Kohain Marrying a Convert

Wednesday, December 16th, 2009/ 29 Kislev 5770
Kohain marrying a Convert

In the early part of the twentieth century, Rabbi Yehudah Leib Zirelsohn, leader of Agudat Yisrael in Bessarabia, wrote a responsa to an inquiry from a rabbi in Bulgaria about whether it was permissible for him to perform a wedding between a Jew who was a Kohain and a woman who was a convert.  Normally in Halacha, Kohanim are prohibited from marrying converts, but this case had unique circumstances in that the bride-to-be who had converted to Judaism, came from a prominent gentile family in their town, causing a great offense to the non-jewish population who couldn’t believe that after one of their daughters had voluntarily and wholeehartedly converted, was now going to be forbidden from marrying her chosen husband in the Jewish community; and also the couple themselves threatened to leave Judaism altogether and marry outside the faith if they were prevented from uniting under the Chuppah.  The very real threats of anti-semitic reprisals and even pogrom from the offended gentile community and possible apostasy by the couple rendered this an emergency situation– what then, the Bulgarian rabbi wanted to know, should he do and was there any leeway in the Halacha to deal with this case in a way that would bring peace and rightness to the situation?

The heart of Rabbi Zirelsohn’s response is that the elements to consider are the Torah prohibition, a mitzvah d’oraita,  of a Kohain marrying a convert versus a mitzvah d’rabim, a mitzvah of general wellfare, posed by the threat to the community from anti-semitic reprisal AND ALSO the threat of apostasy of the couple.  To this he says:

• “Certainly we must overlook the prohibition of the marriage of a Kohain to a convert for this couple which is on the brink of an abyss– in order to save them from an unceasing betrayal of the whole Torah (caused) by these two angry souls leaving the religion of Israel.”  (Yehuda Lieb Zirelsohn, Responsa Ma’arkehei Lev, Even HaEzer #72)

His conclusion was that the Bulgarian rabbi had permission from within the Halacha to marry the couple, provided that he made it known that he was not instituting a new precedent, and that he inform the groom that he and his children would be disqualified as Kohanim.

What an extraordinary responsa from one of the leading halachists of his day– made even more extraordinary because the factor that weighed most heavily in his decision was the danger of this couple leaving the Jewish people altogether if they were barred from marrying within the faith.  An awesome example of applying leniency within the halacha to meet the needs of the moment, while holding the absolute bottom line and spirit of the Tradition overall.

Well done, Rav Zirelsohn!  Todah Rabah!

Rabbi Sarah Etz Alon, Eber-Lat Living Lab