Q&A: Annulment of Marriage
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This is an English translation (via GPT-5.4). Read the original Hebrew version.
Annulment of Marriage
Question
Hello Rabbi,
In the last lesson on the general principles of the categories of labor, the Rabbi said that the Sages annul a marriage by virtue of their being representatives of society, and they determine that society no longer regards them as married.
1) According to this, is the marriage uprooted retroactively? Seemingly not, because even if we say that it is possible to uproot the marriage retroactively through this power, it is unnecessary. It can be uprooted from this point onward.
2) Does "property declared ownerless by the religious court is ownerless" also operate through this power?
Thank you
Answer
- No. From this point onward.
- In my opinion, yes. I have written more than once that "property declared ownerless by the religious court is ownerless" and "the Rabbis annulled the marriage" are both based on the conception that the legal framework precedes Jewish law (Rabbi Shimon Shkop's laws of jurisprudence).