"convert" can get divorced from kohein

A very strange story has led to a very strange, and inaccurate, headline in Israel National News, though that is not the only reason this is noteworthy.

INN reported on this story with the headline "Rabbinic Court permits 'convert' to marry Cohen".

Intriguing. Shocking.

It turns out the story is actually complicated.

To be brief, the beis din did not actually allow a convert to marry a kohein. Actually, the beis din was allowing the convert and her kohein husband to divorce. A woman from the Bei Israel community married a kohein. While in general the bnei israelites from India are considered Jews, they are required to undergo a conversion "lchumra" because of some doubt as to their actual status.

This woman did her conversion in the private beis din of Rav Nissim Karelitz rather than through the Rabbanut, and it was not recorded anywhere official. This itself is strange, as, as far as I know, the various Haredi batei din all generally process their affairs through the Rabbanut - they list their weddings, divorces and conversions with the Rabbanut so they are part of the official record.

When she married her husband, the kohein, the Rabbanut was not aware of her status as a convert and because of that they allowed the wedding to go through.

At some point he raised the issue of her being a convert, and she went to Rav Ovadia Yosef with the question. Rav Yosef ruled they could stay married. While such a wedding would not be allowed in the first place, if it already happened somehow they do not get broken apart.

Eventually this couple decided to divorce.

Now that they are divorcing, money is involved, so the issue was raised again.

The Rabbanut beis din paskened that the conversion is insignificant as they are considered Jewish and the conversion is only lchumra, not an actual need. Therefore, they can divorce and he would have to pay her the determined divorce settlement. The husband did not like that, as he was trying to get out of paying, so he appealed to the Beis Din Elyon in Jerusalem. There they upheld the original psak of beis din, but raised the settlement that he had to pay her for the divorce.

So, the beis din allowed a convert to marry a kohein, because at the time they didn't know she was a convert. They paskened to not consider her a convert in order to stay married, and then they paskened that the couple can get divorced as she isn't a convert and is deserving of her settlement.

This guy tried to take advantage and it came back to bite him...

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