Tuesday, October 28, 2014

Yevamot 23 - Who is a Jew?

Earlier, we mentioned that a child born to a slave woman or a non-Jewish woman is not considered Jewish. As a result, many family laws do not apply. For example, the child is not included in the inheritance rules. If that child is a daughter, then the man's son can marry her after she converts. The Sages later forbade this marriage to avoid confusion.

How do we know this rule? – The Torah said," "Do not intermarry with them... for he will turn your children away from Me, and they will serve other gods" Why did the Torah say "he" and not "she" or" "they?" Because the relationship is not equal. He (the non-Jewish husband of your Jewish daughter) will lead your Jewish children astray. Hence, this is still your child. But she (the non-Jewish wife of your Jewish son) will not lead your Jewish children astray – because they are not considered Jewish, they are not "your" children for the Jewish law.

Can we deduce that in the opposite case, when a non-Jew marries a Jewish woman, the child is entirely kosher? – Not quite. He is not an illegitimate child; he is not a mamzer, but he is blemished: if the child is a daughter, she cannot marry a Kohen.

Art: The most devoted of her slaves by Briton Rivière

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