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- P'ninat Mishpat
A Jewish man and woman got married as refugees in a far-flung camp in the Soviet Union during WW II, and the marriage was recorded in Russian documents. After the war, the couple went to Poland and parted ways. The man immigrated to Israel, and the woman went to France. She started living with a man and had a daughter. Eventually, she decided to marry the man officially, but the French authorities would not allow it, as her documents listed her as married to the first man. She requested from her "ex-husband" to divorce her, which he did in Israel, with a religious divorce at the Rabbinate (which is how it must be done in Israel). Afterward, she had a civil marriage in France but not a religious one. There is now a question about the personal status of her daughter, as she could potentially be a mamzeret (illegitimate) as she was conceived while her mother was still officially married to someone other than her father.
Ruling:
There is limited evidence that the couple of refugees might have been married in a manner that has halachic significance. First, there is a Russian government document that says that they got married. However, at those times, rabbis or knowledgeable Jews were scarcely found in that area (Uzbekistan), making a halachic wedding unlikely. They claim in fact that there were not even any other Jews in the camp. Considering that both of them were active communists, there is no reason to suspect that they made efforts to have a halachic wedding. Second, they applied for a get to be done in Israel as if they had a Jewish marriage that needed to be ended. However, both of the parties said that there had been no chupa or any other elements of a halachic wedding and that they told beit din otherwise only because she needed a get to enable her to remarry in France.
There is a major halachic discussion if a couple that publicly lives together after a civil marriage is considered married by virtue of living together. The consensus of poskim (Rav Ch. O. Grodzensky and others) is that a get is not necessary if she has great difficulty getting one, and this is the standard approach in the Israeli batei din. This is based on the Rivash’s responsum regarding concealed Jews who married in front of priests, which he sees as an indication that they were not interested in a halachic marriage. The Terumat Hadeshen says similarly, and this is the ruling of the Shulchan Aruch (Even Haezer 148:6) and the Rama (ibid. 26:1). Only when there is an assumption among acquaintances that a couple had a Jewish wedding was the D’var Avraham stringent, which is not the case here. The personal status of the woman’s daughter (fear of mamzerut) is no less of a need (allowing us to consider the marriage void, as we believe) than the situation of a woman having difficulty with a get, and thus she should be permitted.
P'ninat Mishpat (829)
Various Rabbis
123 - Support for Sons Not Living With Their Father
124 - Status of Child of Woman Who Had Civil Marriage
125 - The Status When the Marriage Proves Unviable
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P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
