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GENERAL: Kohen marrying a divorcee
kevin asked:
If the kohein is able to cast doubt as to whether he may or may not be a
kohein, is he allowed to marry a divorcee ( a jewess who has a get). My
understanding is that if the Kohein is able to cast doubt this is allowed by
the Beth Din. Can one cast doubt by looking at the gravestone of his
grandfather - where the gravestone does not reflect that he was a kohein?
kevin, jhb south africa
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The Kollel replies*:
If a Kohen cast a doubt on his Yichus Kehunah then his status would be at best
Safek Kohen and he would certainly be forbidden to do something which is Asur
mid'Oraisa such as marrying a divorcee. Furthermore he might forfeit his
rights to receive the first Aliyah of Keri'as ha'Torah and to say Birkas
Kohanim.
There is a Teshuvah of the RIVASH (94) that says that Kohanim today are only
Safek Kohanim. Based on this Psak the Maharshdam (EH 235) allowed a Kohen to
marry a Shevuyah (woman who was held captive by non-Jews) because it is only an
Isur mid'Rabanan, or because it is a Sfek Sfeika (Safek whether he is a Kohen,
and if he is a Kohen, Safek whether the woman is forbidden to marry a Kohen).
Rav Moshe Feinstein (EH 4:12), however, argues that Kohanim today must be
treated like Vadai Kohanim since they behave like Vadai Kohanim. Since Kohanim
today Duchen and Duchening is Asur mid'Oraisa for a non-Kohen according to many
Rishonim therefore they have a Chezkas Kohen and must therefore behave like a
Vadai Kohanim, as the Gemara says (Kidushin 80a) Soklin Al ha'Chazakos.
Rav Moshe Sternbuch told me that a Kohen would have to bring solid proof that
he is not a Kohen. The fact that there is no indication on the Matzeivah of
his grandfather that he was a Kohen is not enough.
See Rav Moshe Feinstein's Teshuvah (op cit.) of one case where he allowed a
supposed Kohen to marry a divorcee based on the testimony of his mother in
front of a proper Beis Din that she was forbidden to marry a Kohen and
therefore her son was only a Chalal. You will see from that Teshuvah that it
is not so easy for a Kohen to undo his status.
Kol Tuv,
Yonasan Sigler
*This is not a Psak Halachah
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