733:(Jewish marriage contract/certificate) was never found. The rabbi who performed the marriage was contacted, but Rabbi Yosef wrote that his testimony could not be accepted without the ketubah, and in any event required corroboration by two witnesses. Attempts to contact the husband were abandoned after an adversarial conversation with his new, non-Jewish wife. Even if the husband could have been reached, he would only have been one witness, and his testimony could not have been accepted without a second witness. Thus, Rabbi Yosef concluded there was insufficient evidence that a valid prior marriage had ever taken place. Rabbi Yosef then proceeded to establish the possibility that the former husband might be the daughter's father. The mother testified that her former husband occasionally brought
738:
concluded that it was possible that the former husband was the daughter's father, and hence, Jewish law, which very strongly construes all evidence in favour of birth within marriage, had to presume that he was. Thus, Rabbi Yosef concluded that there was insufficient evidence of either a former marriage or that the new husband was the father, and hence, he concluded that there was insufficient evidence of
392:
608:; the meaning of "take precedence" is not explicitly explained by the Mishnah, nor by the Talmud in general, although the preceding part of the Mishnah uses it to refer to the priority in which people should be rescued from danger, while other parts of the Mishnah use the phrase to refer to the priority in which people should receive
1342:
907:
status by generally ruling that the child was born within the marriage, despite the existence of evidence to the contrary. This convenient formula sometimes causes difficulties for lovers or subsequent spouses who wish to assert paternity over a child which may be biologically theirs. A 2006 case, in
895:
among the categories of
Israelis which, Professor Shifman believes, should have the right to marry spouses of their choice, and, he argues, current Israeli law interferes with, and denies, this right. Professor Shifman and ACRI advocate ending the religious monopoly over marriage in Israel, and cite
849:
have come to consider the most logical understanding of the Hebrew to actually refer to a nation of people. Karaites believe that such an understanding fits perfectly into the context of both
Deuteronomy 23 and Zechariah 9, and several Medieval rabbinical Jewish sages felt it necessary to
737:
payments and came for visitation in person, and hence, the two were sometimes at least momentarily alone together. Applying an ancient rule that when a husband and wife are known to be alone together behind a closed door, the law presumes sexual intercourse may well have taken place, Rabbi Yosef
756:
status may be sufficiently robust as to cover virtually all cases of inquiry in the types of situations a congregation rabbi would be likely to experience. Nonetheless, Orthodox rabbinical authorities hold that while contemporary rabbis have authority to refine procedural rules such as rules of
792:
from the
Orthodox approach, noting that Conservative Judaism regards Biblical law as only the beginning of a relationship rather than a final word, and that the Conservative movement regards it as its role and responsibility to revise Biblical law from time to time when such law conflicts with
433:
A child born within 12 months of a woman's most recent meeting with her husband is presumed to be legitimate, since Jewish law believes that in rare cases, a pregnancy can last that long. However, if more than 9 months have elapsed, and she is known to have been unfaithful, then the
729:. The daughter brought up the question of her status herself prior to an impending marriage. Rabbi Yosef proceeded systematically to disqualify evidence that a prior marriage had ever taken place. The mother's evidence was immediately disqualified as an interested party. The
874:
status accords in Jewish law, Israeli civil law has taken the position that the paternity of a child born within a marriage cannot legally be challenged in civil courts, in order to avoid creating a body of evidence that might be used to declare the child a
430:. Any child born to a married woman, even if she is known to have been unfaithful, is presumed to be her husband's, unless she is so promiscuous that such a presumption becomes unsupportable, or if she enters a public relationship with another man.
686:
status is hard to develop and generally does not arise. Typically, it is impossible to prove either that a prior marriage ever existed, or that a child was born of relations outside that marriage. Orthodox rabbis always allow the suspect child the
691:
in this matter. This usually leads to the conclusion that at the time of a person's birth, their parents were married, or that the person is the child of a man and woman who were married to each other when the child was conceived.
908:
which a child born eight months and two weeks after a divorce, was declared the former husband's child, rather than the child of the wife's subsequent husband, and this was reported as causing a dilemma for the subsequent couple.
862:, the law concerning matters of marriage, divorce, and personal status, is partially under the jurisdiction of religious courts. For example, there is no civil marriage in Israel. The Jewish religious regulations concerning
1107:
editors: "But the
Vulgate, the LXX, and the authors of the canon law, take the Hebrew mamzer, (Deut xxiii. 2.) for the child of a prostitute; while some interpreters take it for a generic term, which signifies illegitimate
886:
status as a category in
Israeli family law has been criticized. An extensive review and opinion advocating the adoption of civil marriage in Israel, written by Prof. Pinhas Shifman and published in July 2001 by the
468:) was determined by the state in which it was found. If there were indications that the foundling had been abandoned due to the parents being unable to support it, then, halakhically, the child would not be a
656:
The status of mamzerim could even be relinquished, either by the mamzer marrying a servant or the mamzer becoming a servant themselves, with their status being immediately relinquished upon their release.
760:
Israeli law tries to prevent the conferring of mamzer status by refusing to allow men other than the husband or recent ex-husband from registering as a child's father without a court order. However,
472:. However, if the unknown parents could have supported the child, it was regarded as potentially being a mamzer. A child whose mother is known, but not the father, was known as "silent one" (Hebrew:
742:
status. Rabbi Yosef said, "The ruling therefore must be that there is very great reason to permit this woman to marry and enter the congregation of God, and as it appears to me have I written."
967:, c. 870 – 935) had the nickname "Manzer" or "Manser". As he is known to have been a bastard and reputed to have had a Jewish mother, this nickname is considered to be derived from
291:," Explained by the Rabbis to mean that the bastard cannot marry a son or daughter of Israel) Alternatively, the "congregation of the Lord" can refer to the legislature of ancient Israel
1047:
Hebrew and
English lexicon: with an appendix containing the Biblical Aramaic : coded with the numbering system from Strong's Exhaustive concordance of the Bible
1662:
1843:
519:
The biblical rule against certain people becoming part of the "congregation of the Lord" was interpreted in the Talmud as a prohibition against ordinary Jews
339:. The practical bearing of this ruling is that it excludes from such defamation a child born outside of wedlock, and which child is often wrongly called "
1750:
1487:
888:
1424:
764:
have the potential to reveal mamzer status by removing the protection of the presumption of paternity on the part of a married woman's actual husband.
721:. The mother eventually divorced and remarried civilly, and had the daughter years later. The daughter had been raised as an Orthodox Jew and attended
476:), and fell into the same category as a foundling; this status, however, could be changed if the mother knew and revealed the identity of the father.
1678:
773:
1798:
1725:
1320:
However, many equally prominent rabbinic authorities maintain that only actual physical relations would confer this status on the woman.
128:
788:
status under any circumstances, rendering the category inoperative. In doing so, the CJLS distinguished the
Conservative approach to
1432:
1158:
1825:
against a man calling another a Mamzer or illegitimate.... See Loewe, 11, note 9026 for the suggestion that the common name among
920:
435:
1765:
1375:
928:
279:
1655:
1869:
1081:
1864:
615:
Rabbis in the Talmud, and those in the Middle Ages, saw fit to spell out that, aside from in questions of marriage, a
1070:
584:
Although in many historical societies, illegitimacy of birth was a quality which could make a person somewhat of an
1104:
1100:
956:
491:. However, since these rules are regarded as applying only to Jews, and since traditional Rabbinical law regards
1041:
Francis Brown, Samuel Rolles Driver, Charles
Augustus Briggs, Edward Robinson, James Strong, Wilhelm Gesenius,
523:
such people. Although the biblical passage includes in this up to the tenth generation of the descendants of a
453:(2005) disagreed, and ruled that, since the child is known to be that of a man other than her husband, it is a
752:, commenting on this case, noted that the box of traditional tools Rabbi Yosef used to discredit evidence of
1838:
1642:
1360:
632:
340:
184:
152:
757:
evidence, they do not have the authority to abolish biblically mandated categories or procedures entirely.
1810:
1387:
1146:
688:
426:. It is irrelevant if the man is married or not. If one of the parents is not Jewish, the child is not a
1419:
991:
981:
932:
605:
188:: "from an unused root meaning 'to alienate'; a mongrel, i. e., born of a Jewish father and a
707:
status in a case where the evidence might appear to be clear-cut. The case involved the daughter of an
1817:. "Yet we have not come across a single instance of an illegitimate child or a child born of incest (
781:
745:
593:
1355:
1150:
1044:
976:
777:
407:
132:
915:, and the marital impediments inherent to it, is one of the arguments frequently used by Israeli
551:
385:
52:
236:
1744:
1295:
1182:
1164:
1154:
1025:
964:
802:
726:
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rabbi to a husband who subsequently converted to
Christianity and refused to participate in a
624:
461:
380:. Note, however, that an incestuous relationship between one or two non-Jews cannot produce a
1729:
1400:
971:. A similar explanation is offered also for the same nickname as used by another prince from
56:
1709:
1608:
1138:
749:
675:
585:
395:
1696:
445:
ruled that if a married woman is inseminated by sperm from another man, the child is not a
1666:
1551:
1092:
960:
859:
846:
450:
442:
112:
1139:
588:, this was not the official attitude of Judaism; apart from the marriage restrictions, a
327:
is the offspring of a biblically forbidden union for which his progenitors are liable to
1446:
492:
335:: Although he is liable thereby to extirpation, the child born from such union is not a
1351:
924:
761:
718:
714:
623:
should be considered as an ordinary relative for the purpose of inheritance, including
349:
331:
at the hands of heaven. An exception to this rule is when a Jewish man cohabits with a
85:
1858:
1528:
1428:
1346:
1303:
1117:
826:
609:
596:, and is supposed to be treated with as much respect as other Jews. For example, the
566:
784:
has declared that
Conservative Rabbis should not inquire into or accept evidence of
700:
173:
98:
1777:
987:
27:
In Judaism, a person born or descended from certain forbidden sexual relationships
422:. The child of a single woman and a man she could lawfully have married is not a
1826:
722:
270:; even to his tenth generation shall he not enter into the congregation of the L
228:
391:
1168:
1134:
916:
628:
344:
220:
296:
216:
972:
866:
are thus also the national laws imposed on Jews living in Israel, including
842:
838:
696:
403:
319:
is applied to the descendants of specific illicit unions. According to the
258:("born of a prostitute"). In English, it is often translated as "bastard".
207:(strange/alien), a euphemism for an illicit union in the person's lineage.
1799:
Barring "bastards": Israel's marriage blacklist said to break privacy laws
900:
status as an argument against the use of religious law in marriage cases.
251:
1822:
1628:, part 7, Even haEzer 6; addressed to Rabbi Grubner of Detroit, Michigan
834:
520:
415:
1643:"Open Beit Midrash: Perspectives on Mamzerim, From Sinai to the Knesset"
1345: This article incorporates text from a publication now in the
17:
1815:
The social life of the Jews of northern France in the XII-XIV centuries
1773:
1471:
1199:
1067:
1018:
789:
734:
730:
645:
640:
597:
320:
243:
102:
70:
38:
948:
867:
709:
535:
and his or her descendants are not allowed to marry an ordinary (non-
406:, an affair that produced a mamzer. Bronze bas-relief on the door of
332:
328:
304:
233:
196:
76:
63:
357:
can only be produced by two Jews but the product of a non-Jew and a
1492:, Committee of Jewish Law and Standards, EH 4.2000a, pp. 5587-585.
830:
822:
810:
570:
528:
439:
399:
189:
136:
46:
1660:, Committee of Jewish Law and Standards, EH 4.2000b, pp. 587-592
939:
by rabbinical courts, claiming they are an invasion of privacy.
818:
814:
619:
should be treated as an ordinary Jew. The Talmud insists that a
554:, or a non-Jewish slave. However, foundlings suspected of being
155:, since it does not include children born to unmarried mothers.
151:) is not synonymous with the traditional western definition of
215:
The term occurs twice in the Hebrew Bible. The first time is
495:
as only transmitted through the mother, the child of a male
682:
status, sufficiently strict that proof of the existence of
199:
explains the term homiletically as consisting of the words
569:
interpreting the "congregation of the Lord" as being the
558:
were not so free; they were neither permitted to marry a
449:, since it did not result from an act of adultery; Rabbi
376:. A child born of incest, as defined by the Bible, is a
1679:"When the Child Falls Through a Loophole in Jewish Law"
1296:"Assisted Reproduction through the Prism of Jewish Law"
870:. Because of the severe impediments to marriage which
850:
debate this topic with medieval Karaite Jewish sages.
531:
meaning "forever". Thus, in traditional Jewish law, a
139:), or the descendant of such a person. Mamzer status (
1697:"Court Orders Paternity Test Despite 'Mamzer' Factor"
1149:(2nd ed.). New York: Dover Publishers. p.
565:
This interpretation is not universally shared, with
146:
127:) is a person who is born as the result of certain
84:
62:
45:
37:
1636:
1634:
809:" is referenced similar to that of the nations of
879:, or create difficulties for a future marriage.
266:) shall not enter into the congregation of the L
1483:
1481:
678:is to require strict evidentiary standards for
260:
1336:
1334:
1332:
1330:
1328:
911:Nonetheless, the existence of the category of
1844:The History of the Norman Conquest of England
1417:This article incorporates text from the 1903
384:, and if the product of such a union were to
8:
289:shall not enter the congregation of the Lord
172:as the masculine noun form derived from the
140:
32:
635:see fit to repeat this, and confirm that a
388:, he or she would be the equal of any Jew.
248:
1821:) and there was even and there was even a
703:, establishing the impossibility to prove
604:should "take precedence" over an ignorant
527:, classical rabbis interpreted this as an
1401:"Deuteronomy 23 Matthew Poole Commentary"
1390:(verses 1-3 in some English translations)
943:Connection with French medieval nicknames
414:A child born of a married Jewish woman's
390:
1658:A Concurring Opinion Regarding Mamzerut
1011:
562:, nor even to marry another foundling.
1749:: CS1 maint: archived copy as title (
1742:
947:A persistent etymology of the surname
889:Association for Civil Rights in Israel
179:, having a meaning of spoilt/corrupt.
31:
774:Committee on Jewish Law and Standards
649:insists that it is permissible for a
487:(whether mother or father) is also a
7:
1846:: The reign of Eadward the Confessor
1447:"What is the legal definition of a "
483:status is hereditary – a child of a
542:The restriction does not prevent a
499:and a non-Jewish woman cannot be a
434:presumption does not apply. Modern
219:(23:2 in non-Hebrew versions). The
141:
116:
1609:"Deuteronomy 23 Gill's Exposition"
896:the existence and difficulties of
503:. However, the child of a female
25:
1354:; et al., eds. (1901–1906).
903:Israeli religious courts resolve
120:
1770:or to grow up without a father?"
1364:. New York: Funk & Wagnalls.
1340:
931:announced it would petition the
921:separation of religion and state
436:assisted reproductive technology
793:evolving concepts of morality.
592:is not officially considered a
1049:, Hendrickson Publishers, 2005
41:texts relating to this article
1:
1713:Commentary on Zechariah ix. 6
1376:Shulchan Aruch, "Even haEzer"
994:may have been referred to as
923:, and for the institution of
695:An example is a contemporary
168:Some have explained the word
123:, "estranged person"; plural
1536:– Laws of inheritance – 1:11
1239:Shulchan Aruch Even haEzer 4
1204:כל שחיבין עליו כרת בידי שמים
1099:1837 English edition p. 151
1097:Dictionary of the Holy Bible
935:to bar secret blacklists of
372:There are two categories of
234:
1764:Dayan, Aryeh (2006-09-07).
1598:Talmud, Yavamot 45b Tosefot
1427:, a publication now in the
1183:"Deuteronomy 23 Commentary"
1058:Strong's Concordance: #4464
661:Modern investigations into
438:has complicated the issue.
147:
1886:
1488:Rabbi Ellie Kaplan Spitz,
986:, a 10th-century count of
929:Center for Women's Justice
713:who had been married by a
674:The principal approach in
507:and a non-Jewish man is a
227:as son "of a prostitute" (
1294:Jakobovits, Yoel (2005).
1203:
295:The other occasion is in
135:(as it is defined by the
1829:"Manser" is derived ..."
1656:Rabbi Daniel S. Nevins,
990:who also was a bastard.
315:In the Talmud, the term
1839:Edward Augustus Freeman
1361:The Jewish Encyclopedia
1141:Guide for the Perplexed
1082:Deuteronomy 23:2-4, LXX
951:is connected to Hebrew
633:Joseph ben Ephraim Karo
600:teaches that a learned
129:forbidden relationships
1811:Louis Isaac Rabinowitz
1715:. See also Kimhi same.
550:, nor from marrying a
546:from marrying another
411:
402:for his adultery with
284:
249:
74:49a–b, 69a, 78b, 87b,
1445:Silberberg, Naftali.
1420:Encyclopaedia Biblica
992:William the Conqueror
933:Israeli Supreme Court
606:High Priest of Israel
515:Marriage restrictions
394:
1263:, "Even haEzer" 4:16
1251:, "Even haEzer" 4:15
1230:, "Even haEzer" 4:21
1218:, "Even haEzer" 4:19
782:Conservative Judaism
768:Conservative Judaism
689:benefit of the doubt
594:second-class citizen
571:Israelite government
311:Halakhic definitions
223:translates the term
185:Strong's Concordance
103:Jewish religious law
1870:Kinship and descent
1699:. 21 December 2007.
1147:Michael Friedländer
1045:Brown Driver Briggs
957:Ebalus of Aquitaine
778:Rabbinical Assembly
408:La Madeleine, Paris
347:. According to the
34:
1865:Jewish marital law
1665:2006-12-13 at the
1388:Deuteronomy 23:2–4
1153:(part 3, ch. 49).
845:, etc. From such,
653:to become a king.
552:convert to Judaism
412:
299:: "And a bastard (
211:Hebrew Bible usage
1572:– Sanhedrin – 2:9
1026:Babylonian Talmud
965:Duke of Aquitaine
882:The existence of
625:levirate marriage
577:Social status of
539:) Jewish spouse.
460:The status of an
303:) shall dwell in
246:translates it as
242:), and the Latin
95:
94:
64:Babylonian Talmud
16:(Redirected from
1877:
1849:
1836:
1830:
1808:
1802:
1795:
1789:
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1785:
1776:. Archived from
1766:"Better to be a
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1755:
1754:
1748:
1740:
1738:
1737:
1728:. Archived from
1722:
1716:
1710:Abraham ibn Ezra
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1202:4, Mishnah 13: "
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1145:. Translated by
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1125:
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1016:
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750:Daniel S. Nevins
676:Orthodox Judaism
670:Orthodox Judaism
353:, a new line of
333:menstruant woman
282:
280:Deuteronomy 23:2
273:
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217:Deuteronomy 23:3
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53:Deuteronomy 23:3
35:
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1008:
979:
961:Count of Poitou
945:
927:. In 2014, the
919:in calling for
860:State of Israel
856:
799:
797:Karaite Judaism
770:
762:paternity tests
672:
667:
643:. Similarly, a
639:can serve as a
582:
517:
462:abandoned child
451:Joel Teitelbaum
443:Moshe Feinstein
398:confronts King
313:
307:", a sea port.
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1587:Hoshen Mishpat
1583:Shulkhan Arukh
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1547:Shulchan Aruch
1538:
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1463:
1453:. AskMoses.com
1437:
1431:. See columns
1423: article
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1135:Ben Maimon, M.
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1101:Charles Taylor
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944:
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925:civil marriage
858:In the modern
855:
854:In Israeli law
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798:
795:
776:(CJLS) of the
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766:
719:Jewish divorce
671:
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