A Jerusalem Rabbinate beis din rejected a request to retroactively recognize a wedding that took place without prior registration, taking place in a local rabbinate by pre-agreement.
The psak din was signed by Av Beis Din Rav Uriel Lavie, Rav Shlomo Ram and Rav David Kalka, and they explain the party was aware of the process and need for registration, but decided to marry in a fashion that is not recognized by the rabbinate. They asked people to assist them in bypassing the local system and then hopefully have the marriage recognized retroactively.
The couple was supposed to be registered by they then decided to have a chupah which the rabbinate does not accept. As part of the ceremony the couple signed an agreement and instead of the chosson saying “Harei at…”, they would be married by the authority of the signed agreement. The woman planned to be ‘mekadeish’ to the man by the same document. The document contained a prenuptial as well as addressing chalitza and cancellation of the marriage if the woman gets pregnant by a donor, as well as permission to send a bill of divorce. The marriage is not being recognized because their agreement is not viewed as a valid marriage document.
The local rabbinate would never have cooperated had officials been aware of what was actually planned. The dayanim add clearly they did not register for they were aware the ceremony they planned would never be approved.
Nevertheless, despite the unusual arrangement and the ceremony, they are asking for approval retroactively.
In their psak however, the dayanim explain a diyun is underway to determine if the woman is “safek mekudeshes” (ספק מקודשת). The beis din added they would be added to the list of those ‘on hold’ until such time a proper chupah is performed in a local rabbinate and then, they would be married and recognized by all.
(YWN – Israel Desk, Jerusalem)