The Chief Rabbi of the Gilo neighborhood of Yerushalayim Rabbi Eliyahu Schlesinger Shlita spoke to Kol Chai Radio against weddings performed by rabbonim affiliated with the Tzohar and Beit Hillel organizations. Rabbi Schlesinger is also a former rav/posek for the Jerusalem Religious Council.
Rabbi Schlesinger spoke at a kenos rabbonim held in N. Israel last week. He said there are matters that must be addressed that pertain to the foundation of Judaism, stating there are rabbonim who perform a marriage “al tanai” (על תנאי) in Israel and in Yerushalayim and these chasenahs result in issues including mamzerus and eishes ish. He adds there are monetary agreements (pre-nuptial) between chosson and kallah. The rabbi explains while this is not prohibited one must know how to make such an agreement that it does compromise the integrity of the kesuva. The rav adds that gedolim have prohibited a chupah ‘al tanai’, quoting Rav Chaim Ozer ZT”L was among them and his psak was signed by many gedolim at the time.
“I have been performing chupahs for 40 years that are done in a friendly atmosphere”, calling for the need to continue with the tradition of the previous generations without incorporating changes as is becoming too commonplace today in the name of drawing Jews closer to the fold. He explains that if a pre-nuptial can in fact contradict the kesuva and it is most problematic – adding this is not a rare occurrence, and problems such as the ones he mentioned occur regularly around Israel. “They will tell me it is ‘a difference in hashkafa’. We have a Shulchan Aruch and they will say ‘I too have a Shulchan Aruch and paskin in line with it’ but apparently they have a different Shulchan Aruch. I do not know where they take these things from”.
The rabbi declined to mention the names of the rabbonim or the organizations they are affiliated with, not during the kenos and not to Kol Chai Radio, but the dati leumi website “Srugim” mentions his remarks are directed against the Beit Hillel and Tzohar organizations.
Rabbi Schlesinger told Kol Chai when rabbonim in Germany began giving a drasha in German the Chassam Sofer warned it is “pritzas gader”, fearing what would result and this is a matter of keddushin and maters that are d’oraissa, not just giving a drasha”.
“Rav Avrohom Shapira, who was not chareidi in the sense of the word we attribute it called this rabbonim ‘neo-Reform’ and those were his words, not mine…Persons who call themselves rabbonim and do not conduct themselves according to Torah, and I am not speaking about different minhagim, this is representative of the mourning today during the Three Weeks”.
“I am of the opinion these rabbonim, who act in contradiction to Torah, not because they do not know or are ignorant of Halacha but this is their way and the Chief Rabbinate must intervene to prevent them from conducting marriages”. When asked if the Chief Rabbinate is aware of the rabbonim he is talking about, he stated that “Yes”, the Chief Rabbinate is aware, stating they are among the rabbonim who belong to Beit Hillel and Tzohar, stressing not all of them but rabbonim who are affiliated with these organizations are among those rabbonim he is referring to. He stresses there are many rabbonim affiliated with the dati leumi community who act 100% in line with Halacha, but feels unfortunately they do not speak against them in public and this is problematic. At the kenos he stated the dati leumi rabbonim did speak out, but they are not as willing as he to speak in public.
The rav adds there are many other problems that he has seen over the years, including witnesses who are related to the chosson and kallah or using witnesses who are not shomer Shabbos. He stresses the problems he mentions do not pertain to a single rav, but to those rabbonim who wave the flag of liberal Judaism, the rabbis who feel they are opening the doors of Judaism to everyone and this is problematic to all since one cannot know where their children will be, “perhaps they will learn in Ponevezh” he added.
Rav Schlesinger adds that these and other issues are included in the reforms set into place for giyur and marriage by the previous administration that were dissolved by the current cabinet this week. The rabbi explains the rabbonim tell the public they are acting to prevent assimilation but in essence, the exact opposite is occurring and worse since children from some of these marriages are mamzerim R”L.
Rabbi Schlesinger concludes that he is not publicizing the names of the rabbonim for he feels the Chief Rabbinate must first summon these rabbonim for a meeting to permit them to explain themselves, their actions and their hashkafa.
(YWN – Israel Desk, Jerusalem)
Rav Eliashev paskened that an RCA-type prenup causes a future Gett to be potentially halachicly invalid, i.e. a Gett Me’usa, and the wife remains an eishes ish after the Gett Me’usa.
This is not a halachic concern: Chazal permitted tanaiim in the ketubah itself!