Halakhic Query to David Oppenheim

The incident was as follows: A woman came before me from a backwater Jewish town weeping bitterly over the sins of her youth, as she had been unfaithful to her first husband before she married her current husband. From her many stories and comments, I have extracted her version of events as appears below. After she was divorced from her first husband—due to a quarrel between them rather than on account of her deeds that required repentance—she still held onto her impure ways and attached herself to “wicked mice,” or Jewish bandits, who are called “head mice” in these places. Now, a certain Jew had already joined her on the way, serving as her adviser, and according to her, he was as wicked as they were. He told her that the bandits had eyed her money, and that she would be unable to escape with her life and property. He therefore advised her to marry So-and-So, the bandit, and the woman agreed.

They wanted to hold the wedding in the town of Kojetín, Moravia. However, the rabbi of that community did not want to officiate at the wedding because she was nursing her child at that time. One of that group of wicked men was the son of a righteous individual, whom I will not name, in order to spare him shame, as he was a great and renowned rabbi. That man declared that he would officiate at the wedding, instead of the [community] rabbi. They therefore left that place for a village that was about a mile and a half away, taking with them a prayer leader or sexton from the community, who—according to the woman—was also one of the bandits, the one who would store and guard all their possessions [see Genesis 39:4]. They used some kind of sheet as a wedding canopy, and the ceremony was a source of great amusement to them. The man who was conducting the wedding stole something from the purse of a gentile lady during the proceedings. The whole occasion was a matter of laughter and mockery, so much so that the woman did not know whether or not the ceremony had been performed in accordance with halakhic requirements. All she knew was that the husband gave her a golden band with a simple stone that was fake, and she saw it at the time and, fully aware that it was fake, she placed it on her finger.

Present at the ceremony were those wicked men, including her matchmaker, the one who had earlier joined her on the way, and the other man from Kojetín. After the wedding, she was not shown any affection by her new husband, and she was also impure, and he did not come near her. Even a few days later, after she had immersed herself from her impurity, he did not engage in relations with her. About two weeks after the wedding, they traveled to some forest. As soon as they got there, the groom said to the woman, “You harlot! Give it to me. Do you imagine that the wedding was real; we wanted nothing other than your money. Give me this document here.” At that, the woman took the document and gave it to him, without knowing whether it was the marriage contract or some other document. He tore it up, took all of her possessions, and sent her away. Likewise, all those wicked people who had been with him at the canopy told her that the whole wedding was a pretense.

Several years later, a few of those wicked individuals, including the man who had officiated at the wedding, happened to be at the same inn as the woman. She asked them whether she required a bill of divorce from the man, and they replied that it was an entirely mock ceremony. The one who had officiated himself added that as the son of a Torah scholar, if he had thought that she was actually married he would certainly not have let her remain in that state. The woman further claimed that she asked a number of scholars, and they informed her that the wedding ceremony was of no consequence. However, she did not approach an av bet din [head of a court] or a halakhic authority, but only some scholars, for [she has cast down] many wounded, etc. (Proverbs 7:26),¹ and they gave her a lenient ruling.

This incident occurred more than ten years ago, and unfortunately the woman married another man immediately afterward, with whom she has raised children during these ten years of marriage. She maintains that the husband heard about the reprehensible incident, but he too was informed that it was all a joke, and scholars likewise told him that there is no concern that the earlier marriage might be valid.

Now the woman wishes to repent for all her sins, and yet she considers this transgression a permitted act. I therefore ordered that the couple must be separated until I can go to the great authorities. Though I am merely an ignorant man, a minor student deliberating before his teachers, I will speak carefully before the rabbis, so I do not come across as a simpleton who simply says, “what is this?” I will arrange my words before our honorable master, the splendor of our exiles, the light of the exile, the gaon, glory of Israel, the Moses of our generation, the western lamp, our teacher, R. David Oppenheim, av bet din and head of the yeshiva in Nikolsburg, in the province of Moravia, whose net is cast over all our brethren in the exile, all of whom are in need of his Torah, may his countenance shine towards us, Amen, selah.