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Kiddushin expropriation

שו"תKiddushin expropriation
שאל לפני 9 שנים

What is the Rabbi's position regarding regulations for confiscating kiddushin (to solve the problem of agunot)?
Is there a problem of authority? Does any institution currently have the authority to amend a regulation so that in any case 'everything that is sanctified by the rabbis is sanctified' and the sanctifications will be forfeited? Or is there no need to amend but to create agreement and in any case the condition exists?
Is it more a matter of halakhic policy? For example, what is brought up is that in all the regulations of the Sages, the forfeiture of a divorce is an invalid divorce that has been made kosher by their regulation. This is not a principled argument, but the idea is to preserve the form of the consecration and expulsion according to the Torah… Does the Rabbi agree or believe that based on the decisions of the courts, it is possible to determine situations in which the consecration will be forfeited?
(The same question exists regarding other solutions that have been proposed over the generations, such as a condition at the Kiddushin (which resolves the first question), or alternatively granting a conditional divorce at the time of the Kiddushin…)


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מיכי צוות ענה לפני 9 שנים
Hello. This is too broad a question to discuss here. I'll say a few things briefly. "Kol Dmekdesh" is an authority that is given to the greatest Rabbi of the generation, and not to every Rabbi. It makes no sense that every Rabbi would be able to confiscate a kiddushin and say that it was sanctified at his own discretion. There is no such authority today (certainly not the caricature called the "Chief Rabbinate"). This depends on the question of whether the confiscation is based on a condition (the former attach this to the statement "according to the law of Moses and Israel"), and then of course it is possible to condition it on whoever they want (although there is still a question as to who they really meant in this case), or whether it is a built-in halakhic mechanism (this is my opinion), and then it is clear that the halakhic does not condition it on the consent of every Rabbi. In any case, it is clear that an invalid divorce is not needed to confiscate a kiddushin (although I am familiar with this unreasonable argument). It is also not true that in all cases in the Talmud a invalid divorce was required. For example, the Temple Inc. confiscated its kiddushin. A condition in kiddushin is an excellent mechanism in my opinion (although the vast majority of poskim oppose it for some reason).

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