A Netanya Beis Din permitted a rare Psak Din for two children, ruling they are not mamzerim.
The children’s parents had gotten married in a civil ceremony in Cyprus, and were requesting to get divorced in Israel with a ‘get’ in line with Halacha. The couple told the Beis Din the reason they were never married in accordance with halacha, was since the woman was married in the past but was widowed when her husband was killed in a car accident a year after their Chasunah.
As they did not have children, the Beis Din had prohibited the woman from re-marrying until Chalitza was performed by her late husband’s brother. The woman and her current husband did their best to persuade the brother to come to Beis Din to perform the Chalitza, albeit without success. This led to their decision to get married in Cyprus since they could not under Rabbanut guidelines.
The couple had two children and then they decided to get divorced. The beis din had to rule on the status of the children, who were born without chalitza and from a forbidden marriage. The sofek before the beis din was if they were in the category of mamzerim born to a woman still connected to another man.
Av Beis Din of Netanya Rabbi Schneur Fardes immersed himself deep into the sugya, probing all the halachic ramifications of the situation.
In the psak, it was ruled the children are fine and are not mamzerim d’oraissa or d’rabbonon.
(YWN Israel Desk – Jerusalem)
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7 Responses
Why
Is it a chiddush that a Ben zekuka is not a mamzer? It is not even a karet to be with a zekuka only a lav!
Could someone clarify? Only R’ Akiva says children of issurei lav are mamzerim. The hallachah is like the Rabbanan, who say they are not. Thus, the children of a shomeress yibbum l’shuk should not be mamzerim.
yeshiva world, you should change your name to “AM HAARETZ world, because even a 10 year old knows that children born from a woman who did not get CHALITZAH are never MAMZERIM. even an AM HAARETZ knows that MAMZERIM are created only with an elicit relations that carries with it an ISSUR KARES
Why do you call this a rare PSAK DIN ? and by the way why is this newsworthy,if a BEIS DIN gives a PSAK,why is this any of your or our business?,
CHAIM.S
Logical psak as this was not in issur “kores’, but only a “lav”.
Everyone’s raising the obvious point. I wonder if there really was a serious deliberation- what’s the other tzad?
So many posters who are so sure of themselves. As I am not so sure, I searched around and sources mention (as example, but I do not have it on-hand to look up) Tosafos Yevanos 92b that the child may be a Rabbinic mamzer, and (as example) Or Zaurah that the child is a safek mamzer .