12

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?

  • 1
    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
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    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
18

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.

  • 2
    this drasha is on yevamos 49a/b – moses Jun 10 '12 at 16:47
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    Whence the logical jump from Chalot Kiddushin to lack of Mamzerut? – Double AA Apr 30 '13 at 21:00

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