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Mar 28, 2017
Rabbanut cancels wedding retroactively
Channel 10 News (Nana) has a story about a couple that got married, through the Rabbanut with a Rabbanut rabbi officiating, who were told three months after the wedding, after they had to chase down the Rabbanut to get an answer as to why they had not yet received their official license, that they are not married and their permission to marry was a clerical mistake.
Until now the Rabbanut was accustomed to canceling conversions retroactively...now they are canceling weddings, that they themselves performed, retroactively.
The Rabbanut claims they had a hard time finding out information about the bride's background - they could not find the rabbi in South Africa that had married her parents way back when, so they just cannot confirm her status as Jewish. The fact that it was already approved is irrelevant as that was simply a clerk that was too hasty and made a mistake and approved it, not realizing they were in the middle of an investigation. Because they cannot confirm her Jewish status, she is not married.
As if her being Jewish depend son the Rabbanut investigator. It does not, and she very well might be married halachically even without the Rabbanut, but here is where the problems really begin.
3 months later the Rabbanut is saying the couple is not married. And the wife is pregnant.
That means, this child will be given the status of a non-Jew according to the Rabbanut. Just because the Rabbanut could not find old information. After they got pregnant after marriage because the Rabbanut said it was ok. And, even if really Jewish, the child will be illegitimate, until the Rabbanut says otherwise. And, how will this affect her need for a gett, at some point int he future if it should ever happen, God forbid? Will they make her have a gett or will they say she is not Jewish? And, how will that affect future children, perhaps from a different marriage to either a Jew or a non-Jew - will future children be mamzeirim?
The biggest problem here is not even the mistake that was made. Mistakes happen, even with human victims and horrific ramifications. The biggest problem is the behavior of the Rabbanut in response to the mistake. As soon as they discovered the mistake they should have contacted the couple and let them know there was a problem and to avoid getting pregnant. Besides for that, they should have doubled and tripled their efforts to find a resolution, so that they would not have to destroy these people's lives.
Instead they simply avoided the couple for three months and simply writes it off as a mistake without offering any hope for a resolution.
Until now the Rabbanut was accustomed to canceling conversions retroactively...now they are canceling weddings, that they themselves performed, retroactively.
The Rabbanut claims they had a hard time finding out information about the bride's background - they could not find the rabbi in South Africa that had married her parents way back when, so they just cannot confirm her status as Jewish. The fact that it was already approved is irrelevant as that was simply a clerk that was too hasty and made a mistake and approved it, not realizing they were in the middle of an investigation. Because they cannot confirm her Jewish status, she is not married.
As if her being Jewish depend son the Rabbanut investigator. It does not, and she very well might be married halachically even without the Rabbanut, but here is where the problems really begin.
3 months later the Rabbanut is saying the couple is not married. And the wife is pregnant.
That means, this child will be given the status of a non-Jew according to the Rabbanut. Just because the Rabbanut could not find old information. After they got pregnant after marriage because the Rabbanut said it was ok. And, even if really Jewish, the child will be illegitimate, until the Rabbanut says otherwise. And, how will this affect her need for a gett, at some point int he future if it should ever happen, God forbid? Will they make her have a gett or will they say she is not Jewish? And, how will that affect future children, perhaps from a different marriage to either a Jew or a non-Jew - will future children be mamzeirim?
The biggest problem here is not even the mistake that was made. Mistakes happen, even with human victims and horrific ramifications. The biggest problem is the behavior of the Rabbanut in response to the mistake. As soon as they discovered the mistake they should have contacted the couple and let them know there was a problem and to avoid getting pregnant. Besides for that, they should have doubled and tripled their efforts to find a resolution, so that they would not have to destroy these people's lives.
Instead they simply avoided the couple for three months and simply writes it off as a mistake without offering any hope for a resolution.
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Looks like there is information missing from this report.
ReplyDeleteSounds strange that the couple were not aware that there was an issue with her status. Also South Africa has an organized Rabbanut, and the vast majority of Jews there affiliate with Orthodox communities, so in most cases it would be very straightforward to find marriage records of a wedding that took place there, even a generation ago.
I don't know details about this case, but the way that it is reported doesn't add up. Either the Rabbanut made a massive blunder which is inexcusable, or the couple deliberately deceived the clerk/Rabbi involved with the wedding, or there is further information about this case that wasn't reported.
agreed. information is missing and we dont know what the rabbanut was looking for or why it was difficult to find information, and that's why I did not comment on any of that. my comment is as to how they dealt with the mistake that they made.
ReplyDeleteThe Gemara says that if someone comes from far away and claims to be Jewish, they are believed. If someone gets married with witnesses, they are married, and no bureaucracy can change that.
ReplyDeletePut the two together, and she's Jewish and married. That Israel won't recognize the marriage is just the Rabbinate being a bunch of political hacks and paper pushers, and not so much a caring, Halach-oriented organization of Rabbis and Judges.
Why would the child, if Jewish, be a mamzer?
ReplyDeletethe child would not be a mamzer, but would they consider him a goy?
ReplyDeletethe mamzer issue would be regarding future children, if they would divorce at some point and she might remarry and have childrne with another man
The Mamzer question only comes up if the husband doesn't give a Get. If she's not Jewish, she doesn't need one, and if she is, she does. There's nothing to indicate that the husband wouldn't give a Get, as he has no reason to believe that his wife isn't Jewish.
Deleteaccording to the rabbanut they are not married, so she doesnt need a gett. but if she is really Jewish, then her marriage retroactively did work, no matter what the rabbanut says after the fact from a legal perspective (meaning, halachic weddings dont require the rabbanut, but legal ones in Israel do) and she would need a get. How does he give her a gett if they arent married? the Rabbanut rabbi they would go to would not know how to process it. and that is if he wants to despite being told he isnt married at all. Many people in his situation (seemingly not religious) would just go their merry way, once they decide to part ways.
DeleteOne can give and receive a Get that is valid, without dealing with the Rabbanut.
Delete