Q&A: Marriage Between a Divorced Woman and a Kohen
Marriage Between a Divorced Woman and a Kohen
Question
Greetings Rabbi,
My name is L., and I am divorced for the second time.
After many hardships, at age 41 I “found the one my soul loves,” but we are unable to marry because he is a kohen.
I observe the Sabbath and the commandments, and my partner is a believer but observes a bit less.
We tried turning to the rabbinate and to other parties to explore the possibility of relinquishing his priestly status so that we could marry and have children as a married couple, but we encountered complete stonewalling.
During my master’s studies at Bar-Ilan, I took a family law course with Professor Shahar Lifshitz, where I learned that a ceremony performed in full accordance with Jewish law has halakhic validity.
I read the article about the Oren couple who were married with your help, and I thought perhaps we too could be helped by you.
I would appreciate your advice and opinion.
With blessings and thanks in advance
Answer
Hello L. Indeed, according to Jewish law, a kohen and a divorced woman—although their marriage is prohibited by a Torah-level prohibition—the marriage is nevertheless valid after the fact. But as someone committed to Jewish law, I cannot lend my hand to conducting such a ceremony, since it involves a prohibition. I doubt there is any rabbi who would do so. I am sorry, and I understand the distress, but I do not see a way to help in this matter.
As an aside, I understand that you love one another and want to live together. What I do not really understand is why you specifically want a halakhic marriage. After all, Jewish law forbids it. So what is the point of violating Jewish law in order to be married according to Jewish law?
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L.:
First of all, thank you very much, and I greatly appreciate your response—especially your quick response!
Unfortunately, I understand your answer, and what you said in the closing remarks definitely gives me something to think about.
I do not need a document or some external sign to testify to a marriage between me and my partner, but rather recognition from the Holy One, blessed be He, of our relationship and our love, which He created after the hardships we went through, in wondrous completeness.
What matters most to me is to find a way to marry that will be accepted and recognized by the Holy One, blessed be He, since it is before Him that we will ultimately stand in judgment, and from Him we hope to receive the blessing for success as we continue on our path. That is what motivates the attempt to marry according to Jewish law.
From my little knowledge, marriage according to Jewish law is the best way.
I would be glad for your advice as to what the “closest possible” alternative to the Holy One, blessed be He, would be by which we could marry, if such a thing exists.
Thank you so, so much!
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Michi:
Hello L.
Unfortunately, I do not know of such an alternative, unless your partner’s lineage were checked thoroughly and it turned out that he is not a kohen, or that your previous kiddushin was invalid and therefore you are not actually divorced. But I do not know how one investigates priestly status. It is a complicated story with a rather slim chance.
All the best,
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L.:
Regarding his lineage—we checked, and apparently he is a kohen (they were originally Katz; his father the kohen is permitted everything, and his mother did not sin or transgress, so they did not lose their priestly status…).
As for my kiddushin—about a year and a half after we met, I had a miscarriage, and I was afraid that the reason was that my previous kiddushin had not truly ended, because I had been with my ex-husband after the divorce.
In order to remove the doubt, I turned to him and we divorced a second time (a get given as a stringency).
Does that, in one way or another, make it possible for me to marry my current partner?
Maybe the very fact that he was with me in the period before the get given as a stringency removes his priestly status?
Again, thank you, and sorry for the bother. I assume you understand how important this is to me and how much sorrow I feel as a believing person that I will not be able to marry my partner in full accordance with Jewish law.
And one last question (I’ll try):
Although I will never leave my partner—he is the ray of light in my life—I would be glad to hear your opinion: should we separate, and if not, what can we do to make our relationship acceptable, or at least reduce the severity of the sin in the eyes of the Holy One, blessed be He?
Again, thank you, and sorry for the bother!
With blessings
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Michi:
Hello L’.
The question of mystical punishments and retribution (why there was a miscarriage) is foreign to me. I would not attribute any event that happened to you to one action or another that you did. As far as I am concerned, what determines things is Jewish law, not metaphysical speculation.
In any case, from what you describe, it seems to me that there is no way out. According to Jewish law, you are supposed to separate, and sadly I do not know of anything else to suggest. It is clear to me that this is an extremely difficult trial, but I do not see any other solution that is halakhically acceptable.
All the best and much success.
Discussion on Answer
I didn’t understand. And if it isn’t different, then what? Conducting kiddushin that involves a prohibition is assisting a transgression.
All I did was point out that there is a halakhic precedent for doing so.
A quote from Maimonides (cited in Kesef Mishneh, Forbidden Relations ch. 22, halakhah 1):
“And although there are sages who held that she should not marry, they say to her: if you find someone who will betroth you, we will not obligate him to divorce her. And they would scheme and perform kiddushin before two witnesses, and afterward the court would write her a ketubah and bring her under the wedding canopy and recite the seven blessings… and this is what we did in Egypt…”
So what is the conclusion? From now on there is permission to conduct prohibited kiddushin? At most one can remain with the matter unresolved regarding Maimonides.
But even that is not correct (though I haven’t checked it inside just now). He claims that there are those who hold this is forbidden, but they too agree that if there is a rabbi who holds it is not, he may perform the kiddushin, and they will not object or compel them to divorce. Maimonides himself testifies that in Egypt that is what they did. So in my opinion, it does not say there what you claimed. But as I said, I have not looked at it inside right now.
What’s the big deal—are there really going to be too few valid kohanim for when the Temple is rebuilt?
Let them marry according to Jewish law, and if his children are disqualified from the priesthood, so what?! Is it better that Jewish law leave them to live in prohibition?
Uzi,
I’ve now checked. It’s in chapter 21 (not 22). And indeed, as I said.
By the way, even according to the others, this is not really a prohibition but a danger.
Regarding your last response, wouldn’t it be preferable that they continue living as a couple without huppah and kiddushin? Or maybe it would be preferable for them to violate the prohibition of a kohen marrying a divorced woman one time and thereby avoid many acts of illicit intercourse?
Also, regarding your first response: if, hypothetically, you did know of a technical way for them to marry, but it involved halakhic and moral prohibitions, would it be permissible to tell them? Or in such a case does one have to conceal the truth so as not to enable them to commit prohibitions (“do not place a stumbling block,” or perhaps assisting)?
As a rule, I do not make a practice of advising how to reduce prohibitions. If something is forbidden, then it is forbidden. I have an article about this in Midah Tovah 5767.
I didn’t understand the second question. The way to marry is simply to marry. It’s just that this involves violating a prohibition (but the kiddushin is valid).
If I understood the questioner correctly, all that matters to her is to be in a state where she and the man she loves are married in the eyes of the Holy One, blessed be He (that is, halakhically married), even if that involves a prohibition (her motivation is probably an emotional-psychological need combined with metaphysical concerns). It seems to me that at the moment she understands that without a rabbi officiating the kiddushin, it is technically impossible to reach that state. What I thought was that you were refraining from answering her on that point in order not to enable her to commit a prohibition. Meaning, if she does not know how to violate the prohibition, she will not be able to violate it, so why tell her—perhaps there is a prohibition here of “do not place a stumbling block” or assisting.
Even if that is not the case, I am asking in general: if someone wants to do an act that involves some halakhic prohibition, and right now he does not know how to do that act technically, and he asks me how to do it—is it permissible to tell him? Or is it better to evade the question and leave him in his ignorance in order to prevent him from violating the prohibition (with the emphasis that this is a purely halakhic prohibition with no moral aspect, and that this person has some benefit from doing that act)?
I still do not understand the question. If he wants to do something prohibited, why would I advise him how to do it? I didn’t say it is preferable to evade the question, but rather to tell him directly that you do not advise people how to violate prohibitions.
Suppose he has a great need (psychological / physical / financial) to do that act which involves a halakhic prohibition (we are not talking about someone doing it out of spite, but out of desire). On the one hand, if I withhold from him the information about how to do that act, then I am harming him by denying him that major need. On the other hand, I am enabling him to violate a prohibition that he will probably violate, whereas until now he was coerced by circumstance and could not violate it.
I still don’t understand: if it is forbidden despite the need, why would I help him with it? How is this different from any other prohibition? And if it is permitted because of the need, then obviously one may, and perhaps should, tell him.
To Oren: why are you calling it prohibited illicit intercourse? It’s no worse than a concubine.
And by the way, the prohibition is not just one time, but applies to every act of intercourse, whether they are married or not, as far as I remember.
If one of the witnesses at the original kiddushin was a man who did not observe the Sabbath—could that be considered a problem and invalidate the kiddushin, thereby permitting the divorced woman to marry a kohen?
That is possible (if he publicly desecrates the Sabbath). This needs to be clarified in a religious court.
I have the same problem too, but I got married in a civil marriage, and my ex-husband is considered a non-Jew. During all our years together I was sure he was Jewish, because I understood from him that his mother was Jewish, and only after we divorced did I find out that only his maternal grandfather is Jewish. In such a case, is it possible to find some loophole so that I could marry my current partner, who is a kohen, and we love each other very much, since civil marriage is not recognized by the rabbinate? And I too was always sure that my ex-husband was Jewish, and only recently it became clear to me that he is a non-Jew. Is there anything that can be done? It is very important to me and to my partner to marry through the rabbinate.
Unfortunately, according to Jewish law, a woman who had relations with a non-Jew is prohibited to a kohen, even if the relations were under coercion or by mistake. Perhaps there are technical devices I do not know. In any case, if you want a solution within the framework of the rabbinate, you need to turn to them. Whatever I say will not be recognized by them in any event.
Maimonides (in a responsum, cited in Kesef Mishneh, Forbidden Relations) describes how in Egypt he would perform marriages for a “fatal woman,” even though according to Jewish law this is forbidden, since the marriage takes effect after the fact (and that too is his own innovation).
How is this different? Because that case is rabbinic?