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Marriage and its obstacles in Jewish law : essays and responsa / edited by Walter Jacob and Moshe Zemer
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96
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SEPARATING THE ADULT FROM ADULTERY

divorce. Subsequently, the adulterous party has asked the rabbi to officiate at the marriage tothe other person. Should the rabbi comply with the request?**

The inquiry implies that theacrimonious divorce was a result of the adulterous relationship and this is thus a clear case of classic adultery. But it implies even more. It also conveys the sense that a legitimate conundrum exists, and that, indeed, there might be compelling reasons why the rabbi ought to comply with the request. No branch of Judaism had, up until this point, gone on record as relinquishing the traditional halakhic prohibition of marriage to the paramour. As a result, the question itself demonstrates that the attitude of later twentieth-century progressive Jews toward adultery had so relaxed that theadulterous party saw no need totest the waters by first asking if such a relationshipentered into civillywould bdiavad be acceptable. The questioner evinces no hesitation in directly requesting a rabbinic blessing of this relationship begun in adultery. In any prior period of Jewish history, the notion of parading ones adultery before a rabbi and asking such a question not only would have been the cause of profound embarrassment, but also would have been unthinkable. In 1986, contemporary attitudes combined with the reality that the couple could easily step outside the community and marry under non-Jewish auspices required the rabbis to furnish an answer.

There can be little doubt that, in the context of this particular teshuvah, theadulterous party would have been well satisfied with the answer provided. For, after a review of the traditional prohibitions against formalizing a relationship with the paramour, Rabbi Walter Jacob ruled as follows: