Later in the nineteenth century, Reform Judaism dealt with marriage impediments, but in a manner much different from that of the authors of the early reform responsa. These problems were solved by rabbinical conferences pronouncing declarations and resolutions by fiat, without any halakhic argument or justification by reference to rabbinical sources.
In 1869, the Philadelphia Rabbinical Conference resolved the problem of the marriage of a cohen to a divorcee or convert without referring to any halakhic precedents. This was accomplished by repudiating the status of cohen:“The priestly marriage laws, which are predicated upon the sanctity of the Aaronites, have lost all significance and are no longer to be respected.”
The technique of“solution by resolution” for marriage impediments such as halitzah and the status of converts was adopted by rabbinic conferences in Leipzig and Augsberg.
The Second Synod of Rabbis at Augsberg in 1871 resolved the problem of the remarriage of a childless widow in the following way:
The Biblical precept concerning the Chaliza has lost its importance since the circumstances which made the necessary levirate marriage and Chaliza no longer exist. The idea underlying this observance has become estranged from our religious and social views. The non-performance of the Chaliza is no impediment to the widow’s remarriage."
After this absolute declaration, which appears to obviate any ceremony of release, the resolution concludes with a surprising provision unknown in any other Reform decision related to a hala
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