[Avodah] Kiddushin and Bigamy

[Micha Berger]

On Tue, Dec 07, 2010 at 10:39:58AM -0500, Zev Sero wrote:
> Your position, on the other hand, seems to be that any kiddushin that
> violates a rabbinic law is automatically invalid, without the need for
> a specific rabbinic takanah to that effect...

Actually, I was thinking more about the das Yisrael. Not that one is
violating halakhah, but one is violating halakhah as BY actually observes
it. Which is more true for polygamy than not marrying kohanim.

R' Avigdor Nebenzahl makes RZS's point in
http://www.yutorah.org/lectures/lecture.cfm/736812/Nebenzahl,_HaRav_Avigdor
section "MARRIAGES MUST BE KEDAT MOSHE VEYISRAEL":
    ... A union that does not have the approval of the chachamim is
    viewed as if it never took place - it was not done kedat Moshe
    veYisrael. Despite the power to do so, Chazal were very hesitant
    to declare a marriage as retroactively null and void - its use was
    limited to specific cases. Even in situations of forbidden unions,
    such as those prohibited due to a lav or asei in which case according
    to the Gemara's conclusion the marriage does take effect, Chazal
    did not annul the marriage.
    Afkinu Rabbanan leKiddushim minei was not an innovation designed
    to uproot the Torah, it was rather reserved for specific cases and
    served to strengthen observance of the Torah.

Tir'u baTov!
-Micha

-- 
Micha Berger             Never must we think that the Jewish element
micha at aishdas.org        in us could exist without the human element
http://www.aishdas.org   or vice versa.
Fax: (270) 514-1507                     - Rabbi Samson Raphael Hirsch