Profile Rabbi Dovid E. Eidensohn

Friday, January 11, 2019

The Laws of a Forced GET


GET MEUSA -  A Forced GET

By Rabbi Dovid E. Eidensohn

The Rambam[1] says: “And how do we know that these ten things are Torah rules, as it is said, ‘and it will be if she does not find favor in his eyes that he will write for her a document of divorce’…’if she will not find favor in his eyes’ this teaches us that he may only divorce  her if he does so willingly.’”

It would thus seem from the Rambam that any divorce given not from the will of the husband who wants the divorce but by the husband under pressure he does not want, is by Torah rules an invalid Get. If so, children born from such a Get are mamzerim diorayso.

See also Rashbo VII:414 “We not force a GET to divorce his wife. But if he wants to give a GET, let him give the GET. And if he does not wish to do this, let him not do it.”

But in recent years the fact that most people marry with Kiddushin, and the only way for the woman to leave the husband is if he gives her a GET willingly, makes problems. Some husbands refuse, perhaps because the children don’t want their parents to divorce. Some husbands are very hurt that their wives want to leave them, and may demand money. And of course, some husbands simply don’t want the wives to leave them, for a variety of reasons.

The Vilna Gaon quotes a gemora in Sanhedrin 21A that Kiddushin and Pilegesh are both permitted in marriage. Kiddushin requires a Kesubo and Kiddushin, with two kosher witnesses, and Pilegesh requires nothing. Two people can marry alone and the wife goes to the husband’s house. For as long as they live happily together, fine. If one of them wants to end the marriage, that is also fine. No penalties for anyone.

Today many rabbis and even rabbinical courts in America and Israel violate the Torah and force husbands to divorce their wives. If the wife remarries with a forced and invalid GET and has a child from her new husband, the child is a mamzer. Some even invent lies that the husband is mentally unable for marriage. These lies come from ‘rabbis’ who have Yeshivas and shulls, but their opinions are worthless, as I heard from my rebbe Rav Yosef Shalom Elyashev zt”l. Once a Beth Din pulls these kind of tricks, it is ruined as a Beth Din. Its divorces and similar things are not recognized.[2] Then the wife must go to a kosher Beth Din to get a kosher GET from her husband, given willingly by the husband.

In the beginning of the laws of Kiddushin marriage in Shulchan Aruch Even Hoezer, beginning of chapter 26, the Vilna Gaon, Ramban and Rambam say that Pilegesh is permitted to make marriage even without Kesubo and Kiddushin. Two people may alone have the wife come to the husband’s house. If they want to remain married, fine. If one of them wants to end the marriage, fine. If the wife begins to date other men, or become involved in Zenuse, that ends the marriage.

 But the great rabbis who enthusiastically support Pilegesh have a caveat. Two people can not just “shack up,” which is zenuse. They must appear before a prominent rabbi and have him approve of them becoming Pilegesh. The wife must commit to going to the Mikva. And since some Mikvas won’t accept a Pilegesh, the rabbi must vouch for them and have the Mikva accept the Pilegesh.

Furthermore, not every rabbi is designed to deal with Pilagshim. Ramban even writes to his rebbe who was a great tsadik and Chosid, not to deal with Pilagshim. Perhaps the Ramban felt that he could deal with Pilagshim, and be strong enough to ensure their proper behavior. But maybe his rebbe was not the person for this kind of control.

I studied intensively under the greatest European rabbis, Geonim Rabbi Aharon Kotler of Lakewood Yeshiva, Rabbi Yaacov Kaminetsky Rosh Yeshiva of Torah Vidaas, Rabbi Moshe Feinstein perhaps the leading posek in America, and the Klozenberger Dayan in Williamsburg Rav Fishel Hershkowitz.

If somebody wants to marry with Pilegesh let them contact me at 845-578-1917 or eidensohnd@gmail.com. They will have to appear before me and sign papers that they agree to obey what I instruct them. But if they do, they can tell me when, especially the wife, decides to break the marriage of Pilegesh. Then there or no fines or problems.

I feel that when the gemora in Sanhedrin 21A states clearly that Pilegesh marriage is permitted, and the Vilna Gaon, Ramban and Rambam agree, that it is fine with me. Now some disagree, but today, with the enormous number of people who are unable to get a willing GET from their husbands and then turn to ‘rabbis’ to permit them to do the wrong things and make mamzerim, it is time to recognize that in Pilegesh people come and go without making mamzerim. But again, a senior rabbi is required to guide them.







[1] Noshim Gerushin 1:2 Laws of Divorce in Mishneh Torah chapter one paragraph 2
[2] There is an entire book written by the greatest Israeli and American rabbis, Rosh Yeshivas and Poskim, Mishpitei Yisroel, given out free of charge, to stem the enormous flow of mamzerim created by women forcing GETS from their husbands and those who go to secular courts for a ruling that the husband must give a GET. There are even countries and states in US today that cooperate with this mamzer making. And things will be worse tomorrow.

Destruction and Hope for Jews


Destruction and Hope

Dovid Eidensohn

Today, the Tenth of Teves, begins the end of Jewish dominance in Jerusalem and Israel. It begins a decline described terribly in the Mishneh Sota 49A and B, which concludes with the terror of the Ikviseh DiMeshicha, the period just prior to the coming of Moshiach, when family and society just fall into the abyss. Then comes Moshiach, described by Rambam in the end of Mishneh Torah in Melochim, as a period of great glory and rejoicing and the shining light of heaven on earth.

The Chazon of Brisk once came to the Rov of Brisk, Reb Chaim Brisker, and, as he was wont to do, said something clever. “When King David arrives with Moshiach, I intend to live next door.” Reb Chaim replied, “When Moshiach arrives, a Jew will not find an available hole in the ground.” This means that today, with all of our travail, when we continue to serve HaShem, we achieve constant reward. Our suffering and success in Torah is recorded in heaven for us to benefit in the Coming World. But when Moshiach comes, the doors are closed. Then everything is revealed and nothing hidden, other than the earlier opportunities to achieve  rewards from heaven for serving HaShem with the difficulties Jews knew. In that sense, when we arrive in Messianic times, it will be a time of great happiness but great fear because we now know that the rewards we once accrued are now blocked. But those who lived their difficult lives with true faith in HaShem will have much less fear and need to find a hole somewhere in the ground than those who spent their lives with less devotion to heaven and the future world.

Avrohom Avinu was thrown into a fiery furnace for refusing to worship idols. HaShem saved him by sending an angel  in the flames. Yitschok knew that HaShem had been commanded to kill him and part of his soul flew away at the terror, but he lived longer than his father or his son Yaacov. Yaacov did not have the flames of Avrohom or the knife of Yitschok, but he suffered terribly from the early death of his beloved wife Rochel, his fear of Aisov who wanted to kill him, and his agony at the loss for many years of his beloved son Yosef. He was blessed with twelve righteous sons who were the founders of the Jewish people, but his suffering marked him and he died much before his father and grandfather.

Avrohom had Yitschok, and Yitschok had Yaacov, who were full Jews. The Torah, however, was not given until Sinai, although earlier Jews knew its laws to some degree and obeyed some of them. But from the early Avose, HaShem commanded the Jews to prepare for living, even in Israel, as strangers. Avrohom and Yitschok lived in Israel under the influence of Palestine kings who honored them. After his marriage Yaacov returned to Israel. There his daughter Dina was captured by Shechem and humiliated. In revenge, her brothers Shimon and Levi wiped out the family and community of Shechem. Then the nations of Palestine united to destroy the Jews.  HaShem appeared to Yaacov and promised him divine protection; and the angry nations did not attack Yaacov.

HaShem decreed that the early Jews would be strangers in their land for four hundred years. Some of these years were in Egypt when Yoseph was the ruler of the land under Pharoah. Pharoah had a dream that nobody could explain. Then Yosef predicted to Pharoah that there would be seven years of plenty and seven years of hunger. The time came for the Jews to leave Egypt and return to Israel. HaShem made a mighty miracle that the Jews escaped from Egypt and came to the Sinai desert. When the Egyptian army pursued them to bring them back to Egypt, HaShem destroyed the Egyptian army. At Mt. Sinai, HaShem spoke to the assembled Jews the beginning of the Ten Commandments.  But, even as Moshe was afterwards in heaven studying Torah from HaShem, the remaining Jews worshipped the Golden Calf and HaShem and Moshe became very angry.

From then on HaShem had times to be proud of Jews and times to be bitter at Jews. The book of Yechezkel the Prophet is filled with the bitterness HaShem expresses over the sins of the Jews. The reality is that HaShem sent many prophets to warn the Jews to repent, but very often they did not. There were good times and bad times. There were 410 years when Jews were in Israel and the Temple of Solomon was built. Then it was destroyed with the prophecy that in seventy years it would be restored. This took place in the time of the Persian king who liked Jews, told them they could leave Persia and live in Israel, and even gave them money to support building there. This was around the time of the Persian king of Mordechai and Esther, both of whom were prophets.

When Haman, the senior officer of Persia after the king, appeared in public wearing an idol, Mordechai insulted him. The Jews were terrified that Haman would destroy all of the Jews. But Mordechai trusted in HaShem and had no fear. Haman then went to the king to demand the death of Mordechai. He probably did not know that Mordechai had saved the life of the king from those who wanted to kill him. The king asked Haman, “If I have somebody I appreciate, how do I honor him?” Haman assumed, “Who does the king want to honor other than me?” He gave the king a glowing project of honoring that person. The king then said, “Do that to Mordechai the Jew.” When Haman began to argue, the King ordered him, “Do what you just said to Mordechai the Jew.” And he did it.

Mordechai did not fear Haman because Mordechai was a perfect tsadik, who has no fear of the wicked. The Jews, however, trembled at Haman and were terrified that Mordechai had insulted him. But the king told Haman to honor Mordechai.  Eventually, the king had Haman hung on a huge tree on his estate, and replaced him with Mordechai. Mordechai became the new assistant ruler of Persia under the king. Thus HaShem protects the perfectly pious and destroys those who oppose them.








Chanukah and Purim two joyous holidays


Chanukah and Purim

Dovid Eidensohn

We are now in the fifth day of Chanukah, the eight-day festival of lights. Chanukah commemorates the conquest by the religious Jews in Israel of the Greeks who tormented Israel and polluted the Holy Temple in the Second Temple Period.

Interestingly enough, Chanukah, which comes out this year from December 3-10, and is a holiday of great happiness and festivity, comes not long before another holiday, which, as would be appropriate, is also a holiday of great happiness and festivity, Purim,

Purim falls this year on Thursday, March 21, 2019. Both Chanukah and Purim are holidays of great happiness and festivity, but it would seem that Purim may be the senior member of the two. We can infer this possibly from the holy day of Yom Kippur, the Day of Fasting and Prayer that takes place ten days after Rosh HaShana.

The Holy Day of Yom Kippur is actually Yom KiPurim, meaning in Hebrew, “The Day similar to Purim.” This means probably that Yom Kippur, with all of its mighty holiness and prayer, is actually not as great a holiday as Purim. This is especially notable because Purim and Chanukah are both rabbinical holidays not Torah holidays. If Yom Kippur, or Yom KiPurim, is surely a very holy Torah day of prayer and penitence, it would seem very strange that it only compares somehow but in an inferior manner to a holiday which is not a Torah holiday but a rabbinical one. Indeed, Chanukah and Purim, although they come about only a few months apart, are essentially of rabbinical not Torah status. How then can the name Yom KiPurim, meaning, a “Day like Purim” describes such a holy and mighty day as Yom Kippur, perhaps the holiest day of the year?

The question becomes deeper when we examine what is done to celebrate Purim. On Chanukah we find families visiting each other and exchanging fine foods and gifts. It is a very spiritual but happy time. But Purim is a time known by many people of a time to do a great amount of drinking liquor so that many people just pass out on the floor. This is surely a weird way to honor a holiday that seems to outrank Yom KiPurim!

One way to understand this is a story I heard about a Monsey Jew who would empty many full checkbooks on Purim for the large amount of people who would come to his home on Purim. So, maybe people drink and eat a lot on Purim and really enjoy the day, but their pockets are emptied to perform kindness, perhaps the greatest of the good deeds. Yes, Yom KiPurim is a holy day of crying and penitence, of remembering sins and resolving to do better next time, and that is surely a wonderful time when an entire nation raps upon the doors of heaven with sincere suffering for their various sins. But something perhaps higher than all of this is when people deal directly with HaShem thanking Him for the great kindness He bestows upon them, and their families, and His gift of His Holy Torah to them. It is a time when all Jews, on Purim, realize the Kindness of Heaven, in their lives, in their families, and think deeply into what it means to thank HaShem for this wonderful kindness, a kindness which brings them to respond with kindness to those who need their money and their smiles and their love.


Bo-Voayro - Important Comments


Bo-Voayro – Important Comments

Dovid Eidensohn

I want to thank profusely RAS who encouraged me to write each week teachings on the Sedra of two pages each, which I have done this week with several English and Hebrew publications. Today I add to this comments, which I feel are crucial for the salvation of the Torah community and all moral people.

The issue is that we know that there have always been people moral and weak on morality, even among Torah Jews. Recently, in America, a very strong movement of liberals and even morally weak Orthodox Jews, have moved forward to utterly change the stands of morality in America. This will affect not only America, but Israel, which is strongly influenced by America, and other countries in the world, heaven forfend.

Specifically, we know that the Torah and the poskim clearly forbid marital relations between two men or two women. We surely forbid the changing of a child or adult from being a man to become a woman or vice versa. But today strong segments of society are trumpeting the opposite, and great public scandals, even with Orthodox people, have erupted. Few people are fighting this, even few Orthodox Jews.

Many years ago, the two Kashaveh rebbes instructed me to run for County Executive, with the condition that I lose. I accepted from the Rov Reb Lazer Chaim Blum who just passed away a blessing that I succeed, something which was impossible biderech hateva, because the community only wanted to listen to the Republican and Democratic candidate, and not somebody like me with no prominent party backing my candidacy. But incredibly, the great rabbi’s berocho succeeded. The Rockland newspaper the Journal News published my picture on the front page under the blazing title, “Rabbi Attacks the Gay Lobby.” The paper continued to describe my success in interesting people attending this and other meetings for county executive and said, “Eidensohn stole the show,” which was pure miracle.

Since my purpose there was to defeat the Democrat and get the Republican elected, the Democrat finally turned to me and asked why I attack him. I kissed him. People went wild. The newspaper began to constantly call me up for my opinions on various matters. I even submitted a solution to a difficult traffic problem, and until this day, years later, people remember it.

As I mentioned above, my son-in-law urged me a few weeks ago to start writing two pages a week on the Sedra in English and in Hebrew. Last week I put out four publications, and people didn’t stop praising them. My children in Israel got my material and they liked it also. I then realized that it was now time to reconsider what the Kashever rabbis had instructed me, to fight toeivo, and I began seeking ways to do that. I actually began this a few weeks ago immediately after the petira of Kasheveh Rov Reb Lazer Chaim Blum zt”l. I even brought the above newspaper article to show people in the Kashever shull in Monsey and they were impressed, especially as all of this came from the Kashever Rabbonim.

For a few weeks I received from various people ideas how to connect to the large elements of people who could do something in America, but nothing solid emerged, although I did speak to a few people who on their own were fighting. Then somebody told me that the key to get strong support throughout America and indeed the world was one organization, Brian Camenker’s international group out of Massachusetts, massresistance.org. They succeed in forcing prominent politicians to drop new bills that would destroy morality. I contacted them and yesterday received a call from a very senior member of the organization. I mailed him some material from the few people I knew who were working on these matters, and he wrote everything down. He then left me some instructions. I realized that Brian’s people will fight and win, and I was swimming in happiness.

In recent articles about Shema and the story of going out of Egypt, I made it clear the Rambam’s teaching in Mishneh Torah that Shema is about loving and fearing HaShem, and strengthening our belief that HaShem creates everything and sustains everything and all of us. When our very ability to be moral is threatened, that surely is a time to remember the Shema and to react, and to fight, and to win.

At this point, I want to talk about the growing problems of immorality, even among Torah Jews. I want to talk about even senior rabbis who sell out for the money and respect they get from certain politicians and fiscal sources.

 We had a case in Monsey a few years ago, that a woman who was known as a ferocious toeiva ran in Rockand to become a judge and she won. I remember the day of the election that the telephones were ringing off of the hook saying “all of the rabbis in Monsey command you to vote for her,” and they did. I called up the person who called about this and asked how we may vote for a woman who is a ferocious toeiva and a leader of war against the Torah. They replied, “All of that is a complete lie. She is married and has children and is not immoral.” All of that is a complete lie, created by senior rabbis in Monsey.

I resolved then to do something about this. First I called up rabbis who were upset with her candidacy, and they assured me that they were writing a letter to attack her, but they never did. Finally, I wrote a letter myself. In the letter I quoted the Gaon Reb Elchonon Wasserman the senior Talmid of the Chofetz Chaim, in the name of the Rambam, that when people sin with a sin which is not of the most serious variety, but is yet an idea which can obtain  support from the community, that the people who promote this are chayav miso. I wrote up two pages and went to the senior Rov in Monsey, Rabbi Moshe Green shlito. He was expelled from the meeting of senior rabbis because they were careful to make their meeting in the house of somebody who would not want Rabbi Green in his house. Rabbi Green read my two pages and said, “Hang it up in my shull” which I did. Later I went to a prominent Monsey Jew who had also opposed the Toeiva lady and he was not satisfied with my letter. I asked him why not. He said, “One person in Monsey protests such a disgrace?” They had slashed his tires. And one person protested encouraged by one Rov.

I am almost eighty years old. From the age of twelve I lived in Washington, DC and attended public school and went to Yeshiva Or Torah DiBrisk in the afternoon and weekends. In those days there was no Torah in America. Children went to public school and had no Yeshivas to attend. Or Torah DiBrisk was founded by the Malin brothers who descended from generations of the greatest Dayanim in Europe. But then there was no longer any Brisk, it was destroyed by the Germans. It continued in Washington, DC.

A week before the Six Day War the entire Malin families, of two brothers and their families, flew to Israel. Everyone feared that the Arabs might win the war, but the Malin brothers were old school. They trusted in HaShem. They landed in a country which in about a week greatly expanded its border with a mighty miracle. HaShem was active. The government came to the Malin brothers. “We see you have taken buildings from the Arabs who were instructed to flee the country, because they wanted to slaughter every person in Israel. Now we control the country, but the Arabs may demand their houses back. We therefore instruct you: If you have the money to support the large buildings you took, fine. If not, you will have to return it to the Arabs.” And so it was. Today their Yeshiva, run by their children, is one of the largest Yeshivas and Kollels in the world. Trusting in HaShem is real. That is what I learned from my rebbes, from the youngest age.

I later learned this from the Gaon Reb Aharon Kotler when three rabbis came to him with a book they were upset with. Reb Aharon exploded for ten minutes. I went over and looked at the book they had brought, and was stunned that Reb Aharon would fight so much when all he had to do was to have somebody call the person who produced this book and stop it. I also learned from other great rabbonim that I studied with intensively, the Gaon Reb Moshe Feinstein zt”l  and others who decreed that all Jews must fight Toeivo.

Today there is a new form of evil, transgender. A young boy decides he wants to be a girl. His parents take him to a doctor, the doctor for whatever reason, removes the boy’s organs and makes him into a girl. Years later, many boys change their minds and want to be boys again. But it is too late. Forty percent of these boys commit suicide. What are we doing about these problems? Should we shrug and ignore them?

What about those, even religious Jews, who talk to children and convince them to become immoral? Should we ignore them as well?

And when we come to the other world, what will HaShem and the malochim have to say to us? Those who fought tooth and nail for kedusho will sit before HaShem with great glory. The Malachim will cry bitterly outside of the divine chamber because angels have no problem with evil and don’t get reward for doing nothing against evil. But those in heaven, those who fought and the malachim, if they listen carefully, will hear horrifying screaming from people who had better things to do than to save the children and were now roasting in a very hot place.

Now is the time to decide.

Brian Camenker and his massresistance.org group have shown us the way to win. What about you?

Give me a call and find out more and maybe save somebody’s life.

Remember, all of us end up going to the higher world. Some of us are sent to the inner chambers of HaShem, for fighting Toeivo, and some will be heard shrieking from the furnace downstairs.

Now is the time to decide.

My phone number is 845-578-1917.






A Poem for Albany


Heaven and Governor Cuomo

David Eidensohn

Distinguished members of the Albany, NY government, I, David Eidensohn, from Monsey, NY, have come to you today with others from Monsey and various parts of the country, to plead on behalf of the women and children you are destroying. I have released many of my poems that won international and national prizes. And I have one for you, those who make war on the biblical values so crucial to so many Americans and pious people throughout the world. Let me begin.

I am a woman who values modesty and happy children.

And now that Governor Cuomo and his messengers have made a campaign to free men who pretend they are women to enter the bathrooms of women and terrify them, the screams of women have replaced the modesty and happiness we once took for granted.

Times have changed. But I have not. And I won’t change. And those of us who believe that G‑d will one day judge Governor Cuomo and his minyans, and protect the tortured women and the transgendered children, will assemble near the holy Throne of G-d’s Glory and bask in the light of heaven and the angels.

And from afar, we will hear the hideous shrieking of those in the furnace, who pillaged and destroyed women and children, and ruined many men.

The Talmud predicted this. “Prior to the coming of the Messiah, great evil will befall the world. The deniers will gain power. Families will splinter. And we have nothing to rely upon other than our Father in Heaven.”

And the great rabbis have assured us that Heaven created the world and the all, and will guide it through its darkness and evil times to a better time and a better world. The ultimate redemption is a world of kindness and all people worshipping G‑d.

Pharoah in Egypt once said, “Who is G‑d?” but eventually, he had enough, and joined the Jews singing songs of praise to G‑d for rescuing Israel from the Egyptian army. People can change, and heaven wants them to change.

But the clock is ticking, and the screaming women and the children accepting suicide are blots upon humankind.

I conclude by urging the distinguished members of the Albany, NY government, to respect the millions of Americans who are joining with the very powerful and growing organization of Brian Camenker entitled Massachussets resistance, an international organization of various religions dedicated to decency and to battle the forces of violating the modesty of women and the lives of children who were castrated to become a different gender and then committed suicide. The organization’s website is massresistance.org.

As we approach the end of days, the world goes through new and exciting phases. For years Darwinists proclaimed the end of the belief in heaven, but today the modern scientists, biologists such as Dr. Steven Meyer, are proving with many books and lectures that there is a G‑d and He controls the world from the highest heavens to the tiniest living creature. These scientists are in the month of January 2019 featuring a very fancy series of meetings with scientists and prominent people in Israel. They have a careful program of going all over Israel to meet all kinds of people, and to hear the scientists and scholars proclaim the greatness of a science with heaven.

This will be such a relief to many women and children and to all people.

This question is how many people will get on the train before it is too late.

If anyone wants to ask me questions that is fine. Or someone may call me at my home at 845-578-1917 or eidensohnd@gmail.com.

I would greatly appreciate the honor of discussing these matters with the distinguished officers of the Albany, NY government.

Shalom,

David Eidensohn

Are you A Man who is really a Frog without Legs?


Are You a Man who is really a Frog without Legs?

Rabbi David E. Eidensohn



Years ago, men would come to my house and complain bitterly about their wives and their suffering. I sat silently until they concluded, and then I would say, “You are a frog without legs.” They were shocked and had no idea what I meant.

A friend of mine succeeded brilliantly until he achieved a prominent position as a teacher with many students. But then, on his own, he just quit. His wife was fed up by this and other unexplained moves, and he was evicted from the house. He slept in the car. The savage suffering of a very successful person who is expelled from his house and his family and sleeps in a car with no prospects of returning to his earlier success, is shocking. How many “frogs without legs” are there out there, sleeping in cars, wondering what happened, and not understanding. And these people may come to people like me who can do nothing for them, other than to tell them the truth. They made the mess. They are “frogs without legs.”

When the “frog without legs” is ready at my house, to hear more, I continue. From the age of twelve, living in Washington, DC about sixty years ago, a city extremely limited in Torah Jews, I merited with the kindness of HaShem to study in Yeshivas under the leadership of the greatest scholars of Europe. In Washington for three years I studied under the Malin brothers, from the family that produced the greatest leaders of the community of Brisk. Eventually, they, on the eve of the six day war, took their entire families to Israel, with no fear of what everyone else was afraid of, that Israel would be destroyed by the assembled mass of Arab armies, trained by the British to the teeth. They landed safely even as the senior leaders of Israel were fleeing in terror from what so many people feared was a terrible Arab success and the slaughter of the Jewish community of Israel.

The Malin brothers noted that the Israeli army had conquered large sections of Jerusalem that were always Arab communities and cities. The government told them, “Build what you want there, but do it quickly. Very soon, any vacant land will be possessed by the government before the UN enters the picture to give everything back to the Arabs.” The Malin brothers built some large Yeshivas and buildings, which eventually became one of the greatest and largest Yeshivas in Israel. The children of the Malin brothers ran these institutions as the new and younger Rosh Yeshivas.

My experience in Washington was to see how people from Europe came to America and behaved exactly as if they were still in Europe, with  absolutely no fear of the great antipathy in America for Torah Jews. When they realized that they were out of place in Washington and it was time to move to Israel, they turned their Yeshiva over to American students of Ner Israel Yeshiva of Baltimore, who could better deal with the large American student body in Washington, and the Malins set up shop in Israel.

I then moved to Baltimore to study for three years under the Gaon Rav Yaacov Bobrowsky, a senior disciple of the Gaon Rav Baruch Ber, a major Rosh Yeshiva. Reb Yaacov Bobrowsky was one of the greatest American Rosh Yeshvas, who taught American who came to Europe Torah at the highest level. From there, at the age of seventeen, I went to learn in Lakewood, under the Gaon Rav Aharon Kotler.

I pestered Reb Aharon using pure chutspah, and eventually, he became warm and spoke to me very frequently. I chased him to the Beth HaMedrash, to the Dining Room, and finally, to the small room where he ate his supper amid some peace of min in a hectic day. I learned most from him in that small room, when three rabbis came charging into it full of fire and Reb Aharon rose to great them, and for ten minutes, the four spoke a rapid Yiddish that was beyond me, and were absolutely furious about something. I noticed that they had put a book in the table, and I went over and read it, and was stunned. For this Reb Aharon is making war? I turned and left, and resolved, that I too would become a warrier, and fight the wars for HaShem.

Years later, I lived in Monsey NY with my family. The Gaon Rav Yaacov Kaminetsky moved there in his old age, and became a magnet for thousands of people who processed his incredible wisdom in dealing with all kinds of people. He was known by the great rabbis of the world as the leading man of wisdom and cleverness in the world. In seconds he could see complete strangers and figure out exactly what advice to give them, somehow figuring out things rapidly that nobody else could figure out.

I began with him a habit I began with Reb Moshe Feinstein, also in Monsey, when he would frequently visit the Tendler family where his daughter lived. Reb Moshe would doven often across the street in the shull that I taught in, and I would go to Reb Moshe with questions. The rule was, only ask questions that never would I be able to rule on alone without Reb Moshe.

I also asked these kind of questions from Reb Yaacov. Reb Moshe paskened from Shulchan Aruch and poskim and his mighty Torah understanding, but Reb Yaacov ventured into new areas where he could go anywhere and explain everything. While in Slobodka somebody visited who had studied under the Gaon Rav Chaim Brisker the Rov of Brisk, and then under Albert Einstein to help him design the Theory of Relativity. He asked the Rosh Yeshiva if he had somebody who knew science. The Rosh Yeshiva suggested that he speak to Reb Yaacov Kaminetsky. The two conversed and then other students came to listen to their discussion. One of them asked, “Who was smarter, Reb Chaim or Einstein?: He answered, Reb Chaim could explain better but Einstein was an incomparable genius.” Reb Yaacov interjected, “How old were you when you learned under Reb Chaim, and how old were you when you worked with Einstein?” He answered, “Eighteen years of age for Reb Chaim and 45 years old for Einstein.” Reb Yaacov then said, “From eighteen to forty five you surely grew much wiser, so why do you assume that Einstein was so much smarter than Reb Chaim, when you were much too young to understand Reb Chaim?”

Later that Orthodox scientist went over to the Slovodka Rosh Yeshiva and said, “I was impressed with Reb Yaacov’s command of physics, and his extremely quick ability to snap out a response.”

There were two of the greatest rabbis of Europe then who specialized in learning non-Torah subjects to broaden their knowledge in secular matters. Reb Yaacov was one as we explained, and Reb Elchonon Wasserman, the biggest disciple of the Chofets Chaim, was another. Reb Yaacov once became a Rov in a small community that had no Rov. When he discovered this, he stayed up the entire night and mastered a large book on medical law. This fact came back to Slovoka Yeshiva and people were stunned.

When Reb Yaacov came to Monsey I was one of the people who bothered him constantly with questions. I once asked him if politicians and public personalities are some anti-Semites who believe strongly in morality, and others are Jews who are quite lenient with morality, who does one vote for? He replied we must vote for the anti-Semite. In recent times the anti-biblical block in America is getting vicious and dynamic, and few people fight with them. According to Reb Yaacov and a published letter from Reb Moshe Feinstein produced by Rav Yehuda Levin and other Torah fighters and personalities, a Jew is obligated to fight strongly at City Hall against any effort to permit gay rights. Toeiva must be stopped and the world must be moral.

Obama and Harvard, men and women.





Men must organize. Reb Yaacov Kaminetsky was the genius of the generation, the sage of knowing human behavior, and a great Torah scholar. I would often talk to him, as it was my habit to pester the great rabbis of Europe, Reb Aharon Kotler, Reb Moshe Feinstein, Rav Yaacov Kaminetsky, Rav Yosef Shalom Elyashev, Rav Fishel Hershkowitz, and Rav Shmuel HaLavi Wosner, among others. I soon realized that what I could learn from these greats I could not figure out on my own, from any book. I was alone, and they were my sole hope. I knew it, and they sensed it, and responded. Some of the haskomose I received from them on my books, etc., were, I believe, unique in the world.

Reb Moshe and Reb Yaacov both gave me, in writing, incredible compliments, to establish me as a posek in complex Torah issues. Rav Yosef Shalom Elyashev, at my suggestion, added that I can run my Beth Din using his name, something he never did for anyone else to my knowledge.






By Rabbi Dovid E. Eidensohn




Contents









Kiddushin and Pilegesh




It is known that in the life of a Torah child and family, the greatest happiness is often the marriage of a child, especially a woman, who comes to the wedding with exquisite gowns and jewelry. It is appropriate for a woman to feel special about the marriage day. The gemora and the poskim tell us that a man must love his wife as he loves himself and honor her more than himself.[1] A good marriage is about a husband constantly thinking of ways to honor his wife more than himself. The Torah tells us that a man upon marriage should “make his wife rejoice.” Rashi and the Zohar[2] note that the command is not for the husband to rejoice in marriage “with the wife” but to “make her rejoice” meaning, if it is hard for the husband to give all to make his wife happy, he is doing things properly.  But if he goes about his marriage as a partnership, and he is only willing to go so far in his kindness to his wife as she goes for him, that is wrong, and the marriage is not going in the right direction.[3]

Thus, marriage, at least the beginning of marriage, is ideally an opportunity for the wife to be the center of attention, and the husband is careful to make her happy even if it is hard for him. We have come so far talking about the beginning of the marriage, the first day or so, and of course the first year is also special, and hopefully, afterwards as well. If things go well the first day and the first year, and the husband really trains himself to please his wife, and she reciprocates his love for her, that is a winning combination. But the reality is, especially today, that marriages are not always as smooth and lovely as we wish. In fact, the topic of our discussion here is about when things go wrong, and the marriage does not work out well. We are even discussing here what happens when the wife is fed up with her husband, and yes, sometimes she wants a divorce. But according to the Torah, the man has the power to control giving the GET, or ending the marriage. If he does not give his wife a GET willingly, she is not free of him.

If she finds some rabbi who encourages her to get people to pressure the husband to give her a GET against his will, that GET is invalid. If she remarries with it, an invalid GET, and has children from the next husband, there is a problem of the children born from an invalid GET to be mamzerim. But to stay married to someone she cannot stand is also terrible. Thus, the situation with Kiddushin can begin in a lovely matter, but it can end terribly. What is a woman to do?

Let us be honest. Kiddushin is a problem for women, and it could be a problem even for men, although we are emphasizing now about the problems for women. We know that the majority of Orthodox women marry with Kiddushin, maybe nearly all of them. But what happens when the marriage sours? Rather, is there any way to avoid the crisis of a woman desperate to leave her husband when he is not interested in her leaving? One idea is for the husband to promise to divorce her at a certain time, but he could change his mind, and there is nothing she can do about it. She could refuse to marry at all, but what kind of life is that? It is even a sin to refuse to marry, because people have biological forces that cause sins in one not married. No, the truth is, that Kiddushin is a major problem, with all of its glitter and glory. Increasingly, people find the worst problems from Kiddushin.

There is, however, a solution. But like many solutions, you have to think slowly and carefully into this solution. It may be for you and it may have problems. The solution is to marry without Kiddushin that gives the man the power to control the marriage and the wife’s happiness, and to marry with something known as Pilegesh. Pilegesh is a marriage discussed in the gemora Sanhedrin 21A and the Shulchan Aruch in the beginning of the laws of Kiddushin. The Ramban enthusiastically embraces Pilegesh, and says that the Rambam also accepts it, as long as the couple marries in a serious manner, that is, not as zenuse. A couple committed to marriage, even one without Kiddushin, but as Pilegesh, are married in a kosher matter. It is not only kosher, but it saves the problems of Kiddushin, because the husband and wife, if they see the marriage as a problem, can simply end it, with no penalties at all.

I know some women who married as Pilegesh and they were happy with it. Some had big problems with Kiddushin and were advised that the next marriage should be Pilegesh, and they were very happy with Pilegesh.

And yet, there is definitely a negative feeling in marrying with Pilegesh, at least, in some people. What I say to these people is to understand that if there is a Kiddushin marriage and it fails, and the woman goes to a rabbi who violates the Torah and forces the husband to divorce her, her next children will be mamzerim. Now, can Pilegesh be worse than mamzerim? No. That usually convinces people, but not all people.

I have actually dealt with people who feel that better mamzeruth than Pilegesh. Well, the children born from the Kiddushin marriage that produces mamzerim will not agree, not after they become mamzerim. So how can anyone believe that Pilegesh is worse than mamzeruth? Again, Pilegesh marriage, assuming it is a true marriage and not zenuse, is a completely valid thing, backed by gedolei hadorose, such as Ramban and even Rambam if there is no zenuse but a real marriage. Pilegesh is discussed in the very beginning of the Laws of Kiddushin in the Shulchan Aruch. The Vilna Gaon there quotes the gemora in Sanhedrin 21A that Pilegesh is without Kiddushin and without Kesubo, but it is viable, again, as long as it is a real marriage.

I know people who had problems with Kiddushin, men and women, and who are interested in Pilegesh. But it is a new thing and few people do it today, so that itself is a problem for many people. I understand that. What I don’t understand is the people who tell me strongly that Pilegesh is worse than mamzeruth. What world do they live in? Pilegesh is not a sin and mamzeruth is a sin and the worst pain for a child and for the parents. Who can say such a thing that Pilegesh is worse than mamzeruth? But I repeat that somebody who thinks carefully, will realize that making mamzerim from your children is much worse than marrying with Pilegesh.

I also maintain that a woman who marries with Kiddushin, must realize the danger she is in. Perhaps the husband will not be what she wants, and there is no escape other than the death of the husband. Of course, she could find a “rabbi” who tells her to disobey the Torah and force the husband to divorce her. But if she does that, children born from her second marriage will be likely mamzerim.

We have thus concluded the first section of our discussion of Pilegesh. The next section will be about the laws of Pilegesh and how to arrange a Pilegesh marriage in practical terms.



Pilegesh in Halacha




 We begin with the gemora in Sanhedrin 21A quoted by the Vilna Gaon in his commentary to the beginning of the Laws of Kiddushin in Shulchan Aruch Even Hoezer. A Pilegesh has no Kiddushin and no Kesubo. What then are the laws of Pilegesh?

A major source to permit Pilegesh is from the Ramban. The Ramban is found in the volume of the Teshuvose of the Rashbo entitled “Responsa of the Rashbo that seem to be from the Ramban.” Let us explain what this means. The Rashbo has many volumes as he was one of the greatest codifiers and poskim. One of those volumes is known as Meyucheses meaning, it is included as a volume written by the Rashbo, but actually, it is from the Ramban. Let us explain this a bit. The volume called Meyucheses is classified as being from the Rashbo, but at least two teshuvose are clearly not from the Rashbo but from the Ramban. These are responsas number 283 and 284. Both of these teshuvose are clearly marked as being not from the Rashbo but from the Ramban. Many other teshuvose in this volume are not marked as being from the Ramban, and they are generally included with the other responsas of the Rashbo, although at least two of the Teshuvose ascribed to the Rashbo are definitely from the Ramban and not the Rashbo, as stated before. Again, the other of the 288 teshuvose in this volume are not clearly marked as being from the Ramban, which would seemingly indicate that they are not from the Ramban, but from somebody else, maybe the Rashbo. But the two responses that are clearly marked as being from the Ramban, these two are surely from the Ramban. Responsa 284 is about Pilegesh. Let us see what the Ramban says about Pilegesh.

It is a long teshuva but let us take a few passages that clarify exactly what Pilegesh means and what Kiddushin means. It seems that Kiddushin means that the woman the husband marries with kiddushin becomes his wife, as if he has acquired her. The Pilegesh does not have this aspect, and she is not acquired by the husband. Thus, in Kiddushin, since the wife is acquired by the husband through the Kiddushin, she may not leave him without his permission, such as when he gives her a GET or dies. Pilegesh, on the other hand, does not confer upon the husband the right to claim that the woman is acquired by him. She can therefore leave whenever she wants, as can the husband.

The second law the Ramban discusses about Kiddushin and Pilegesh is that in Kiddushin the woman who is sanctified by the Kiddushin becomes forbidden to everyone other than her husband. The Pilegesh is not forbidden to everyone other than the husband as the Kiddushin woman is forbidden. That is, if a woman is married with Kiddushin and has relations with a strange man, she is forbidden to return to her husband, and she is forbidden to be ever again with the strange man she slept with. The Ramban says that Pilegesh does not have this rule, but he does not state clearly what this means. Does it mean that she can sleep with her husband and other men? It surely doesn’t mean that, because this is not marriage but the opposite. What I understand from this is that in Kiddushin the husband acquires her which means that no man other than the husband is ever allowed to sleep with the wife of the husband who made Kiddushin to acquire her. A Pilegesh does not have this acquiring in the sense that the husband acquires her and has power over her to forbid her to be with other men. Now a Pilegesh surely is forbidden to go with men not her husband. But it is not because the husband acquires her as he acquires a Kiddushin wife. It is rather because a Pilegesh must be careful not to turn her relationship with the husband into Zenuse, or prostitution. If the wife of the Pilegesh husband goes around sleeping with other men she has violated the sanctity of marriage for Pilegesh, and Rambam would consider her a sinner because she acted with zenuse.

The third level discussed by Ramban is that Pilegesh is not Mekudesh [sanctified with Kiddushin] as is the woman who is sanctified with Kiddushin. Again, it is not clear what this means. Possibly, it means that a woman who accepts Kiddushin is somewhat sanctified by it, but Pilegesh has no sanctity similar to Kiddushin. She and he her husband must honor their marriage and not run around with zenuse, but she has no sanctity bordering on Kiddushin.  What we gain from this is that a woman with Kiddushin must deal with her elevated status of holiness not to leave the husband without his permission, etc., but the Pilegesh has no such elevated status that forces the Pilegesh to be acquired by the husband, etc., as mentioned above. Despite this, the Pilegesh woman is obligated to honor marriage with one husband, otherwise she sins with zenuse and the husband must drive her from the house as we see later.

The Ramban then says that even though the Rambam in the Laws of Kings says that Pilegesh is permitted only to a king, the Ramban says this means that if one takes a woman as zenuse without marrying her, that is forbidden for somebody who is not a king, but one who takes a Pilegesh to marry her, Rambam agrees that a Pilegesh is permitted. Possibly a king who marries a Pilegesh does not fear that she will commit zenuse, because once the king takes her as a Pilegesh and surely if he has relations with her, nobody will go near here for zenuse, nor will anyone violate her marriage with the king out of fear of the king.

Another major backer of Pilegesh is Rav Yaacov Emden, son of the Chacham Tsvi. See his Teshuva sefer Shaalas Yayvetz II:15; at the end of the lengthy teshuvo there he writes how to do Pilegesh properly: “The husband must designate a room in his house for his wife the Pilegesh, and to warn her against ever being alone with any other man, and if he ever discovers that she sinned and was not careful, that he should immediately send her out of his house, and also he should command her to go to the Mikva regularly, and he should notify her that there is absolutely no shame in this. Also, he should clarify for her that children born from him are kosher children just like the meyuchesdika children in Jewish homes, so long as she guards her covenant and will be faithful to this man her husband, but not if she goes with other men to have zenuse with them. Because then her children are the products of zenuse. And she is a Kedaisho prostitute who deserves a punishment for every biah that she has with this man or any other man.”

We have covered basic halochose of Pilegesh. And now we come to understanding in practical terms the proper halacha applications and status of a Pilegesh marriage.



Proper Halacha Application and Status of a Pilegesh Marriage


Until now I have quoted various sources to explain why Pilegesh is permitted, and we have touched on various aspects of living as a Pilegesh. But now we want to go into a new area, so let me explain what it is.

As I mentioned above, most people marry with Kiddushin and few people marry with Pilegesh. This itself is a problem for those who marry with Pilegesh. For instance, Mr. A marries Mrs. B. as a Pilegesh. They live together for several years, and have children, but then decide to break up the marriage, which for a Pilegesh is basically simple. No GET is required. Permission of the husband is not required. Okay.

Now, let us imagine that Mrs. B. decides to leave her husband and maybe take some children elsewhere. One day somebody comes to her and asks her if she is interested in remarrying. She replies that she wants to know who the man is. So she is told who the man is. Then the shadchon asks the Pilegesh lady, “Can you show me a paper that you received a proper GET?” Mrs. B. never got a GET, because a Pilegesh doesn’t need a GET. But if she replies that she is a Pilegesh and doesn’t need a GET, people may not accept that. Very few people do become Pilegesh. So what does the Pilegesh lady do?

Another Pilegesh problem is mentioned in the section of the Shulchan Aruch that deals with Kiddushin marriage. The very beginning of that section deals with Pilegesh. One of the problems of Pilegesh is that she may be embarrassed to go to the Mikva to be cleansed of Nida. In fact, there is an opinion that forbids marrying a Pilegesh because she may be embarrassed to go to the Mikva, but consequently, if she is prepared to go to the Mikvah, which may have some embarrassment for her, she is permitted. But let us make a mental note of this, that if you are in a community with thousands of people who have Kiddushin and maybe five people have Pilegesh, some people, including the Pilegesh, may not understand or perhaps they will understand too well that they should be embarrassed! If we talk about people married with Pilegesh, we must deal with these issues. We don’t want women refusing to go to the Mikva, and we don’t want women attacked because they have no GET when they are Pilegesh who don’t need a GET.

Recall that our title of this section is Proper Halacha Application and Status of a Pilegesh Marriage. I want to present the following here: Proper Halacha Application and Status means dealing with Pilegesh people as human beings who are given some protection from similar problems that could crop up when somebody is different than most other people in any level of behavior especially in something as sensitive as marriage and having children. So what do I suggest?

One, I suggest that a couple that wants to marry as Pilegesh be trained by a rabbi who is prepared to explain all of the possible difficulties, and who is willing to work hard to find solutions to those problems.

Let us talk about the problem of going to the Mikva. Whose problem is this? It is the problem of the Rov who manages the couple who are Pilegesh. The Rov must find the proper Mikva. I know somebody who is very interested in Pilegesh and told me about a person who paid for an expert in constructing kosher Mikvas, even for ladies, and built such a Mikva. Now men use that Mikva during the day and women at night. Of course, there have to be men on duty by day and women on duty by night. But if the owner of the facility is willing to cooperate, it can be done.

Another solution is to find somewhere a place to build a Mikva, perhaps one for ladies. If the proper expert can be found, and be told that it is for ladies, who require a much more professional Mikva than the one for men, and he agrees to keep it kosher for ladies, we have achieved something. At any rate, there are always things that crop up and the Rov who helps out the Pilegesh people in his area has to be ahead of the game, but it can be done.



The Practical Rules of a Pilegesh




What do we mean by The Practical Rules of a Pilegesh? What it means to me is as follows: There are from the senior rabbis of the generations various teachings about being a Pilegesh. I personally would not want to utilize some of their ideas. I want a Pilegesh family to act like a very conservative family that will try to avoid anything that could somehow be construed as too liberal for people making a family.

Originally, I thought that a person who chooses Pilegesh must tell me that they are not confident that they could keep the laws of Kiddushin, which means essentially to give up one’s hopes for a normal marriage if the marriage sours and the husband won’t give a GET willingly. But if there is any doubt in the person if they would last a lifetime with no happiness in the marriage, then I would accept them as Pilegesh. And furthermore, if the person would tell me that if they take Kiddushin they feel they could give up their lives, but they nonetheless fear that maybe, if certain rabbis tell them to force a GET maybe they will listen and make a GET that is invalid and maybe make mamzerim, if they fear this, I would also give them Pilegesh. That is how I once thought. But today, when I see the great decline in the rabbis and how they encourage things that are plainly forbidden by the Torah, I see that encouraging Pilegesh must be done even if for somebody who won’t fear Kiddushin. Why? Because I fear it. And daily, things get worse out there with the rabbis. Very recently a prominent Rov called me from a far-off country about people in his area are marrying women without a GET. The same thing was publicized in the name of a very senior rabbi in a European country. It just keeps getting worse, HaShem Yerachem. So I feel that marrying with Pilegesh takes off a lot of fear and makes a lot of sense.

Anyone who wants to marry with Pilegesh would have to be trained in the laws of Pilegesh and how to behave properly. They must know the difficulties, such as what happens if the local Mikva doesn’t want to permit a Pilegesh to come there. I am not sure it won’t happen. At any rate, we must anticipate all of the potential problems and hopefully find solutions for them, before they marry as Pilegesh.

Ideally, if I was accepting people to become Pilegesh, I would prefer that several people, let us say me and two others who understand people, and the three of us would talk to the people involved and make sure that they are emotionally and mentally ready for Pilegesh. We would also have to find people who can do the detective work necessary to find out whatever we have to find out about the couple involved. Were they married before with Kiddushin? Did they have a kosher GET? Did they have a relationship with a Jewish person in a neighborhood where some Orthodox Jews lived and noticed this so that people may assume that this constitutes a real Kiddushin marriage? And we would want to establish classes for them in laws of Nida, kashruse, Shabbos, etc. Marrying with Pilegesh or something else doesn’t exempt a person from keeping the Torah.

Making classes and having a Mikva could run into money, and when the first few people become Pilegesh in a community it may not be practical to have to spend a lot of money. We can, however, only do what we can. And if we can find some people who realize the crucial need for Pilegesh, we may succeed. The difference between Pilegesh and Kiddushin is the difference between mamzerim and kosher Jews. Isn’t that worth something?































[1] Yevomose 62b
[2] Devorim 24:5 – Rashi, Targum Unkeluse, Zohar דברים רעז:2
[3] Rashi and the Zohar are as stated before to make the wife rejoice, not himself. Rashi notes that ViSeemach [Seemach with a chirik] ess eeshto is translated “and he will make his wife rejoice” not himself. However, if the phrase would be “and he will rejoice with his wife” it should say, “Visomach [somach with a komets] ess eeshto” meaning, he will rejoice with his wife meaning both together. The problem is that the Targum Yonoson translates, “and he will rejoice with his wife.”  The gemora in Succa 28A says that Hillel had eighty students and that the greatest student was Yonasan ben Uziel and the most minor of the students was Yochanan ben Zackai.  Yochanan mastered the Torah as mentioned there, but Yonasan was greater. When he taught Torah, a bird that flew over him was burned by the fire of his learning. See Tosfose there. Perhaps we can refer to the gemora above that one should love his wife like himself and honor her more than himself. Perhaps if we refer to one’s love for his wife it should be equal, but he honors her more than himself. Thus when referring to love it is equal as he loves her as he loves himself. But when it comes to honor, he honors her above himself. Rashi thus can be talking about honoring the wife where he honors her more than himself. But Yonasan is talking about love, that they love equally.

Monday, November 5, 2018

A Flock of Mamzerim from Invalid Gittin see book Mishpitei Yisroel from Gedolim in Israel and America


A Mamzer or Doubtful Mamzer, Who to Marry
The Book Mishpitei Yisroel describes the teachings of the greatest rabbis of Israel and America in divorce. Forcing a husband to give his wife a GET is generally forbidden, and even causes the woman who remarries without a kosher GET, to produce a child from the second husband who is a mamzer.
Because today few even rabbis are experts in laws of marriage and divorce, many of them, even senior ones, encourage women to force the husband to divorce. These women remarry and have children from the second husband who are born mamzerim. But that is not the whole tragedy. A mamzer may marry a mamzeres. But a doubtful mamzer may not marry a mamzeres, nor may he marry a regular Jewish woman. [1]
See also Shulchan Aruch Even Hoezer 4:20 and the poskim there how a mamzer can marry to have kosher children. There is a question if today such a thing is permitted, which is not our topic here.



[1] Shulchan Aruch Even Hoezer 4:24. See also Baare Haytiv there 4:24 if a shifcho or eved is permitted to marry a mamzer or a doubtful mamzer and the fate of the children of such a marriage.