Mi Yodeya is a question and answer site for those who base their lives on Jewish law and tradition and anyone interested in learning more. Join them; it only takes a minute:

Sign up
Here's how it works:
  1. Anybody can ask a question
  2. Anybody can answer
  3. The best answers are voted up and rise to the top

One who commits incest is punished with Kares (spiritual separation from the divine source), and any product of incest has the status of a Mamzer.

One who has relations with a Niddah is also punished with Kares, yet the product of such a union does not acquire the status of a Mamzer.

Shouldn't the product of both unions have the same status?

share|improve this question
The form of this question is typical of questions and suggestions in the Talmud. I wonder if it's ever actually asked as such there. – Isaac Moses Jun 8 '12 at 18:12
I think the answer is that usually we have chayavei kares -> ein kidushin tofsin -> mamzerus. But by a nidda, although it is chayav kares, it is still kidushin tofsin. – jake Jun 8 '12 at 18:18
up vote 18 down vote accepted

The Gemara says in Kiddushin that it's derived from a verse "ותהי נדתה עליו" - that even when one is a Nidda, there still is "Haviya" (marriage). Therefore, Kiddushin by a nidda works.

If so, there are no issues of Mamzeirus.

share|improve this answer
this drasha is on yevamos 49a/b – moses Jun 10 '12 at 16:47
Whence the logical jump from Chalot Kiddushin to lack of Mamzerut? – Double AA Apr 30 '13 at 21:00

Your Answer


By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.