Daas Torah - Issues of Jewish Identity: Sheldon Silver, New York

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Sunday, 18 May 2014

Tamar Epstein is free according to the Kaminetsky's - how they explained it.

Posted on 10:45 by viju
ORA has suddenly proclaimed that Tamara Epstein - after a number of years as an "aguna" because her husband would not give her a get  - was actually free to marry without receiving a get from Aharon Friedman. The obvious meaning is that she and her rabbinical advisors decided that she didn't need a get.

Rabbi Bleich in his discussion of Rabbi Rackman's "getless divorce" said Rabbi Rackman claimed that when a husband won't give a get on demand it "proves" he suffers from an unbearable blemish of cruelty  that no normal person would marry if she had known about it. Upon finding about it after marriage the marriage declared simply never having existed.

In fact a "getless divorce was approved by Rav Moshe Feinstein. But only if the following conditions were met. 1) There is a severe fundamental flaw(e.g.., cruelty or mental illness) in the spouse that preexisted the marriage that if known - the marriage would never have happened because 2)  no normal person could accept marriage to the person. 3) In addition he requires that the spouse leave immediately upon finding out about this "unbearable flaw".

These conditions clearly don't exist in regards to Aharon Friedman.    I have talked with Aharon and he manifested no sign of mental illness. Tamar Epstein has written that Aharon Friedman is a nice guy but just not for her. The head of the Baltimore Beis Din told me he doesn't understand why the marriage dissolved. They lived together long enough to have a child. It is hard to imagine what excuse the Kaminetsky's have other than the nonsense that Rabbi Rackman spouted that not giving a get indicates a fundamental flaw which shows that there never was a marriage.

A number of commentators have complained that before criticizing Rav Shmuel and Shalom Kaminetsky (her main rabbinical advisors) they should be contacted to hear their explanation. As has been reported a number of times - they were in fact contacted and they did not offer a meaningful explanation. The following is a report by one of our regular participants - Joe Orlow - of what happened when he called up for an explanation.  

Guest post - Joe Orlow

-----------
Tamar Epstein is married to Aharon Friedman.

The Organization for Resolution of Agunot (ORA) proclaims "Tamar is Free".

So I called ORA.

I spoke to someone there. Apparently "Free" to them means that Tamar is no longer an "Aguna."

They weren't going to tell me much more.

I called the Talmudical Yeshiva of Philadelphia. It took several calls but I reached Rabbi Shmuel Kamenetsky. I told him why I was calling. His reaction was: "...Heter Meah Rabbonim". He seemed to be making light of the whole thing.

I'm not sure if "Heter Meah Rabbonim" meant he didn't have information about how she was "Free", or if he was aware how she became "Free" and was sending me a message that he didn't want to tell me the reason.

I felt like a joker.

Rabbi Kamenetsky indicated that his son, Rabbi Shalom Kamenetsky, is closer to Tamar than he is.

I called the Yeshiva again, got Rabbi Shalom Kamenetsky's home number. Called the home number. I got the cell number. At some point Rabbi Shalom Kamenetsky and I connected by phone.

In the course of the conversation he said something like Tamar is "Mutar". That Aharon should give a "Get L'Chumra." I asked him how Tamar could remarry without it being revealed how she is allowed to remarry.

He told me that when someone is set to marry her, that information will be revealed to that person.

He inquired of me if I was interested in marrying her.

I think he was serious. It was not that he was trying to put me off. It was as if it had occurred to him that the reason I was pestering him with questions about Tamar Epstein's marital status was because behind my words was a desire to marry her.

I was taken aback then, as I am now, and am filled with disgust, fear, shock and loathing even as I write this. Someone was asking me if I want a married woman. I felt like I was standing at the Gates of Hell.

I had one last question before we ended our conversation. I asked him if I could quote him as saying that Aharon has not given Tamar a Get.

"You said that," Rabbi Kamenetsky shot back. Strange, I thought.

Consider. If there is a Get, wouldn't he just say there is? And if he's telling me that Aharon should give a "Get L'chumra" isn't that tantamount to saying Aharon has not given a Get? So why was it necessary for him to emphasize that he never said a Get wasn't given?

Perhaps he just didn't want me quoting him at all.

In summary, it was apparent from the conversation that Rabbi Shalom Kamenetsky was saying that if anyone is interested in marrying Tamar that they should contact him. I think he even said that explicitly.

It is with great reluctance that I write this, because some misguided young man may actually now contact Rabbi Shalom Kamenetsky, and this young man could come to, Rachmona L'tzlon, desire a married woman or even Chas V'Shalom marry her. The benefit to the community of publicizing the shenanigans outweighs this remote possibility. The Ways of H' are straight and the righteous walk in them and willful sinners will stumble in them.
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