Question:
I was asked by a divorcee today if she can marry a bal teshuva Kohen since she wants to do “הפקעת קידושין” (she claims there was a major bad information withheld from her, before the marriage, him being abusive …)
I told her that the Kohen might not be a halachik Kohen in the first place. I explained that if the Kohen’s mother or paternal grandmother had relations with a goy so the future offspring is not considered a halachik kohen anymore, (rather a challal). This could be a possibility, since his family is a few generations non-religious.
Should I have not given her that information over?
Answer:
I agree with what you said regarding trying to abolish the kiddushim that it seems quite skeptical, however this is a serious issue that must be dealt with in a responsible prominent Bais Din.
Regarding if you should have told her that she might be able to marry the kohen because he might be a challal, this is a sensitive topic. I don’t know the type of person you were talking to, and if it could cause her to decide this type of question on her own. Maybe let her know that although the possibility might exist, it isn’t simple at all, and it needs a big Rabbi, to decide something like this.
If you need the names of some Rabbonim in the state let me know
May You have much Hatzlacha, and May Hashem help this woman, remarry in the near future.
There are different schools of thought about whether one may be lenient about kohanei chazakah, and kohanim who were not observant of halacha. One should assume that if someone has a family tradition of being a kohein that he is a kohein. And only seek a kohen meyuchas for something like pidyon haben. Very occasionally there may be unusual circumstances where one must suspect that someone who believes himself to be a kohen is not really so according to halacha
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