Kiddushin: Difference between revisions
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#''Takanat mean rabbanim'' (lit. permit from one hundred rabbis; heb. היתר מאה רבנים) is an institution to allow a man to marry another wife in certain rare cases where he cannot divorce his wife, such as if she went crazy or they are forbidden to each one but she doesn't want to accept the get. It requires getting the approval of one hundred rabbis from three countries.<ref>Chelkat Mechokek 1:16 writes that the minhag is to require heter meah rabbanim in these cases even though the Rama didn't mention it. Bet Shmuel 1:23 agrees. Pitchei Teshuva 1:16 discusses the details of heter meah rabbanim.</ref> | #''Takanat mean rabbanim'' (lit. permit from one hundred rabbis; heb. היתר מאה רבנים) is an institution to allow a man to marry another wife in certain rare cases where he cannot divorce his wife, such as if she went crazy or they are forbidden to each one but she doesn't want to accept the get. It requires getting the approval of one hundred rabbis from three countries.<ref>Chelkat Mechokek 1:16 writes that the minhag is to require heter meah rabbanim in these cases even though the Rama didn't mention it. Bet Shmuel 1:23 agrees. Pitchei Teshuva 1:16 discusses the details of heter meah rabbanim.</ref> | ||
#If the marriage was forbidden to begin with he should divorce her but if he cannot he may marry another wife. The minhag is to require a heter meah rabbanim to allow him to remarry.<Ref>Pitchei Teshuva 1:10:7 quotes Chatom Sofer and Shevut Yakov as holding that the minhag is to require a heter meah rabbanim even when the marriage was forbidden. Chesed L'alafim holds it is unnecessary. Imrei Yosher adds that if it was an isur karet to begin with it doesn't need a heter meah rabbanim.</ref> In all cases of heter meah rabbanim the man must arrange an unconditional get for her.<ref>Igrot Moshe EH 4:3. There is a letter signed by 20 dayanim across North America Adar 7 5777 confirming that it is normative practice to follow this Igrot Moshe.</ref> In the case of where she went crazy he must set up a get for her and if she gets better he must give her it.<Ref>Bet Shmuel 1:23</ref> | #If the marriage was forbidden to begin with he should divorce her but if he cannot he may marry another wife. The minhag is to require a heter meah rabbanim to allow him to remarry.<Ref>Pitchei Teshuva 1:10:7 quotes Chatom Sofer and Shevut Yakov as holding that the minhag is to require a heter meah rabbanim even when the marriage was forbidden. Chesed L'alafim holds it is unnecessary. Imrei Yosher adds that if it was an isur karet to begin with it doesn't need a heter meah rabbanim.</ref> In all cases of heter meah rabbanim the man must arrange an unconditional get for her.<ref>Igrot Moshe EH 4:3. There is a letter signed by 20 dayanim across North America Adar 7 5777 confirming that it is normative practice to follow this Igrot Moshe.</ref> In the case of where she went crazy he must set up a get for her and if she gets better he must give her it.<Ref>Bet Shmuel 1:23</ref> | ||
===Proving Someone Is a Cohen=== | |||
#If someone claims he’s a cohen he’s not trusted unless he says it as part of a story that indicates that he’s telling the truth.<ref>Ketubot 23b, Shulchan Aruch E.H. 3:1</ref> Nowadays, some say in the diaspora that we trust someone who claims he’s a cohen to get the first aliyah even without any proof.<ref>Ramach on Rambam Isurei Biyah 20:1, Rama E.H. 3:1</ref> | |||
# A community should not allow someone to get the first aliyah just because they say that they are a cohen. They need a witness to establish that they are a cohen or have a chazaka, such that it is known that they get the first aliya or do birkat cohanim.<ref>Birkei Yosef 3:1 cited by Otzar Haposkim 3:1:1</ref> | |||
#If someone has two witnesses that he’s a cohen and his ancestors are cohanim back to the times when cohanim worked on the mizbe’ach, he is a cohen meyuchas and can eat trumah deoritta.<ref>Rambam Isurei Biyah 20:2, Bet Yosef 3:2</ref> | |||
#If someone has one witness he’s trusted to be considered a cohen of chazaka, can get the first aliyah, do birkat cohanim, and eat trumah derabbanan.<ref>Ketubot 25b, Shulchan Aruch E.H. 3:2</ref> A father is trusted to say that his son is a cohen.<ref>Shulchan Aruch E.H. 3:2. Bet Shmuel 3:7 notes that this is the opinion of Rambam and Tosfot that he is trusted even if it is known that he is the father. Ramban, however, argues and only trusts the father in the case where it is not known that he is the father, since he could have said that he isn’t the father and is just an unrelated single witness.</ref> | |||
#If someone’s name was written in a halachic document as “So-and-son the cohen” and it was signed by witnesses that is a proof that he is established as a cohen like the cohanim of chazaka nowadays.<Ref>Shulchan Aruch E.H. 3:2. Chelkat Mechokek 3:5 and Bet Shmuel 3:8 note that according to the Rashba and Raah if the person wrote “I so-and-so the cohen” and it was signed by witnesses, the document is a proof from the Torah. It is only a rabbinic proof if the witnesses wrote the document. For Rambam and Shulchan Aruch, however, there is no distinction and in either case it is only a rabbinic proof.</ref> | |||
#If someone signed a document as a cohen and there was no witnesses on it, it is questionable if it is a proof that he is a cohen.<ref> Rama 3:2 codifies Ran who writes that if a person signed that he was a cohen it is a proof even though there are no other witnesses on it because it is as though he was simply telling a story (''masiach lifi tumo''). Chelkat Mechokek 3:6 and Bet Shmuel 3:9 limit that to Eretz Yisrael where a person is not trusted to say that he is a cohen because they have trumah derabbanan there. But in the diaspora it could be that he signed that he was a cohen because they gave him the first aliya based on his own testimony.</ref> | |||
# If one witness testifies that the father of an individual is a cohen that isn't proof that he is a cohen because perhaps the father married someone who is forbidden to him. If there is a chazaka that the father is a cohen or there are two witnesses that the father is a cohen then the son is established as a cohen and halacha isn’t concerned that the father married someone forbidden to him.<Ref>Rambam Isurei Biyah 20, Shulchan Aruch E.H. 3:6. Chelkat Mechokek 3:7 suggests that Rashbash argues with this Rambam.</ref> | |||
#If there was a chazaka that a man’s father was a cohen but there is a rumor that his mother is someone a cohen may not marry the son is not established as a cohen, unless a single witness testifies that the son is in fact a cohen.<ref>Shulchan Aruch E.H. 3:7</ref> | |||
# If a woman had relations with a cohen outside of marriage and then married another cohen within 3 months, the child is not given the privileges of cohen<ref>Otzar Haposkim 3:9:54 writes that it is obvious that the child is only not a cohen as a chumra not a kula.</ref> since the identity of the father is not known even though certainly it is a cohen.<ref>Rama 3:9 based on Shmuel in Yevamot 100a. Chelkat Mechokek 3:12 asks why the child isn’t assumed to be from the marriage because of the principle the a woman is more likely to have relations with her husband than outside marriage (‘’rov beiylot achar habaal’’). Bet Shmuel 3:16 answers that the principle is only relevant when she is married to assume that the child is from her husband and not adultery. But when she had relations before marriage there is no such principle.</ref> In the opposite case where she had relations within 3 months of her cohen husband’s death some say that the child is not a cohen.<ref>Chelkat Mechokek 3:12. Bet Shmuel 3:16 writes that the Chelkat Mechokek’s application is not clear. Otzar Haposkim 3:9:53 quotes Atzei Arazim who argues with Chelkat Mechokek since there is a principle in this case that the child is more likely from marriage than outside marriage. Therefore, according to this approach, the child is a cohen.</ref> | |||
# If a non-married woman had relations with a cohen outside of marriage and he admits that it is his son, the child is a cohen.<Ref>Rama 3:9. Chelkat Mechokek 3:13 adds that the father admits that he was with her and the mother doesn’t say that she was with other people. Pitchei Teshuva 3:11 quotes Bet Shmuel 4:40 that we should be concerned that she had relations with non-cohanim and establishes this Rama to be where there was no cohanim in the vicinity. However, Knesset Yechezkel answers justifies Rama even when there are yisraelim around. Otzar Haposkim 3:56 quote Peni Moshe who answers that this case wasn’t discussing a woman who admitted that she had relations with a mamzer, but a woman who one time had relations with a cohen outside marriage. There isn’t a concern that she also had relations with someone else.</ref> If the father wouldn’t be there and just the mother would say that the child is a cohen she wouldn’t be trusted, though the child can be assumed not to be a mamzer.<Ref>Chelkat Mechokek 3:13. See Otzar Haposkim 3:50 about a dispute in the rishonim if the mother is trusted to say her child is a cohen if she is certain.</ref> | |||
==Mechutanim With Same Names== | |||
#Rabbi Yehuda Hachasid advised that people with the same name shouldn’t marry off their children to each other. Some are not concerned with this at all.<ref>Otzar Haposkim 2:19 quotes Avnei Tzedek who is lenient since some editions of Rav Yehuda Hachasid don’t say this prohibition at all and even those who do it isn’t clear if it was just for his descendants or all Jews. Another reason he is lenient is that the prohibition is only when the parents arrange the marriage but not if the children decide to marry.</ref> Even those who are have certain leniencies: | |||
#If one of the parents has a double name and the other doesn’t, many hold that it is permitted. For example, if one’s name is Yehuda and the other is Yehuda Leib, there is no concern.<ref>Otzar Haposkim 2:19 quoting Mekor Chesed, Tzemech Tzedek, and Sdei Chemed</ref> | |||
# If one of the parents goes by another name even though their Hebrew names are the same, some say that there is no concern.<ref>Otzar Haposkim 2:19 quoting Heshiv Moshe</ref> | |||
# The concern doesn’t apply to a step-father of one of the sides, only biological parents.<ref>Otzar Haposkim 2:19 quoting China Vchisda</ref> | |||
# Many poskim hold that there is no concern if the two mother-in-laws have the same name. It is only a concern for two father-in-laws with the same name.<ref>Otzar Haposkim 2:19 quoting Avnei Tzedek, Rav Chaim Palagi, and Shulchan Haezer as lenient. Sdei Chemed argues that it is based on ayin hara and applies equally to women. </ref> | |||
==Sources== | ==Sources== | ||
