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The Maharik
(Moreinu Harav Yosef Kolon zt"l -- Italy,
1420-1480, student of the Maharil)
Relations
between parent and child can become quite complicated,
especially as both get older. What happens when
a parent does not approve of a child's life choices
- career direction, choice of marital partner,
etc.? Does "Honor your father and your mother"
apply in these situations? The Maharik dealt with
such a situation in 15th century Italy and his
direction is quite relevant today. The following
is a translation and adaptation of an excerpt
of a responsum from Sheilot Uteshuvot Maharik
(164:3). It is presented solely for educational
purposes and not as a practical halakhic source.
Especially with responsa literature, extrapolating
from one case to another can result in serious
halakhic mistakes.
[Rabbi Dr. Gerald Blidstein's book, Honor Thy
Father and Thy Mother was very helpful for background
material.]
Question:
Do parental objections to a child's choice of
marital partner carry any halakhic weight?
Response
There are three reasons why, if the match is to
an appropriate person, that the parent's objections
need not be heeded.
1.
A child is not obligated to suffer the pain
that not marrying someone fitting in order to
honor his parents. The Gemara discusses who
is responsible for footing the bill for parental
honor and concludes that the son is not responsible
to spend his own money. A child may feed, clothe,
and care for the parent using the parent's own
money. If a child does not have to expend money,
he certainly does not have to go through a painful
marriage to honor his parents.
2.
A parent forbidding a child to marry a desired
mate is tantamount to telling him to transgress
a mitzva. The Talmud says (beginning of the
second chapter of Kiddushin) that a man may not
betrothe a woman before seeing her, lest he not
be attracted to her. This is based on, "Love your
neighbor as yourself." Other rabbinic sources
also emphasize the importance of marital love.
A father who forbids his son to marry the bride
of his choice is in effect telling him not to
observe "Love your neighbor as yourself." The
Gemara in Yevamot 5 rules that since both parent
and child are obligated to honor G-d, if parental
honor entails transgressing a positive or negative
mitzva the child may not follow the parental command.
The Rosh (Teshuvot HaRosh 15:5) applied this rule
to a father interested in his son prolonging a
feud. The son, who was interested in reconciliation,
was told that in this instance he must ignore
the parental command for it contradicts the Divine
one.
3.
The Torah commands honor and reverence of parents,
but does not legislate parental authority.
Honor and reverence are limited to acts that benefit
the parent. The Gemara speaks of honor as feeding,
clothing and attending to the parent's other needs;
reverence means not contradicting him, not standing
in his special place, not detracting from his
status. However, the mitzva is not a blanket obligation
for a child to obey all of his parent's commands.
Determining whom the child marries is outside
the scope of parental authority. [The Sefer Hamakneh
holds that a child is obligated to fulfill any
parental commands as long as they do not contradict
Torah or Rabbinic ones. A number of Rishonim seem
to go against this approach.]
Conclusion
The Maharik's response has an interesting conclusion.
After making a strong case for allowing a child
to marry against parental wishes, he raises two
very strong question marks about applying it to
the particular situation presented to him. The
case presented to him was quite complicated. One,
the child had made an oath that he would not marry
the particular woman in question (the circumstances
surrounding the oath made it questionable). Second,
the son had in some way been involved with the
woman in question before she was divorced from
her first husband, and he apparently was not above
suspicion.
Note
The Maharik's response relates to whether a child
has a halakhic obligation to follow his parent's
instructions about whom to marry. It goes without
saying that it is wise and prudent to listen to
parental advice and wisdom, especially when the
parent is transmitting the Torah's values.
It
is also obvious (but needs to be restated) that
in the event that a child finds him/herself halakhically
or morally unable to follow parental directives,
friction between parents and children should be
kept to the bare minimum.
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