Rav Kook: Tzohar Law Will Increase Mamzerus


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chupThe mora d’asra of Rehovot, Rabbi Simcha HaKohen Kook Shlita, has come out harshly against Bayit Yehudi’s new nationwide marriage registration bill.

The rav told Arutz-7 that Bayit Yehudi decided to go ahead with the bill, despite strong objections from prominent dati leumi rabbonim.

“If anyone can get married anywhere one wishes, this will lead to increased mamzerus. In a city where one lives the family is known but in line with the new law, one may register in another city, where one is not known. If one wishes to marry the sister of his former wife and his ex wife is still alive, there will be mamzerus”.

“I am not just telling stories. This actually happened to an unfortunate family and all of the decedents are mamzerim.”

Rav Kook brought another example. If a man completes the process of giyur in another city other than his residence and in that city they are unaware he is not shomer Shabbos, he is not truly a convert.

Rav Kook blasts Bayit Yehudi for turning its back on its own rabbonim and for being a part of this legislation, which was spearheaded by Tzohar Rabbonim.

(YWN – Israel Desk, Jerusalem)


  1. 1. Only if you hold that Jews who reject Torah can contract a marriage “K’Das Moshe v’Yisrael.” If you hold that lack of intent to be married according to halacha voids the marriage, no problem.

    2. The creation of a mamzer does not require the mother to be arguably married to the father, only that she has a valid marriage marriage to someone other than the father when the child is conceived. How would the vigilance of the rabbinate in any way prevent her from getting pregnant by someone other than her husband UNLESS there was some sort of method of prohibiting adultery (which has been decriminalized for generations and is widely engaged in by hilonim).

  2. “If anyone can get married anywhere one wishes, this will lead to increased mamzerus.”

    Almost everywhere outside of Eretz Yisrael you can pick your own mesader kiddushin. How many mamzerim have resulted?

  3. Akuperma – If there are kosher eidim it could be a problem, there is also a tshuva by Rav Moshe z”l that they’re very living together could be ma’ase kidushin because of ‘ain adam ose be’ilaso be’ilas zenus’
    Regardless, in reference to you second point – even the majority of non-observant Jews do not violate adultery, regardless of their opinion as to the religious status of their marriage. Therefore if they perceive that they are no longer married because they received a civil divorce, which is obviously not recognized by halakha, they would R”l come to be oveir on eishes ish not knowingly thereby causing potentially serious problems that would not have occurred if they were forced to get a halakhic get.

  4. *Qualification on my previous post – I do not necessarily agree with the opinion of the Gaon HaRav Kook on this issue, but these are some of the cheshbonos that I would imagine he is referring to.

  5. ‘In a city where one lives the family is known’ – what is the theory, that the local Rabbanut official dealing with a couple’s file will know the couple and their family history and thus avert disaster? With the greatest respect that is an extremely farfetched theory. Only a tiny fraction of people in a city happen to know one another and even then acquaintance is predominantly within one’s milieu. The chance that a city Rabbanut official will just happen to know the couple is very remote. Typically, the Rabbanut official verifies that the couple is halachically permitted to marry by checking public documents and by interviewing the couple’s witnesses. I do not doubt the rabbi’s anecdote but, adrabba, it must have occurred under the old system, which proves my point – the city Rabbanut official didn’t know the couple and permitted the marriage.

  6. The cause of mazerios would be “cheating” after marriage, and the only a law could prevent that is by not allowing anyone but tsadikkim to marry. Who certifies the marriage is irrelevant. Indeed by halacha, no “rabbi” is needed to “perform” a marriage. The only issue is fees and patronage.

    To prevent mamzers, make sure that the hilonim do not contract halachicly valid marriages. While some hold intent is required (and few hilonim intend to be be married by Jewish law), there are opinions that recognize marriages by hilonim if they go through the correct rituals (though if you hold like that, you probably should considered all hilonim to be probably mamzerim since we are now several generations since the “sexual revolution” of the mid-20th century).

  7. #8 akuperma – How do you so freely open your mouth to be motzi la’az on the holy klal Yisroel. You speak about non-frum Israelis as if they are some malicious, lehachis group of incestual trouble mskers – chas veshalom to speak about klal Yisrael with such words and baseless assumptions! Most Jews, whether they recognize halakha or not are firstly for the most part not lehachis, and even if they don’t view marriage by it’s halakhic definition rubam kekulam don’t cheat after marriage! What world are you living in – chalila to be motzi la’az on klal Yisroel! Most non-frum Israelis aren’t immoral and they’re not adverse to Torah, they just haven’t been raised the same way as us. The Chazon Ish z”l writes that they are tinokos shenishba, they are anus on they’re aveiros – we can’t say the same for our sins. It is davka because they are not malicious people yet they don’t understand that we need to ensure that the status quo of halakhic geirushin being the law of the land not change. Don’t be fooled by the extremest mass media and politicians – on the left AND on the right that there is some mass hatred towards HaKadosh Baruch Hu. Gp to Eretz Yisroel and meet the most temimusdik people you’ll ever see. Mi k’amcha Yisroel! HaShem ya’azor.