In a weekly shiur given by HaGaon HaRav Yaakov Yosef, the rav last week addressed the issue of mamzeirus and non-frum weddings.
The rav explained that he believes if a rav must be mesader kedushin for a non-frum couple he should adopt the position of HaGaon HaRav Eliyahu Bakshi Doron Shlita and use pasul witnesses. The rav spoke of the differences between frum and non-frum couples, and the understanding in the religious world that a husband and wife remain loyal to one another, the concept of kedushin.
The fear is that a kosher chupah may lead to mamzerim among non-frum couples, with the rav explaining the women in these marriages are not always faithful and then if children result from forbidden unions the result is mamzeirus. The rav feels there are solutions for most halachic issues but not mamzeirus, prompting him to recommend using pasul witnesses, like the fathers of the chosson and kallah.
By having an invalid chupah, then at least if the worst occurs the children are not mamzerim.
“If the couple does tshuva and becomes shomer mitzvos, they can always have a kosher chupah at that time and their children can come to the chupah and rejoice with them” he adds.
One of the questions posed to the rav are the brachos recited under the chupah since the chupah is invalid. The rav explains that the mesader kedushin tells the tzibur to recite Baruch Hu U’Varuch Shemo for each bracha, at which time the mesader kedushin says “למדני חוקיך”, thereby eliminating the bracha levatala.
The rav explained that many rabbonim do not use this method, admitting it is quite problematic but undoubtedly the lesser of the evils that must be addressed when marrying a non-frum coupl
This is disturbing! Why should we assume the worst in people... why should we deprive chilonim of the mitzvah of a proper marriage! They came to a Rabbi to do a mitzvah how can we stop them? If we are worried about people being unfaithful why stop at non-frum? What about frum people!? Why don't we just do our jobs and let Hashem worry about the mamzarim?
