Hot answers tagged

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

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 ...


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

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

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 ...


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

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

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 {which 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 ...


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

The Chelkas Mechokek Even Haezer 7, 24 says that the halacha follows the vast majority of acharonim and and all Rishonim (that discuss the concept) which include Himself, Bach, Prisha Who quotes the Magid Mishna and Rambam, Beis Shmuel,Beer Heitev, Ginas veradim (pri megadim),the Gra,also Teshuvos Rashba 1201 that a Mamzer Cohen can be Metamei lemeisim. Even ...


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

Neither parent becomes mamzer. The man does not be changed because of this act. The definition of mamzer according to The Halacha is a man who is born from a prohibited relationship between two casher parents but the relashionship is prohibited by karet (nidda is an ecception to this rule) or punishable by death. A second case is the fruit of the ...


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

received an answer from Rabbi David Sperling of yeshiva.co: Shalom, Thank you for your question. First cousins are allowed to marry according to Jewish law. The children of two sisters (i.e. first cousins) are permitted to marry, and therefore there is no question at all of any mamzer status applying. [However one should be aware that there are ...


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 ...


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

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 ...


2

I don't know anything about this person's particular situation. For theory's sake: the product of an "adulterous union" is a mamzer. It would have to be a Jewish woman who was still married according to Jewish law to a Jewish man, and then has a child with a different Jewish man. And even then, only if this specific child was conceived "adulterously." If ...


1

You ask: Does lacking a get affect children before conception, at conception, or at birth? The answer is: At conception. The problem of mamzerut is when conception of a child results from a specific kind of prohibited intercourse between a woman A and a man B: If the punishment for this intercourse is "Cut-of" (Karet) or death and when at time of ...


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