ARR 474-477

CCAR RESPONSA

American Reform Responsa

151. Non-Jewish Clergy Participating in a Jewish Wedding with a Rabbi

(Vol. LXXXVII, 1977, pp. 100-102)QUESTION: May non-Jewish clergymen participate in a Jewish wedding ceremony together with a rabbi?ANSWER: We are here concerned not with a class of mixed marriage, but with the participation of non-Jewish clergy in the ceremony of two Jews. This question involves the general status of Christians in Jewish law, as well as their capacity in any Jewish service. It is clear that the Talmud, already having begun to consider pagans of its day differently from the more ancient heathen, did so also with Christians. The precise attitude toward Gentiles during the five centuries of Talmudic times depended upon specific circumstances. Thus, Simeon ben Yohai could be uncomfortably negative: “The best of the Gentiles should be killed in time of war” (Yer., Kid. 66c, with full reading in Tosafot to A.Z. 26b; Soferim 15.10). On the other hand, it was possible for Meir and Judah Hanasi to have warm, friendly relationships with Gentiles (B.K. 38a) or for R. Chiya bar Abba to say in the name of R. Johanan that Gentiles outside of the Land of Israel are not idolaters, that they merely continue to follow the customs of their fathers (Chulin 13b). By the Middle Ages, Christians were no longer classified as idolaters (Meir of Rothenburg, Resp. #386). Rabbi Isaac of Dampierre placed Christians in the category of Noahides and not of pagans (Tosafot to San. 63b and Bech. 2b). Menachem Meiri (1249-1306) went further by stating that Christians and Moslems who lived by the discipline of their religions should be regarded as Jews in matters of social and economic relationships (Beit Habechira to Avoda Zara 20a). Maimonides stated that a Christian or a Muslim should be considered as a Ger Toshav (Yad, Hil. Melachim 8.11 and Hil. Teshuva 3.5; Hil. Edut 11.10, etc.). This point of view became normative, and Christians, as well as Muslims, were considered to be in the same category as the Gerei Toshav. This was the point of view accepted by Caro in the Shulchan Aruch (Yoreh De-a 148.12; also Tur, Yoreh De-a 148). It was expressed most forcefully by Moshe Rifkes, author of the Be-er Hagola to the Shulchan Aruch (Choshen Mishpat 425, at the end of the column). The statement is remarkable because the author himself was an exile (from Wilna to Amsterdam) who had fled from anti-Jewish riots. He says: “The sages made reference only to the idolaters of their day, who did not believe in the exodus or the creation of the world, but these people among whom we are scattered believe in the creation of the world and hold with the essentials of religion, and their whole intention is to the Creator of heaven and earth. So it is not only not prohibited to deliver them, but it is our duty to pray for their welfare,” etc. The status of the Gentile in the general application of Jewish law had, therefore, changed, and thus positive opinion of Gentiles was re-emphasized at the beginning of the modern era by Emden, Bacharach, Ashkenazi, and other Orthodox authorities (see A. Shohet, “The German Jew: His Integration Within the Non-Jewish Environment in the First Half of the Eighteenth Century,” Zion, vol. 21, 1956, pp. 229ff), as well as Mendelssohn (“Schreiben an Lavater,” Schriften, 1843, vol. 3, pp. 39ff) Since the Christian has been equated in the legal tradition with the Ger Toshav, we must inquire about the latter’s status. In economic and social matters a Ger Toshav is considered equal to a Jew, but he has no status in connection with the ritual obligation of the Jew. A Ger Toshav would not be considered part of a Minyan, or part of the quota for Mezuman, or suitable for leading Jewish worship service (Orach Chayim 199.4). Similar considerations would prevail in the case of a wedding. The officiating individual (Mesader Kiddushin) must be Jewish. Nothing would prevent a non-Jewish clergyman or friend from participating in the less essential parts of the service as a social, non-religious gesture. He might add a prayer (without trinitarian references), give a homily, or be included in the wedding party. This would be considered appropriate and within the bounds of Jewish tradition. Rabbis, whose regular officiation at weddings is attested at least since the 14th century (Abrahams, Jewish Life in the Middle Ages, p. 216), should read the major portion of the service. The wedding liturgy could also be so arranged that the non-Jewish clergyman’s participation would not interrupt the Jewish service, and, therefore, no one would have the impression that the Gentile participated in the actual ritual. Jews who have been married by a Christian minister (with a civil license) alone would, of course, be considered civilly married, but the marriage could not be considered Kiddushin. In passing, we may note that the question of the status of a marriage of two Jews or Marranos by Christian clergy arose following the legislation in Spain, when Jews married in this manner fled to neighboring lands where they could once again live openly as Jews. These marriages, performed by Catholic priests, were not considered valid Jewish marriages (Isaac bar Sheshet, Responsa #6 and 7). This decision may have been partly prompted by the fact that often only one partner survived the attempt to escape; if the marriage was invalid, then no proof of death was necessary, and no inheritance problems, etc arose. The only exceptions to this rule were those marriages conducted under the Inquisition which had been preceded by a Jewish ritual held privately at home before ten witnesses; in that case the marriage was considered Jewish, since the Catholic ritual was conducted only for the sake of the authorities (Duran, vol. 3, #47; for more on this see, A. Freimann, Seder Kiddushin Venisu-in). These decisions cast no aspersion upon marriages performed by Christians between two Christians, which were, of course, considered appropriate and valid (Isaac bar Sheshet, #6; Maimonides, Yad, Isurei Bi-a 14.19). We may, therefore, summarize: At a Jewish wedding it would be improper for a Christian minister to co-officiate with a rabbi on equal terms. The essential portion of the wedding ceremony must be performed by the rabbi; the minister may, however, participate through a greeting, a homily, etc., in such a fashion as to preclude any inference that he or she is performing or validating a Jewish rite. A minister may be a member of a wedding party.Walter Jacob, ChairmanSolomon B. Freehof, Honorary ChairmanStephen M. PassamaneckW. Gunther PlautHarry A. RothHerman E. Schaalman

If needed, please consult Abbreviations used in CCAR Responsa.