[Avodah] [Areivim] short marriage

[Micha Berger]

On Tue, Nov 03, 2009 at 03:49:48PM -0500, Zev Sero wrote to Areivim:
: In R Michael Broyde's article attacking the Rackman...
: he writes that he has personally participated in annulment...

The gemara has hafkaas qidushin. But only of two types:
1- The qidushin is invalidated ab initio, "al daas rabbanan meqadeish"
or
2- The husband gives an invalid get, but the chakhamim make the get
count anyway.

Without a maaseh from the husband, never.

Maaseh shehayah... A woman survived the holocaust and did her research
and found out her husband is dead. Numerous rabbanim allowed her to
remarry so she did. Two children later, her first husband shows up.
Questions of mamzeirus, ch"v.

So, R' Zvi Pesach Frank had husband #1 give a get al yedei shaliach and
while the shaliach carries it, he renegs on the get bifnei eidim. Now
when the shaliach gives the get to the woman, it was not gittin but
hafkaas qidushin. And thus the marriage was anulled lemafrei'ah, and
she wasn't an eishes ish at the time of remarriage.

Now, would we rely on this engineering if it wasn't involving the Shoah,
survivors, bedi'eved, someone who actually asked rabbanim and was given a
heter to remarry, and possible children stuck in mamzeirus? I don't know.

Tir'u baTov!
-Micha

-- 
Micha Berger             It isn't what you have, or who you are, or where
micha at aishdas.org        you are,  or what you are doing,  that makes you
http://www.aishdas.org   happy or unhappy. It's what you think about.
Fax: (270) 514-1507                        - Dale Carnegie