A posek can tell you who to marry

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  • #619024
    Lightbrite
    Participant

    “Da’as Torah – What Are Its Halachic Parameters In Non Halachic Issues”

    Speaker: Rabbi Hershel Schachter

    “Whom to marry, whom to vote for, what parnassah to choose are all haalchic shaylos.” -YUTorah

    Just read in a blog that Rabbi Schachter said that if a rabbi new the bride and groom well enough, and he could tell them to get married, which would be halachically binding.

    #1210217
    catch yourself
    Participant

    More accurately, a Rabbi can tell you whom not to marry (i.e., Kohen who wants to marry a divorcee).

    I do not believe that Rabbi Schachter said that if a Rabbi knew the parties well, his opinion that they should marry each other would be Halachically binding.

    Even Yitzchak Avinu (a Navi) couldn’t impose his wishes upon Yaakov Avinu – marrying the daughter of Lavan was a suggestion, not a command.

    Likewise, choice of career can be governed by Halachic considerations. Again, this is usually in the negative (Halacha can disallow certain occupations in some circumstances). I am not aware of any circumstance where Halacha would mandate an individual assume a particular career.

    Whom to vote for presumably follows the pattern.

    #1210218
    takahmamash
    Participant

    I would find the original quote, or ask Rav Schachter shlit”a directly. Sometimes people sensationalize things to suit their own agendas.

    #1210219
    Joseph
    Participant

    My understanding of Rabbi Schachter is that he indeed said a Posek could theoretically issue a halachicly binding ruling that Person X must marry Person Y.

    #1210220
    zahavasdad
    Participant

    It could be the Rabbi Knew “Something was going on” and therefore required the couple to get married

    #1210221
    Joseph
    Participant

    The author who quoted RHS, that LB referenced in the OP, wrote:

    “I saw R. Schachter and asked him about this matter. He reaffirmed his position, stating that whom one marries is a halakhic matter and therefore a posek can indeed tell you whom you must marry. He added that this is almost always theoretical since in order to make such a ruling the posek would need to know both the bride and groom for many years so as to be sure that what he is saying is correct. But he also insisted that if the posek does have the requisite knowledge he can indeed give a binding pesak about whom one must marry.”

    #1210222
    Joseph
    Participant

    Da’as Torah – What Are Its Halachic Parameters In Non Halachic Issues

    Speaker: Rabbi Hershel Schachter

    Date: Feb 13, 2014

    Relevant comment at 1:14:30

    http://www.yutorah.org/lectures/lecture.cfm/807758/Rabbi_Hershel_Schachter/Da’as_Torah_-_What_Are_Its_Halachic_Parameters_In_Non_Halachic_Issues

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    #1210223
    catch yourself
    Participant

    Takahmamash is absolutely right. Without hearing it directly from Rabbi Schachter (or someone whom I trust, who tells me that he heard it directly), I refuse to believe this quote is accurate. It was either deliberately or mistakenly distorted.

    #1210224
    Lightbrite
    Participant

    Twas the reference indeed

    #1210225
    blubluh
    Participant

    Which posek’s ruling prevails if the rav of the chasson rules differently than the rav of the kallah or are we only discussing the case where both chasson and kallah agree on the same posek?

    In the latter case, haven’t the two parties tacitly agreed to abide by the decision of the posek? If so, what’s the chiddush?

    #1210226
    Lilmod Ulelamaid
    Participant

    I heard from Rav Orlofsky that someone (I don’t remember who) said that Daas Torah does not apply to whom you marry. This makes sense to me since according to Halacha, the person has to agree to the marriage (as we learn by Rivka). Also, it is a very personal matter, and your Neshama knows whom you are supposed to marry (that is the idea of the Bas Kol according to an article by Dr. Benzion Sorotzkin).

    It makes sense to me that parnassah would be the same way. The Chovos Halevavos in Shaar Habitachon writes about how one is supposed to choose a parnassah based on what they are drawn to. That sounds to me like it has to be a personal choice.

    In Dr. Sorotzkin’s article, he compares choosing a parnassah to choosing a spouse, and he writes about how one has to decide for himself whom he marries. I think you should read the article, LB. I think you would like it. You can find it online. It is called “Finding the Bashert: Why is it so difficult to hear the Bas Kol?”

    Who to vote for is very different because that is not a personal decision, and it very much affects all of Am Yisrael, and you have no business making such a decision yourself.

    There may be other personal decisions that would require Daas Torah (maybe even everything else), but I think that these two areas, or at least choosing a spouse, are personal decisions.

    Disclaimer I: I do not have a source other than R’ Orlofsky’s quote. It could be that the article brings sources (I read it a really long time ago).

    Disclaimer II: I am not referring to cases in which there are specific issues involved that may require Daas Torah. Theoretically, a specific issue could include a guy (who has a chiyuv to get married) who is refusing to marry girls for no good reason, simply because he has commitment issues.

    Disclaimer III: While I don’t think I would ask Daas Torah about either of these issues, if a Gadol Hador tells you what to do without your asking, you should definitely take it seriously.

    #1210227
    golfer
    Participant

    !!!

    No way I can comment on any aspect of any of Rav H Schachter’s Halachic rulings.

    But–

    Do you all realize?!

    I think he just solved the shidduch crisis!

    #1210228
    Lilmod Ulelamaid
    Participant

    Golfer- lol. not sure about the divorce crisis though….

    #1210229
    Joseph
    Participant

    The Shulchan Aruch rules that beis din can physically coerce a person to marry against his will. So Rabbi Schachter isn’t making a chiddush here.

    Rabbi Schachter’s speech making this statement that a Posek can order two people to marry each other is available to hear directly from him as the shiur he said it at is available as a recording on yutorah’s site.

    During the same shiur, Rabbi Schachter said whom to marry, whom to vote for and what line of parnassa a person should choose are all halachic shailos within the purview of Daas Torah that a Posek is deputized to issue binding halachic rulings for a person to follow.

    #1210230
    Lilmod Ulelamaid
    Participant

    Just want to point out that I did not intend any disrespect to R’ Shachter in my previous post, c”v.

    As Takahmamash and Catchyourself pointed out, I have no reason to assume that he actually said this, and since it seems to contradict other things I’ve heard and learned, I’m assuming that there is a good chance that he didn’t.

    Also, even if he did say it, the way it’s quoted in Joseph’s post, it is so theoretical as to be pretty irrelevant l’maaseh, so my post isn’t really a contradiction.

    And of course, there are probably other opinions.

    #1210231
    Lilmod Ulelamaid
    Participant

    “During the same shiur, Rabbi Schachter said whom to marry, whom to vote for and what line of parnassa a person should choose are all halachic shailos within the purview of Daas Torah that a Posek is deputized to issue binding halachic rulings for a person to follow.”

    If he did say that, it is important to realize that that doesn’t mean that a person has an obligation to ask in the first place. Also, Gedolim don’t normally issue psakim in these matters (besides voting), and would probably only do so in very specific cases.

    #1210232
    yichusdik
    Participant

    It may be that halacha allows a Posek to do so. I’m way more interested in the individual who asks the Shaila.

    What human being doesn’t want to exercise their bechira in choosing the individual who will be their life partner?

    If you aren’t going to exercise it for such a momentous reason, which, aside from the enormous motivation of having an “ezer knegdo” and a partner in every endeavour; for which the Torah teaches “Al Kein yaazov Ish es Oviv V’es Imo”; which offers infinite opportunities for doing mitzvos; what will you exercise it for?

    And if you don’t want to exercise it at all, what is the point of your existence as a Jew, or as a human? Making holy choices pleases Hashem. Making no choices makes you a robot, and clearly HKBH gave us our greatest ancestors and Avos to demonstrate that.

    #1210233

    Who to vote for… very much affects all of Am Yisrael, and you have no business making such a decision yourself.

    Do you really think your vote in an election actually affects all of Klal Yisrael? (Even at the collective voting level, I’d be hesitant to say so.)

    #1210234
    rebshidduch
    Participant

    A posek is not Hashem. I will allow Hashem to send me a sign of who my basheret is.

    #1210235
    Lilmod Ulelamaid
    Participant

    “Do you really think your vote in an election actually affects all of Klal Yisrael? (Even at the collective voting level, I’d be hesitant to say so.)”

    In Eretz Yisrael, for sure! Every vote makes a difference.

    I read that there were Gedolim who refused to forgive people who voted against Daas Torah in an election in EY a few years ago.

    There was one election about 20 years ago in which the different parties flew people in from chu”l to vote. They obviously felt that every vote made a difference.

    I tried getting a free ticket a few years ago from the political parties for an election for mayor, but I was not successful :(.

    #1210236
    Lightbrite
    Participant

    Omgosh LU!!! I’ve read that article. Even printed it out months ago! I really did like it ~ so cool 🙂

    #1210237
    Lightbrite
    Participant

    yichusdik: It can happen that a rabbi can say it without the sheila.

    Last year I had a yichud (someone else was in the room, right outside the room, and the door was open) with a big rabbi (putting it lightly). I went with someone I was newly dating at the time.

    This bochur had a yichud right after mine. The rabbi told him point blank that I was his beshert and he needed to wait for me. It put a lot of pressure on the relationship, to say the least.

    It ended up not working out and I know it was for the best from Hashem. The way that I see it, now, is that I needed to go through that situation to gain strength in my emuna (which it really did launch after that). I still think that maybe the bochur was a beshert, but not for this lifetime.

    Anyway, I heard that rabbonim rarely tell people so bluntly who to marry, as this rabbi essentially did for him and me. Either way, it can happen.

    #1210238
    Lilmod Ulelamaid
    Participant

    LB – wow! I didn’t know anyone knew about it besides me and the one or two people I sent it to. I randomly found in online one day, and I never heard anyone mention it before.

    One of the most intelligent articles I ever read on the topic!

    #1210239
    Lightbrite
    Participant

    It’s amazing what you discover when researching how to find and know your beshert!

    #1210240
    Lilmod Ulelamaid
    Participant

    Lightbrite – unless the Rabbi was on the level of R’ Chaim Kanievsky, Shlita, he doesn’t know who your beshert is. Don’t believe him.

    And if he was R’ Chaim Kanievsky, he probably wouldn’t tell you who your beshert is.

    All the questions I have asked R’ Chaim about shidduchim had the same answer, “mah she’hi rotzah” (whatever she wants), and I wasn’t even asking who I should marry.

    #1210241
    FuturePOTUS
    Participant

    Here it makes a difference, if one district voted overwhelmingly for one candidate, they are very likely to help them in the future. Monsey will surely be rewarded for voting 90% for Trump, and I feel bad for Satmar.

    #1210242
    Joseph
    Participant

    FutureP: Trump won a majority of the vote in KJ.

    #1210243
    The little I know
    Participant

    I don’t quite understand the “psak” from RHS. But I tend to believe that his statement is completely theoretical.

    If a Gadol gives an instruction based on Ruach Hakodesh, that would be definitive. Without entering the debate on how to interpret the Rambam regarding Ruach Hakodesh, it is my personal opinion that there are those in Klal Yisroel whose gadlus merits them moments of Ruach Hakodesh, and they can achieve a plane of spirituality that is noteworthy. There are virtually hundreds of reports of such events occurring with tzaddikim and gedolim of the Chassidishe and Litvishe velt. Having said that, I am not one of those that believes that everything that these gedolim say is necessarily coming from Ruach Hakodesh, regardless of their greatness. My respect can be unlimited, but I do not need to equate them with the Avos.

    Since I cannot assume that everything is Ruach Hakodesh, I must be trusting of the judgment of the Rav. Here lies the problem. When presenting the question, have I made certain that every single relevant detail is accessible and part of the equation? I am assuming that the ability to judge all of these variable falls within the domain of the Rav’s skills. And that may also not be the case. There are simply too many limitations to emerge with a reliable psak on whom to marry. Again, a nice theory. But in practicality, I see it as impossible.

    As for parnosoh, there are also many variables that are relevant to the decision of which direction to go. Unfortunately, so many of the rabbonim and roshei yeshivos that would be consulted know terribly little about the working world. They likely know even less about the skills and personality of their talmidim, as the pattern of being interested in giving such life guidance is not popular today. What hurts is the quote (I heard this in the names of R’ Chaim Brisker and R’ Yisroel Salanter – whoever said it shared an amazing insight) – the job of the mashgiach in the yeshiva is ?????? ??? ????? ??????? ?? ??????. This suggests that the main responsibility is assist those who are downtrodden and depressed – to raise their spirits. You gotta know a talmid well enough to do that. Perhaps these gedolim were addressing only their generation. So the parnosoh thing is actually more realistic than the shidduch, but has been rendered a nice theory. What a shame.

    #1210244
    Avi K
    Participant

    Rav Moshe Soloveichik objected to his son’s choice. Rav Joseph Soloveichik wrote a very respectful letter whose bottom line was that he did not have to listen. RMS said that he was right. As for ruach hakodesh, that does not exist in our times except maybe one in a generation. Even then he does not pasken according to it. How many Jews perished because they were told not to leave Europe when they had the chance? There was a guy in Givat Shaul who was telling people who had been happily married for decades that according to ruach hakodesh they had to get divorced. Rav Mordechai Eliahu ran him out of town. There was another one in Maalot Dafna who claimed to check mezzuzot according to ruach hakodesh. Rav Yaakov Hillel tested him and found that he did not even know what the Shulchan Aruch says. Some have done much worse things which I doubt that the Moderator will allow to be mentioned. IMHO, it is absolutely prohibited to go to people like that.

    #1210245
    Lilmod Ulelamaid
    Participant

    Avi K – in the case you are talking about, he was telling him NOT to marry a particular person. Throughout this discussion, I was considering the idea of a Poseik or Gadol telling someone to YES marry someone.

    It seems to me that the two are very different. I can hear much more of a svara for a Poseik or Gadol to tell someone NOT to marry someone IF he feels that the potential spouse has specific deficiencies in hashkafa or halacha that will be bad for the person in question.

    It is much harder for me to see how someone can tell someone else that they MUST marry someone whom they don’t want to (again I’m not coming to argue against RHS).

    In the above case, it is possible that R’ Moshe deliberately refrained from issuing a psak and merely phrased it as advice.

    #1210246
    Joseph
    Participant

    A father can marry off his daughter, during certain ages, without her permission.

    #1210247
    Lilmod Ulelamaid
    Participant

    Joseph – how does that fit in with the fact that Besuel had to ask Rivka? Or was she at the wrong age?

    In any case, l’maaseh, I don’t think that anyone would say that it’s okay to do that nowadays. And maybe, once upon a time, it could be assumed that most people were Yarei Shamayim and had their daughter’s best interests at heart.

    #1210248
    Lightbrite
    Participant

    Joseph: I thought that was in certain cases for a father to marry his young daughter, still a child by today’s standards, to another man much her senior.

    Yet even then I thought that she has the ability to say whether she wants to continue with the marriage once she comes of age.

    Isn’t what you’re talking about more like a promise/commitment on the conditions that she will agree?

    #1210249
    Lightbrite
    Participant

    Yes this thread is geared towards the case where a posek tells Certain X to specifically marry Certain Y.

    In terms of not marrying, rabbonim do that already. The compilation of letters sent from the Lubavitcher Rebbe to individuals in shidduchim are quite resourceful. He talks about potential consequences that can cause issues during marriage if someone chooses to marry someone on a much different religious level and such. In most of those cases that I’ve read online, the Rebbe advised the person not to go through with the shidduch.

    Telling someone not to marry, and whether the person listens or not is a different matter.

    #1210250
    Lilmod Ulelamaid
    Participant

    Avi K – I’m also thinking that even if RMS agreed that RYBS didn’t have to listen according to halacha, that doesn’t mean that it was necessarily the right thing to do. In such a case, I would think the appropriate thing to do in such a case would be to ask Daas Torah (a Gadol Hador not related to him), and present his father’s objections.

    #1210251
    blubluh
    Participant

    I just listened to the recorded shiur and there’s quite a lot more to the discussion than just the conclusion presented here.

    Joseph described some of the qualities of a rav muvhak in post #7 above. Rav Schachter adds quite a few more and also discusses criteria in selecting one’s rav, all relevant to this topic.

    Clearly, we’re not discussing a case where some “posek” walks up to someone he’s never met and “paskens” that he should marry a woman about whom the “posek” also knows nothing about. Even Rav Schachter makes clear such behavior is not sanctioned by the Torah.

    At the end of the day we do believe in Daas Torah. But, we also have an obligation to be judicious in whom we anoint with that title.

    #1210252
    Lilmod Ulelamaid
    Participant

    “But, we also have an obligation to be judicious in whom we anoint with that title.”

    +1 million!

    #1210253
    Lilmod Ulelamaid
    Participant

    blubluh – thank you for clarifying Rav Schachter’s comments and pointing out that they were kind of taken out of context.

    I think it would be very problematic for anyone to walk away from this thread with the conclusion that a Rabbi can order them to marry someone whom they don’t want to marry.

    btw, it’s not a joke. I had teachers who tried to force me to marry someone whom I didn’t want to marry, and they tried convincing me that halachically I was obligated to listen to them.

    #1210254
    Lightbrite
    Participant

    Daas Torah. Who do we annoint? Does everyone have access to a rav who is at such a level that one can totally be open with him and he will certainly provide Ruach Hakodesh?

    Who decides who is up there?

    #1210255
    Lilmod Ulelamaid
    Participant

    “Does everyone have access to a rav who is at such a level that one can totally be open with him and he will certainly provide Ruach Hakodesh?”

    probably not, but then you should be aware that the Rav you are speaking to is not on that level and don’t assume that he can tell you who you should marry or that you should believe him if he does tell you.

    The Talmidei Chachamim in each generation know who the Gedolim are and the Gedolim of each generation know who the other Gedolim are and who the Gedolim of the next generation are.

    Even if you don’t have access to Gedolim, you should be able to find a Rav who does.

    #1210256
    ☕ DaasYochid ☕
    Participant

    I think it would be very problematic for anyone to walk away from this thread with the conclusion that a Rabbi can order them to marry someone whom they don’t want to marry.

    I didn’t listen to the shiur, but blubluh didn’t say that that wasn’t said. He said a rabbi can’t order someone to marry a specific person without knowing both parties.

    #1210257
    Lightbrite
    Participant

    So if the rabbi knows both parties in depth, was in a position that he could do such a thing halachically speaking, then he could theoretically order two people who are ambivalent about each other to marry.

    #1210258
    Lilmod Ulelamaid
    Participant

    LB – I think we’re talking about real Gedolim here. I think that was bluhbluh’s point. And a Gadol Hador would be unlikely to tell someone this except in very specific cases.

    It sounds like there are a lot of conditions to this issue. So unless you’ve listened to the entire shiur, I don’t think you should let it concern you.

    I certainly don’t think you should listen to any Rabbi you know who tells you to marry someone specific, since I highly doubt that any of the Rabbis you know are qualified to do so.

    If it does happen and you really are concerned, ask another Rav if you have to listen to the first Rav. And I am not talking about a LOR. I mean that you should ask someone much greater than that for such a serious issue. Personally, I would probably write to R’ Chaim Kanievsky and ask him. But if you’re not comfortable with that (and it might not be so appropriate for you to do so), you can email someone like Rav Leff. I actually think he might be a very good person for you to ask your questions to in general, both halachic and hashkafic.

    #1210259
    Joseph
    Participant

    How’s that much different than the old Jewish tradition of the father of the boy making an agreement with the father of the girl to marry their kids to each other in X number of years, when the kids themselves are currently young children?

    #1210260
    Lilmod Ulelamaid
    Participant

    Joseph- they don’t have to listen.

    #1210261
    mw13
    Participant

    I have nothing but the greatest respect for R’ Hershel Schachter, but I’m not aware of anywhere in SH”A or any other Halachic writings that would indicate that a Rav has the ability to issue a binding psak Halacha that two particular people *must* get married. This may have been taken out of context, or this may be R’ Hershel Schachter’s personal opinion that goes against the conventionally excepted wisdom of most Poskim.

    Either way, I second LU:

    I think it would be very problematic for anyone to walk away from this thread with the conclusion that a Rabbi can order them to marry someone whom they don’t want to marry.

    #1210262
    Joseph
    Participant

    mw13, Shulchan Aruch paskens that beis din can force someone to marry if he reaches the age and still doesn’t want to marry.

    #1210263
    Lilmod Ulelamaid
    Participant

    Joseph – That would only apply to a boy, and it still wouldn’t mean that they can force him to marry a particular girl (which is what we are discussing).

    #1210264
    Joseph
    Participant

    lilmod, if he doesn’t want to get married altogether, let alone to a particular girl, then beis din can force him to marry a particular girl in the absence of him choosing one.

    #1210265
    Lilmod Ulelamaid
    Participant

    fine, but you’re still talking about a case where he doesn’t want to get married at all. I don’t think that’s what we have been talking about. Although I did actually mention such a case as a possible exception in an above post (http://www.theyeshivaworld.com/coffeeroom/topic/a-posek-can-tell-you-who-to-marry#post-642538)

    And it’s pretty rare for someone to davka not want to get married. There are people who have a hard time actually doing it for whatever reason, but that doesn’t mean that they davka don’t want to get married.

    And if there are cases like that, I can’t imagine that a beis din nowadays would force them to get married. I also can’t imagine that there are too many girls who would agree to marry such a person. And I also can’t imagine that it would be very helpful for such a person to force him to get married. He probably either needs psychological help or has a good reason for not wanting to get married or both, and forcing him to get married would not be very helpful in most cases.

    On the other hand, there are many guys who want to get married in theory, but are either having trouble committing or have ridiculous ideas of what they are looking for (often extreme age differences), but don’t seem to have serious psychological problems Some of these guys might actually have been helped by a Beis Din forcing them to marry one of the girls whom they went out with and had no good reason for not marrying. But l’maaseh, no one is doing that. If that were really doable, it would be a great way to solve the shidduch crisis. There are a lot of older guys who are too picky and meanwhile they just keep getting older and older.

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