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I know there is a machlokes Rishonim (rambam / Rosh) if Kedushin is a Mitzva or Hecsher Mitzva for Pirya Verivya. Say one has children out of wedlock, is that Mitzva fulfilled or do we say its a Mitzva Haba Bavaira?

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    Even if it were considered a mitzva haba b'aveira, he would still be considered to have already fulfilled it, as we see that a ger who had children before he was megayer is considered to have fulfilled it (even though he's otherwise considered k'katan shenolad dami and as a goy he had no such commandment).
    – Loewian
    Nov 8, 2015 at 4:56
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    ph.yhb.org.il/14-06-06
    – HaLeiVi
    Nov 8, 2015 at 14:38

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Aruch Hashulchan 1:17:

Even if he has a son and daughter from an unmarried woman whom he did not marry with chupa and kidushin…, nonetheless he has fulfilled the command of p'ru urvu… for, after all, they are his offspring and fit to have children.

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The Rema in Even Ha'Ezer 1:6 writes that one fulfills the mitzvah of p'ru u'revu with a child who is a mamzer, which by definition is out of wedlock:

היה הבן ממזר... קים המצוה

If the child is a mamzer, he fulfills the mitzvah.

Minchas Chinuch Mitzvah #1 explains that it is not a mitzvah haba b'aveira using the idea of the Shaar HaMelech Hilchos Lulav 8:5, that a mitzvah haba b'aveira only undermines the fulfillment of a mitzvah when the aveira is done at the time of the fulfillment of the mitzvah, which is not the case by p'ru u'revu which is only fulfilled when the child is born. Minchas Chinuch supports this assertion with the fact that one is not considered to have fulfilled his obligation if he has not borne children, or the children did not survive, no matter how many times he has cohabited with a woman.

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    Technically, the father could be a mamzer and marry a mamzeres (or giyoret) and the child would be a mamzer without any new aveira being violated.
    – Loewian
    Nov 8, 2015 at 4:54
  • That is what i thought, but my question is really why is it not considered a Mitzva Haba bavira (im talking in a case where there is no Kedushin or a isur erva)
    – Ed Rosenberg
    Nov 8, 2015 at 5:11
  • @Loewian The words of the Rema, however, sound like it is the child who is the Mamzer.
    – HaLeiVi
    Nov 8, 2015 at 14:34
  • @EdRosenberg I edited to address that point. You should be clearer in your question posts about what exactly you mean to ask.
    – Y     e     z
    Nov 10, 2015 at 5:24
  • @Loewian Yes, but the Rema says it unconditionally.
    – Y     e     z
    Nov 10, 2015 at 5:25

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