Mamzer
| Halakhic texts relating to this article | |
|---|---|
| Torah: | Deuteronomy 23:3 |
| Babylonian Talmud: | Yevamoth 49a-b, 69a, 78b, 87b, Kiddushin 67b and 73a |
| Mishneh Torah: | Laws of Forbidden Relations 15 |
| Shulchan Aruch: | Even HaEzer 4 |
Mamzer (Hebrew: ממזר) in Halakha (Jewish religious law) is a product of certain illegitimate relationships between two Jews. That is, one who is born from a married woman as a product of adultery or someone born as a product of close relatives. The mamzer status is inherited by children; a child of a mamzer (whether mother or father) is also a mamzer. While the word mamzer is often translated as, "bastard" unlike the colloquial usage of bastard, a mamzer is not a child born out of wedlock or between people of two different faiths.
Laws of Mamzers
Other than with respect to the laws of marriage and other minor differences a mamzer is a full-fledged Jew. A mamzer is not a second class citizen and is treated with as much respect as other Jews. It is written in the Talmud that "A learned mamzer takes precedence over an ignorant high priest (Kohen Gadol)".
A mamzer and his or her descendants are not allowed to marry a regular (non-mamzer) Jewish spouse. He or she is permitted to marry only another mamzer, a convert to Judaism, or (in the case of a man) a non-Jewish female slave.
Since all marriages involving Jews in the State of Israel are in accordance with Halacha, a mamzer is only allowed to marry another mamzer or a convert. Often in these situations, the mamzer marries abroad and the marriage is recognized in Israel. In order to enforce this statute the Rabbinate of Israel keeps a list of mamzerim.
According to the Shulkhan Arukh, if there are rumors that a married woman is having an affair we do not suspect the children of being mamzerim since the majority of her relations are still with her husband, unless she is exceptionally adulterous. The woman herself is not believed to turn her children into mamzerim.
According to the opinion of Rabbi Moses Feinstein a product of artificial insemination from a mamzer is not a mamzer; there are, however, those that disagree with him.
In a related ruling, Rabbi Joel Teitelbaum declared that children born to a married woman artificially inseminated with the sperm of a man that is not her husband are mamzerim. However, most Poskim dispute this ruling.
The children of a mamzer, whether male or female, are mamzerim; likewise their children are mamzerim forever.
There are, however, a few exceptions. The product of a male mamzer and a female gentile slave is a gentile slave. This relationship is sanctioned by Halakha, even though it is forbidden for any other Jew to marry a gentile slave. In historical practice, this was the only method acceptable to Halakha to stop the mamzer status from continuing to the next generation. A convert who wished to marry a mamzer could convert to be a gentile slave and have many of the laws of a regular Jew. The children of the relationship are slaves, and can be freed. After they are freed they are regular Jews and are permitted to marry other Jews. This law is not currently practiced.
The child of a mamzer and a gentile woman is a gentile, who can in theory convert and be a regular Jew. However the relationship between the mamzer and the gentile is not permitted, as no Jew (and a mamzer is considered a Jew) is permitted to marry a non-Jew.
An incestuous relationship between two gentiles does not produce a mamzer.
The product of a married woman and a gentile man is not a mamzer. However, the child of a woman who is mamzer is a mamzer regardless of who is the father.