Episode #125 of the Stack Overflow podcast is here. We talk Tilde Club and mechanical keyboards. Listen now

Hot answers tagged

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.


11

(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., ...


10

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.


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 ...


9

Torah Temimah (text here) cites the Sifri here (my loose translation): גם דור עשירי – נאמר כאן דור עשירי ונאמר להלן בעמוני ומואבי דור עשירי (פ׳ ד׳) מה דור עשירי דלהלן עד עולם אף דור עשירי שבכאן עד עולם It says here "the tenth generation" and it says later "the tenth generation" (verse 4), just as "the tenth generation" later [may not marry in] forever, ...


8

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 ...


8

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 ...


7

Even though it's an old question, still I would like to answer it, as my native country was heavily involved in this very sad historical event. One of the most important work on the issue is the essay of R' Tzvi Hirsch Meisels זצ"ל of Vác (Waitzen), who wrote in 1946 Kuntres Takanot Agunot right in the Bergen Belsen DP camp after the liberation (see original ...


7

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 ...


6

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 ...


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

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 to ...


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 is ...


5

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 ...


5

Mamzerut is not a punishment for the deed, the punishment ends with the death of the parents, if it applies. Mamzerut is a situation, a מציאות . I think of it as a genetic disease, or a social/geographical condition in which the child is born because of the parents . I shall add some mekorot later.


5

No. 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 {...


5

A mamzer (bastard) is born from an illegal (forbidden) marriage or adultery. However, regarding a gentile, BT (Sot. 26b) states: דאמר רבי יוחנן משום רבי ישמעאל מנין לעובד כוכבים ועבד שבאו על הכהנת ועל הלוייה ועל בת ישראל שפסלוה שנאמר (ויקרא כב, יג) ובת כהן כי תהיה אלמנה וגרושה מי שיש לו אלמנות וגירושין בה יצאו עובד כוכבים ועבד שאין לו אלמנות וגירושין בה ...


5

Marriage between first cousins are allowed in Judaism. aish.com writes explicitly It is permitted under Torah law for cousins to marry. In fact, the Sages seem to view marriages between relatives as desirable. The Talmud recommends that a person marry his niece (Yevamot 62b). [...] The assumption is that a person will have an especially close ...


5

If she is still having relations with her husband at the time and is only one off relations G-d forbid with someone else we say in Sotah 27a and Shulchan Aruch even haezer 4,15: אשה מזנה בניה כשרין רוב בעילות אחר הבעל A woman who is adulterous under her husband, her children are Kosher as most of her relations are with her husband If she is ...


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 ...


4

The halacha is that he is not a mamzer. See Yebamot 16b: On account of the slaves of Solomon,' the reason is quite intelligible, because he may hold the opinion that the child of a heathen or a slave who had intercourse with a daughter in Israel is a bastard. 23a: Said Rabina: From this it follows that the 'son of your daughter' who derives from a ...


4

Since the term "mamzer" is not what the current English term "bastard" is used for, I will use the correct legal term. One should be aware that in many places the term "mamzer" is translated as "bastard", but should be careful to understand that the meaning is the technical and legal term used in the Torah and not the English connotation (which can include ...


4

Yes. Shulchan Aruch, Even HaEzer 4:18 יִשְׂרָאֵל שֶׁנָּשָׂא מַמְזֶרֶת, אוֹ מַמְזֵר שֶׁנָּשָׂא יִשְׂרְאֵלִית, הַוָּלָד מַמְזֵר לְעוֹלָם: Shulchan Aruch, Even HaEzer 4:19 גּוֹי וְעֶבֶד שֶׁבָּאוּ עַל הַמַּמְזֶרֶת, הַוָּלָד מַמְזֵר. וְאִם בָּאוּ עַל בַּת יִשְׂרָאֵל, בֵּין פְּנוּיָה בֵּין אֵשֶׁת אִישׁ, הַוָּלָד כָּשֵׁר, וּפָגוּם לִכְהֻנָּה: Shulchan ...


4

You pretty much hit the nail on the head here. If a couple is Halachically married, and they don't get a Halachic separation, they remain married and all further relations are adulterous (with all the negative results that come with it). This is a straightforward Mishnah (first one in Kiddushin) and no later authorities disagree. The Mishnah says (stripped ...


3

The product of adulterous relations between a married Jewish woman and a Jewish man who is not her husband is a mamzer. Genetics shchmenetics. (The more common question is the converse -- married woman gets donor sperm from a Jewish man who's not her husband. Rabbis Moshe Feinstein and Shlomo Zalman Auerbach ruled that's not a mamzer as there were no ...


3

In the Chelkas Mechokek Even Haezer 7, 24 it states that the halacha follows the majority of acharonim which include Himself, Bach, Prisha Who quotes the Magid Mishna and Rambam, Beis Shmuel,Beer Heitev, Ginas veradim,the Gra also Teshuvos Rashba 1201 that a Mamzer Cohen can be Metamei lemeisim. Even though the Shulchan Aruch E.H 7,14 argues that the first ...


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 ...


Only top voted, non community-wiki answers of a minimum length are eligible