May a Kohen marry a divorcee or convert?

Marriages involving Kohanim (priests) are regulated by a number of special restrictions in addition to the general laws covering all Israelites. The Torah prohibits a Kohen from marrying women of certain specified categories: A divorcee, a profaned women, or a harlot. It ordains that any Kohen who makes such a marriage looses his priestly status [Lev. 21:6-7]...The Talmudic understanding of the word 'harlot' also encompasses the meaning "proselyte" (convert) and this suggests that maidens of that time, not born of Jewish parents, were barred from marrying priests because of the low standards of morality prevalent among the non-Jewish peoples of the period. Nevertheless, in all such cases the act of marriage was effective if a Kohen married in disregard of the prohibitions, and thus any children born of the union were legitimate.

Since the destruction of the Temple in Jerusalem, there have been no more sacrificial services, but the sanctified status of the Kohanim remains in force because of the belief in the eventual rebuilding of the Temple. In our day, when proselytes - and divorces - are both more common, there is more difficulty in enforcing the law. In 1954 the CJLS accepted a teshuva by Rabbi Isaac Klein which allowed such marriages. Two new teshuvot by Rabbi Arnold Goodman (1996) was later accepted by the CJLS, with no restrictions on the weddings being "modest" and with no loss of priestly privileges for the kohen. Klein's 1954 teshuva is actually far more traditional that many realize; it is based on these halakhic considerations:

(1) The Temple in Jerusalem is no longer extant; Kohanim are no longer needed to perform Temple services.

(2) According to the standard halakha, the priestly status of most Kohanim is doubtful, at best. Rabbi Isaac ben Sheshet (14th century) differentiates between authentic Kohanim of ancient times, and those who carry the title today. He rules that today's Kohanim, lacking documentary evidence of clear right to the priestly title, owes any privileges and obligations not simply to halakha (law) but rather to the force of minhag (custom). [Sefer Bar Sheshet, responsum 94, Lemberg, 1805]. Rabbi Solomon Luria (16th century) rules that because of the frequent persecutions and expulsions of Jews throughout history, Kohanim lost track of their genealogy. [Yam Shel Shelomo, B.K., ch 5, sec.35]. The Magen Avraham also rules this way in Magen Avraham, Orach Hayim, Hilchot Pesach, sec.457, sub-sec.109] Rabbi Jacob Emden ruled similarly, She'elot Ya'avets, part I, responsum #155.

(3) In the case of converts, the reason for prohibition is embarrassing and borders on Hillul Hashem. Rabbi Klein writes "It is our considered opinion that in our day there could not be a graver hillul ha-Shem than to declare that such a marriage is forbidden because the female proselytes are deemed to have the status of harlots because their people, even if not they themselves, were shetufim b'zimah [steeped in immorality]. If the rabbis of the Talmud considered the heathens of their day as shetufim b'zimah because of the high standards of morality of the children of Israel in their day, can we make such a distinction between Jew and non-Jew today? Neither situation obtains today. The non-Jews are not shetufim b'zimah and the children of Israel are not as morally pure as they used to be....Since the children of either such unions are legitimate according to traditional law, no harm is done even to those who wish to abide by the strict prescriptions."

Rabbi Goodman's 1996 teshuvah on a kohen marrying a gerushah (divorcee) uproots the Biblical prohibition, in accordance with the principal "Beit Din matnin la 'akor davar min hatorah." This was done because (a) the intermarriage crisis is an extreme situation, and we must support the decision of two Jews to marry, and (b) we no longer view a divorcee as a woman who has been discarded by her former husband and hence unsuitable as a spouse for a Kohen. His teshuvah on a kohen marrying a giyoret (convert) is based on principal 3 above; also, in light of the fact that Jews and non-Jews today often form relationships leading to marriage, and considering the intermarriage crisis, there should be an ongoing commitment to accept converts.

 

This section has been adapted from Rabbi Isaac Klein's "A Guide to Jewish Religious Practice, p.387-388, "Responsa and Halakhic Studies, p.22-26, and "Proceedings of the CJLS: 1927-1970", volume III, available from the United Synagogue Book service.