Thoughts on the Beth Din of Rav
Dovid Feinstein re: RSK and RNG
By Rabbi Dovid E. Eidensohn
When I first heard of
the Beth Din of Rav Dovid Feinstein, I was fearful and negative, for the simple
reason that I felt he was doing mission impossible, to satisfy Rabbis Shmuel
Kaminetsky and Noto Greenblatt, and the halacha. As I understand it, Rabbi
Shmuel Kaminetsky asked for this Beth Din. Now, he asked for this Beth Din to
save his reputation which is now in tatters because great rabbonim in Israel,
America and Canada have clearly written that Tamar has no right to remarry
without a GET and if she does she lives in sin and her children will be
mamzerim. If so, how can Rav Dovid make RSK and RNG happy unless he says what
they want to hear, that Tamar may remarry without a GET. And if Reb Dovid would
permit this, it would be a major catastrophe, not just for Torah, but for Reb
Dovid, because at this point, the whole world knows the darker side of Reb
Shmuel, and even Rav Dovid cannot put Humpty Dumpty back together again.
Susequently, I heard that somebody was working very hard to
improve things, and based upon that, I had more confidence and was willing to
give things a chance. Yesterday, I found out that nothing has changed, and that
the situation is dragging on now for two weeks, and nobody sees an end to this
for the above reason. As one very prominent person told me, Rav Dovid will
surely not permit Tamar to remarry without a GET, but if he phrases his
negative attitude in a manner that shows that RSK is still a Gadol, or if he
phrases it in a way that does not clearly indicate how bad it was and how
wicked it was, this will be a great problem. I spoke yesterday at length with
two major poskim, and both were very upset about the Beth Din and wished that
it would disappear.
As I understand, those in opposition to the Beth Din are
ready to start speaking out against it. I don’t know where all of this will end
up, and it may drag on and it may dissolve or it may succeed somehow. But what
exactly will happen nobody knows. I want to express here what I heard from
major poskim who have extensive experience with the world of pesak and Torah.
First of all, there is outrage that Reb Dovid did not
immediately order Tamar to separate from her boyfriend. Even if we hold that a woman who was told by
a Beth Din to remarry without a GET is not a sinner, because she followed the
established Beth Din, and is ONUS, like a forced woman, Tamar was not forced to
marry, and was clearly aware that the greatest rabbis opposed her remarrying
without a GET. A major rabbi in Philadelphia went to Israel and spoke to the
elder and Gaon Rav Nissim Karelitz about the case and was told that she may not
remarry without a GET. This major rabbi returned to Philadelphia and told Tamar
and her mother, but they were not interested. Now, the opinion that permits a
woman to remarry talks about a case where there was only one Beth Din and it
was the accepted Beth Din and it permitted the woman with no question. But when
a very senior Rov and his Beth Din forbid the woman to remarry, but somebody
comes along, without a Beth Din, and permits her, and she knows that the great
rabbi forbade it, she is not forced to remarry. And therefore, she is an
intentional sinner and surely was never “forced” to marry.
The fact that Rav Dovid has been sitting on this case for
two weeks whereby nothing has been done, and Tamar is living with her boyfriend
in very serious sin, is a great complaint against the Beth Din. On the other
hand, this Beth Din is not there to tell people that RSK and RNG erred in their
pesak. Everybody knows that all ready and many great rabbis have clearly stated
this. The Beth Din of Reb Dovid is to try, if it is at all possible, to make a
statement that RSK and RNG will accept to the extent that they will openly
admit that they were wrong. This would be a great achievement because these two
rabbis are very prominent and many women would accept their opinions if they do
not change their minds. This is the main benefit of this Beth Din.
The question though is, whether satisfying the two rabbis is
right. If as is widely assumed that they did some very bad things, how can they
be honored by Rav Dovid and his Beth Din after they encouraged a woman to
remarry without a GET, and have a child that will be a mamzer?
The great problem is the Agudah. If the Agudah is pressuring
Reb Dovid to go easy on Reb Shmuel, we don’t know what will happen. Therefore,
at this point, the reputations of RSK and RNG and the Agudah is at stake, and
nobody knows where the wind will blow. The great rabbis that I spoke to are
furious that Reb Dovid is silent on the issue of Tamar staying with her
boyfriend. They are also very upset that Rav Dovid may temper his criticism of
the Tamar heter to somehow hint that RSK and RBG are really prominent rabbis
and maybe what they said was not based on lies, etc. That would be a great
problem.
I have written this briefly, to present the situation. One
thing is for sure: If at this juncture, Rav Dovid will release a statement that
erases or even eases the evil done by these two rabbis, it will not be
accepted, other than in Agudas Israel, which is the only one who has a dog in
this fight because the Agudah treats Reb
Shmuel as a great gadol. And if Reb Dovid criticizes him it would besmirch the
Agudah. So it is unlikely that this episode will end quickly or in a way that
everyone will accept. It will probably just feed the fumes of another round of
ferocious criticism of the rabbis who permitted Tamar to remarry without a GET,
but this time, if Reb Dovid backs them, he will be the target, but whether he
is worried about those things I don’t know.