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17

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.


9

There are only two ways out of a kosher marriage: a kosher get or death of a spouse. (Kiddushin 2a) It doesn't sound like any semblance of the former (a document handwritten by a Jew for the divorce of this specific couple including their names, the date, specific formulations, signed kosher witnesses, etc. presented to the wife by the husband again in ...


8

(Source: Sefer HaChinuch 576 in the Venice edition, 560 in the Frankfurt edition) The commandment in that verse doesn't really refer to entering the temple — the language is that he can't enter the assembly. This is the way of saying that he can't marry into the nation. However, to live in the same cities as them, to trade and do business with them, etc., ...


7

I agree with @ba, but will approach this slightly differently: We certainly understand how people with physical ailments are restricted from physical circumstances. You have to be in good health to go on roller-coasters, to go sky diving, etc. But Judaism is not just a physical religion of doing acts, it is spiritual as well. A person who comes into ...


6

These are my thoughts on the subject: We are all obviously familiar with the concept of reward and punishment: When you do what G-d wants, He will reward you; when you do what He doesn't want, He will punish you (Lev. 26:3). But why should He ever punish someone: "Do I desire the death of an evil person?" (Eze. 18:23). Sin is not inherently bad — the only ...


6

Hello Baal Rishon, and welcome to J.SE. It sounds like there's a very thorny situation underfoot, and this is going to require a real-life expert rabbi. I strongly recommend you contact the experts at the Beth Din of America. May G-d help everyone involved in this difficult matter, and may it be concluded in such a way that the pain to everyone involved ...


6

I don't know about modern poskim, but the Shulchan Aruch (Even HaEzer 4:19) rules that the child of a gentile and a Jewess independent of her marital status is not a mamzer but is disqualified from marrying a kohein (kohanim in general have stricter strictures restricting marriage). None of the standard commentaries there seem to disagree.


5

I do not know any classic authorities which discuss this but here is a take I believe to be consistent with Jewish thought. As noted in the linked discussion, the term bastard is a misleading translation. A mamzer is someone whose parents sexual relationship is inconceivable. The example I would use is that between a brother and a sister. We also apply this ...


5

See Encyclopedia Judaica's discussion of Mamzerim in Jewish Law. From there: In addition, the Mishnah cites a tradition that "Eliyahu will not come [in the future] to declare the pure, impure – nor to declare the impure, pure; nor to distance those who are near or to draw near those who were distanced, but only to distance those drawn near by force and ...


5

Fist of all, making women un-married retroactively is possible due to gzeira (decree) of Hazal (the rabbis), and gzeira has strength because "כל דמקדש אדעתא דרבנן מקדש" ("anyone effecting kidushin (marriage) does so intending it to be effective only to the extent instituted by Hazal") and the like. Tosafot in Gittin 33a ד"ה ואפקעינהו proposes this, and says ...


5

As discussed previously: 1800 years ago, it sounds like the Mishnah would permit a mamzer to marry a non-Jewish (actually, more like quasi-Jewish) slave woman; when that woman is freed she (and her unborn children) become full Jews. A (male) mamzer would thus be allowed to father a non-mamzer child this way. In contemporary times you can't just go out and ...


4

The Be'er HaGolah there (#36) cites the source of this ruling as the Mishna on Yevamot 22a. The commentaries (eg Kesef Mishnah) to the Rambam's citation of this law (Mamrim 6:11) make this point as well. The Mishna there says any son a man has, even a Mamzer (see how the Gemara derives this on the next page), counts as a son for laws like Chalitza/Yibbum, ...


4

You must mean a non-Jewish (actually, quasi-Jewish) slave, a "shifcha." (I.e. she was born non-Jewish, then underwent a part-conversion when she became a slave.) A born-Jewish, "ama ivriyah" goes free automatically upon reaching puberty, so that case is moot. I don't know whether the partial conversion given to a shifcha already wipes out all existing ...


4

Several possibilities I can think of here, just to add to Will's answer; you'll have to determine which of these makes the most sense for your situation: A mamzer is the product only of incest or adultery (i.e. a married woman with a Jewish man not her husband). Someone born out-of-wedlock is treated just the same as an ordinary Jew. I'm told it was not at ...


3

Our actions have consequences. Someone chooses to shoot someone, the victim gets shot. (As for why G-d allows that to happen, that's a broader question.) The Bible is making clear that adultery and incest are so bad, that before you ever think of doing either, be aware that any children resulting from it -- as a consequence -- will be prohibited from ...


2

First I'll address "How is it just to punish a child [sic] who did not have any participation in the sin?". I think this answer comes from Rambam's Moreh Nevuchim, but it may be from Gemara (I'll try to find the source). Punishing a child for their parent's sin seems like something unjust, but in reality it is the parent who is bringing about spiritual-harm ...


2

I don't know about the above case, but my Rav was commissioned by the gedolim in eretz Yisrael to cleanse a mamzer in the U.S using a similar tactic: The mishna says that a man threw a get to his wife in a public domain: If it lands "close to her", she's divorced. "Close to him", she isn't divorced. ""1/2 by 1/2", "she's divorced and not divorced. The ...


2

In Halacha there is a concept called "Neemanus", which means believability. Basically, in Halacha we need two kosher (not relative, not Rasha) witnesses. In certain cases, like by Kashrus of food, etc. we will be more lenient and rely on one witness, assumptions, etc. The reason for this difference is we follow a "chazaka" unless witnesses overturn it, so ...


2

Only a mamzer who is halachically classified as a mamzer "dosn't live" (2 witnesses). Mamzers who are questionably mamzers survive.* Rab Yehudah says in the future those uncertain-mamzers will be kosher Jews that Eliyahu won't have to sort through. (Where as if R. Yehudah had not posseked that way, then Eliyahu would have had to remove the bunches and ...


2

There is a Teshuva written over 150 years ago in Europe by the Shaalos U'Teshuvos Binyan Tziyon Siman 21 regarding a child that was born to unmarried parents. I guess such problems always existed.


2

The Tosfos quoted by Double AA answers (as far as I understand it): The point of אשת איש is not to specify the specific case involved, but rather to say it was from a capital case and emphasize that this Mamzer is a Mamzer according to the requirement that the relationship be a capital one (so don't think that we are being overly strict, we think it takes a ...


2

A mamzer is the result of a relationship prohibited to the point of spiritual excision (Mishna, Yevamos 4:13). There is no prohibition of any severity for relations with one's self. Every act of normal relations that is prohibited has a verse and explanation of what relationship between those two people forbids their relations. Homosexual relations, which ...


2

Update: It appears that the quoted site mistranslates the term "mamzer" as "bastard" which is totally incorrect. English does not have a term that directly translates the legal term "mamzer" as, while a mamzer is a "bastard", a "bastard" may not be a "mamzer". As a result, the entire analysis is untrue. When I looked at some other articles on that site, it ...


1

I've never in my life heard of any rabbi, no matter "how Orthodox" he is, asking a regular person who did not grow up orthodox to show papers to prove he's Jewish - as long as he claims his mother is Jewish. There is a Tosafoth in Tractate Yevamoth that states that anyone appearing before a rabbinical court and claiming to be Jewish is believed absent any ...


1

Rabbi Yitzchak Berkowitz clearly said in a halacha shiur that a Kohen cannot be a mamzer according to all poskim. The have no kedushas kehuna. Now, regarding people who claim to be Kohanim now days in general, many poskim say that they are not "really" kohanim and therefore we are lenient with not treating them as kohanim. See http://www.oraltorah.org for ...


1

As written by others the Mamzer status requires the highest level of certainty. However, other areas of halacha do not require the highest level of certainty. (For example, we do not require two valid witnesses to be a mashgiach in a kitchen) I believe the reasons for this is as follows. There is a halachic principle to that laws of hashem are "darchei ...



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