Q&A: The Meaning of a Halakhic Ruling
The Meaning of a Halakhic Ruling
Question
Hello.
I wanted to ask: when a rabbi issues a halakhic ruling, is he creating the law, or merely uncovering it?
More specifically, a divorced woman wants to live with a kohen, and is trying to annul the first marriage by claiming that that marriage was coerced by her family. She is going to live with that kohen in any case, whether permissibly or prohibitively, but if possible she would prefer to do so permissibly (she is not religious).
Should we say that it is preferable for her to annul the previous marriage so that she will be considered unmarried, or should we say that since she will live with the second man anyway, if it is known before Heaven that the first marriage was coerced, then she is not doing anything prohibited now, and if it is known before Heaven that the first marriage is valid, it would not help even if the rabbi annulled them?
I seem to remember that in the past you discussed this issue. I would be happy if, beyond the answer itself, you could also give me a link or a reference to your articles and those of others on the topic.
Answer
I don’t have any references. The question is too general, and I can’t answer it here. As for the kohen’s woman, it is obvious that if she is not married, then she is not married, and it makes no difference whether or not someone told her so. This is not connected at all to your general question. She is not going to a rabbi in order for him to annul the marriage, but rather to clarify with him whether it is annulled.