Early this week, Torahmusings.com linked to an article on the Modern Orthodox blog, Libi BaMizrach, which accused the International Beit Din of falsely saying that they were operating with approval from Rabbi Zalmen Nechemya Goldberg. The rabbi was given incorrect information about how the Beit Din is currently making decisions and then wrote a hand written letter, which was posted to the Internet, to disavow any connections between him and the new International Beit Din set up by Rabbi Simcha Krauss, Rabbi Ronald Warburg and Rabbi Yosef Blau in New York, created to deal with issues of igun.

The International Beit Din sent JLNJ a statement to clear up this misunderstanding, some of it caused by people making statements and drawing conclusions without checking with the sources first. This statement was issued on Wednesday by Rabbi Warburg.

“Rabbi Simcha Krauss met with Rabbi Zalman Nechemya Goldberg prior to starting the International Beit Din, to discuss halachic approaches to freeing agunot and received his approval for his methodology. Recently a rabbi under the impression that the Beit Din was using ‘hafka’at kidushin’ (annulling marriages) and knowing that Rabbi Goldberg had published his opposition to this approach, contacted Rabbi Goldberg and received the letter from him disapproving of the Beit Din.

“None of the rabbis connected to the Beit Din who would have corrected that impression were contacted. The Beit Din does not use ‘hafka’ah.’

“While a blog is not an appropriate place for a detailed halachic discussion a distinction between two approaches needs to be made. ‘Hafka’ah Kiddushin’ is based on the power of the rabbinate to annul marriages, ‘Kol hamekadesh al da’atan d’rabanan mekadesh,’ a power restricted to specific cases. Among the methods used by the Beit Din is “bitul kedushin” (voiding marriages) which is based on a major undisclosed flaw prior to the marriage or a mistake in the wedding ceremony.

“This method has been used by rabbinic courts in Israel and America. We are following in the footsteps of a well-trodden Mesora of contemporary poskim such as Rabbis Yehezkel Abramsky, Yehoshua Ehrenberg, Yosef Elyashiv, Moshe Feinstein, Tzvi Pesach Frank, Sholom Schwadron, Shmuel Stern, Ovadya Yosef and others.

“The International Beit Din has committed itself to transparency. In the future, our reasoned piskei din will appear on the Beit Din’s web site. We are fully aware that freeing agunot depends on their ability to remarry.”