I was reading that a child born to a married Jewish mother to a father who is not her husband is a Mamzer (bastard). But what if the parents are both Jewish, neither of them are married but they have a child together?

What is the child considered in that case? Still a mamzer?


1 Answer 1



The rule is stated in Shulchan Aruch Even Haezer 4, 13:

איזהו ממזר? זה הבא מאחת מכל העריות, בין בחייבי מיתות בין בחייבי כריתות, חוץ מהבא מהנדה, שאף על פי שהוא פגום, אינו ממזר אפילו מדרבנן:‏

Who is Mamzer.? He who is born from one of the prohibited relatioship between Jewish persons, which is punishable by Karet or death, except nidda {which is punishable by Karet and does not lead to mamzerut} ....

Additionally if one of the parents is mamzer.

A relationship without marriage with a celibate woman is not allowed, but this is not categorized as a relationship which leads to mamzerut in offspring See SA EH 26, 1.

  • 2
    I think 4:26 is a better source to cite as it addresses our case explicitly. פנויה שנתעברה וילדה... ואם אותו פלוני הוא כשר, הולד כשר
    – Double AA
    Commented Feb 7, 2017 at 16:36
  • @DoubleAA yes but the point is that we follow the rov and the Chezkat kashrut, the original din penuya is in 26
    – kouty
    Commented Feb 7, 2017 at 17:07

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