Beautiful rabbinic letter with important and current content – an unknown responsum about the halachic validity of civil marriage. Entirely [approximately 350 words] handwritten and signed by the rabbinic wonder of Ashkenaz, the gaon Rabbi David Tzvi Hoffmann, author of Shu”t Melamed L’Ho’il . Berlin, 1912. To the best of our electronic examination, this responsum was not printed in his sefarim .
The responsum is addressed to Rabbi Hoffmann’s disciple, the rabbi of Prague, the gaon Rabbi Chaim Brody. Rabbi Brody asked his teacher, Rabbi David Tzvi Hoffman, whether civil marriage can be annulled without a get . “With respect to civil marriage, does the wife need a legal Jewish divorce decree – a get ” [because civil marriage has no halachic validity, perhaps there is no need for a get in order for the “spouses” to be allowed to remarry, which could resolve many problems of illegitimacy]. This question occupied gedolei Yisrael for a lengthy period.
Rabbi David Tzvi Hoffmann bases his lengthy responsum on the words of his primary teacher, the Mahara”m Schick, on this topic. He mentions the latter several times in his teshuvah . It is interesting to see Rabbi David Tzvi’s devotion, almost like that of the Chassid, with respect to his teacher, the Mahara”m Schick. When he determines the halachah in this responsum, which deals with a new and especially sacred innovation, he qualifies his words, as this inquiry was made in the presence of his teacher, the Mahara”m Schick, as a purely halachic issue, and not for practical application, he was concerned about deciding leniently on a topic not decided by his rabbi explicitly as practical halachah.
It is interesting to ponder the reason Rabbi David Tzvi Hoffmann omitted this important and wondrously well-reasoned lengthy responsum from his work of responsa. He cites contemporary poskim including Shu”t Ohel Avraham , siman 23, Rabbi Shlomo Schick, Teshuvot Rashba”n and more. How can it be that an important and current responsum not discussed by earlier generations, only becoming a subject in their time, the modern era, is not included in his book of responsa? As Rabbi David Tzvi writes in his responsum, if we are lenient and determine that there is no concern that marriage is involved here, such that the wife does not need a get , this could be abused by recalcitrant husbands and create obstacles in determining parentage, which could cause issues of illegitimacy. This may be the reason that Rabbi David Tzvi chose to omit this responsum from his sefer .
Refer to the Hebrew catalog text for a brief biography of the gaon Rabbi David Tzvi Hoffmann .
[1] leaf. Official paper. 14×22 cm. Official letterhead. Entirely handwritten and signed by Rabbi David Tzvi.
Very fine condition. Fold mark.