabbi congratulating those
who make mamzerim and asks people to support them!
And what will
happen tomorrow? It is likely be much worse, unless we really make it clear
that mamzer makers are not Gedolim. But who will make that clear?
Somebody noted
that it used to be that any woman whose husband would not give a GET could hire
Epstein to torture the husband and give a GET for sixty thousand dollars. But
after the Trenton trial when the FBI caught Epstein and his crew, people won’t
do this anymore. Therefore, the only hope for some women is to find a rabbi who
doesn’t believe in Gittin, or who twists halacha as Rabbis Greenblatt and
Kaminetsky do. Is that going to be the wave of the future? It depends if we
fight it and make it clear that Tamar and
others who follow the wrong rabbis are going to have children we
consider mamzerim, and that this will be widely publicized.
I heard from Gedolei
haDor of this and past generations that there is something wrong with the
Yeshiva system. The enormous amount of divorces, broken families, broken
children, and broken parents, is just growing and growing. There is obviously
something very wrong when people who come from the finest families and attend
the finest schools and have fine children tear each other part in divorce
battles, in Beth Din and in secular court, without permission of Beth Din.
The Yeshiva
system is designed to produce Gedolim. Once somebody has achieved this, and is
considered a Gadol, whether as Rosh Yeshiva or Posek, he has achieved what the
Yeshiva taught him to achieve. The Yeshiva did not teach him to achieve clear
knowledge of the Shulchan Aruch and the poskim, because the vast majority of
Yeshiva students are not trained in serious halacha. I have spoken to prominent
poskim, Dayanim, etc., and they told me very strongly that husbands must give a
GET upon demand. I asked them what they did with the Shulchan Aruch EH 77 par 2
and 3. They admitted that they had not learned it. But they pasken Gittin
regularly as Dayanim.
When a “Gadol”
thinks something is right, it becomes “Daas Torah,” even if it openly conflicts
with the Shulchan Aruch and poskim. Rabbi Gedaliah Schwartz, the senior rabbi
of the Modern Orthodox, told me that a frumeh couple married by an Orthodox
rabbi and who lived together for a month could separate without a GET and
remarry. I had asked him why he sent them away without giving them a GET and he
told me “because there was no biah.” I asked him how he knew there was no biah
as biah acquires in ways that there are no tears. He had no answer. But the
amazing thing in my discussion with him was that he did not know what every
person who studies the gemora or Shulchan Aruch knows, that a woman is acquired
in marriage without biah, either through a ring or something of value, or a
document (shtar). (Shulchan Aruch Kiddushin 26:4) And this ignoramus is
considered the major authority of the RCA.
I once had
somebody ask Rabbi Herschel Schachter of YU for his source to force husbands to
divorce with public humiliation. He replied, “Rabbi Gedaliah Schwartz”. Can we
rely on Gittin from such “rabbis”?