The Groom Panicked: “I’m a Kohen. I Can’t Marry a Divorcée”

The Torah places special laws and responsibilities upon kohanim. One of the most well known is the prohibition against a kohen marrying a divorced woman. While we no longer have a Kohen Gadol serving in the Beit HaMikdash today, many of the halachot connected to the priesthood still fully apply, including the restrictions regarding ritual impurity and marriage.

The Torah teaches that a Kohen Gadol may marry only a woman who has never been married before, meaning even a widow is forbidden to him. A regular kohen, however, is specifically prohibited from marrying a divorcée.

The Kohanim Never Forgot Their Unique Status

Rabbeinu Chaim Yosef David Azulai, known as the Chida, wrote that the Azulai family was a family of kohanim, and that their surname itself hints to this status. According to the Chida, “Azulai” is an acronym for the verse:
“Isha zonah ve’chalalah lo yikachu”
“They shall not marry a woman who is divorced or desecrated.”

The Chida explains that throughout Jewish history, even simple kohanim remained careful regarding these halachot. Even in places where Birkat Kohanim was not performed daily, kohanim continued observing the prohibitions against ritual impurity and marrying a divorcée.

What Happens When a Get Was Given Only as a Stringency?

A complicated halachic question arises in cases where a woman received a get only as a precaution or stringency, even though there may not have been a definite marriage.

In some situations, rabbinical courts require a get because of uncertainty surrounding a possible kiddushin, even when it is unclear whether a valid marriage ever took place. The question becomes:
Does such a woman also become forbidden to marry a kohen?

The Concept of a “Smell of a Get”

The Gemara discusses a case where a husband gave what is known as a “half get.” He told his wife:
“You are divorced from me, but you are not permitted to marry another man.”

Such a get is not fully valid according to halacha. Nevertheless, the Gemara rules that the woman still becomes forbidden to a kohen because of what is called a “reach haget,” literally “the smell of a get.” Even an incomplete or questionable divorce document can create enough halachic concern to disqualify her from marrying a kohen.

The Rashba’s Famous Ruling

Around seven hundred years ago, the Rashba, Rabbi Shlomo ben Aderet of Barcelona, was asked about a difficult case.

A couple had announced their engagement, prepared for marriage, and publicly lived as an engaged couple for a long period. Eventually, however, the relationship fell apart. Because of concerns that the gifts exchanged between them may have created a questionable form of kiddushin, local rabbis required the woman to receive a get as a stringency before moving on.

Later, the woman became engaged to a kohen. When he discovered that she had previously received a get, he became alarmed and argued that he could not marry a divorcée. The woman insisted that she was never truly divorced because the get had only been given out of doubt and precaution.

The disagreement eventually reached the Rashba.

The Rashba ruled that because the public knew she had received a get, and because at the time it was not clearly stated that the get was merely a stringency, she could no longer marry a kohen. Once the get became publicly established, it could not later be redefined retroactively as meaningless.

Can a Get Ever Be Retroactively Dismissed?

Another famous case took place in France involving a young woman engaged to a kohen.

One day, while sitting publicly, a strange man approached her, placed a ring in her hand, and declared:
“Behold, you are betrothed to me.”

The woman immediately threw away the ring and dismissed him. Nevertheless, her relatives worried that rumors might spread questioning her status, so they pressured the man into giving her a get.

Ironically, this only complicated matters further, because the kohen’s family then objected to the marriage, arguing that she had now received a get.

This case became the subject of a major dispute among the Tosafot.

Some authorities ruled that the get still created enough concern to prohibit her to a kohen. Others argued that since witnesses clearly testified that the supposed kiddushin was meaningless and invalid from the start, the get itself had no significance whatsoever and could effectively be disregarded retroactively.

The Final Halachic Ruling

Halacha ultimately follows the stricter opinion. Whenever a woman receives a get due to doubtful kiddushin, even if it was done only because of uncertainty, she is generally considered forbidden to marry a kohen.

Why This Prohibition Is Taken So Seriously

The prohibition against a kohen marrying a divorcée is treated with great seriousness in halacha.

A kohen who marries or lives with a divorced woman may no longer participate in Birkat Kohanim. In addition, a child born from such a union receives the halachic status of a “chalal,” meaning he becomes disqualified from the priesthood.

These halachot reflect the unique sanctity and responsibilities connected to the priesthood within Jewish law and tradition.