Re: Definition of a Mamzer

--- Yaakov Ellis <yellis@xxxxxxxxx> wrote:

> The Jerusalem Post just posted this story: Mother insists on
> proving her son
> is a 'mamzer' 
> 
> ...Moshe's mother did not receive her *get* from her first husband
> until she
> was eight months pregnant, although they had separated long before.

> Now Moshe's mother plans to go to court to prove the truth.
> 
> Is this for real? The mother is claiming that she had no actual
> contact with
> the man who was her halachic husband at the time of conception.
> There might
> be a chazaka that "the majority of sexual acts take place with the
> legal
> husband", but in this case, we have the direct testimony of the
> woman that
> this is not so.

Interesting Shaila.

My quick answer is that we go to all lengths to prevent the so from
becoming a Mamzer. 1) Rov Bielos Achar HaBal. 2) Even though eid
echad neeman b'isrurim and a woman is beleived when she testifies
about Issurim, I do not think one can grant any ne-emanus to a woman
who would testify that her son is a Mamzer when it is clear that her
motivations are not religious but more in the realm of vendetta. But
even if she does have ne-emanus, my guess is that her Peh She-Asur
applies only to herself and not to others, incuding her son. It is
also very likely that she is not Shomer Shabbos and there is,
therefore, an automatic Psul in her Eidus.

But I don't think we even have to resort to this. We simply do not
believe her. There is precedent in Halacha for this. When a Cohen's
wife says she was raped, we do not tell her husband to divorce her
even though that is the Halacha in cases of rape. Many Poskim say
that we simply "do not believe her" and allow them to continue to be
married. I think there might be similar circumstanes here.

The only fly in the ointment is if she brings incontravertible proof,
such as DNA evidence. That might make things a bit sticky.

HM

Want Emes and Emunah in your life? 

Try this: http://haemtza.blogspot.com/

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