DailyHalacha.com for Mobile Devices Now Available

Halacha is For Refuah Shelemah for
 Dovid Ben Chana

Dedicated By
anonymous

Click Here to Sponsor Daily Halacha
      
(File size: 1.02 MB)
If a Person Declares Himself a Mamzer

There is a Halachic principle called "Shavya A’nafsheh Haticha De’isura," which literally means, "He makes himself like a forbidden piece of meat." This principle establishes that a person who testifies to the forbidden status of an object or a person (including himself) is believed with respect to himself. If he claims that something is forbidden, his word makes it forbidden for him, even though there is no other evidence of its forbidden status.

A classic example of this Halacha is the Shulhan Aruch’s ruling in the Eben Ha’ezer section (Siman 4) regarding a person who arrives and declares that he is a Mamzer, the product of a forbidden relationship such as adultery. A Mamzer, of course, is forbidden from marrying. If a person declares himself a Mamzer, his declaration has the effect of making it forbidden for him to marry. Even though a person’s testimony about himself is not generally accepted, and nobody else affirms this person’s status as a Mamzer, his claim that he is a Mamzer results in a prohibition for him to marry, by force of the rule of "Shavya A’nafsheh Haticha De’isura."

Is this person allowed to marry a Mamzeret – a female Mamzer? Halacha allows a Mamzer and Mamzeret to marry one another. Seemingly, then, if we believe his declaration about his status as a Mamzer, he should be allowed to marry a Mamzeret.

In truth, however, such a person would not be allowed to marry a Mamzeret. The principle of "Shavya A’nafsheh Haticha De’isura" enables one to create a prohibition through a declaration of status, but not to allow something which is presumed forbidden. If we have no evidence of a person’s being a Mamzer, we cannot allow him to marry a Mamzeret, even though he professes to be a Mamzer. He therefore cannot marry anyone; his only option is to produce evidence that he is a Mamzer, whereupon he would be allowed to marry a Mamzeret. This is the ruling of the Bet Shemuel (commentary to Eben Ha’ezer by Rabbi Shemuel Ben Or Shraga Feivish, 17th century), and of Rav Yechiel Michel Epstein (1829-1908), in his Aruch Ha’shulhan (Eben Ha’ezer 4:42; listen to audio recording for precise citation).

This situation is comparable to a case of a person who is presumed to be a Kohen, but one day claims that he is not a Kohen. His claim is effective in denying him the privileges of the Kehuna, such as the first Aliya in the synagogue. However, his claim is not believed with respect to the special restrictions that apply to the Kohanim. Thus, for example, if a person is presumed to be a Kohen and then declares that he is not a Kohen and wishes to marry a divorcee, he is not allowed to marry the divorcee, unless he can produce evidence that he is not a Kohen. Since he had been presumed to be a Kohen, we cannot allow him to violate the laws of the Kohanim without proof that he is in fact not a Kohen.

Summary: If a person claims that he is a Mamzer, he may not marry anybody, even a Mamzeret, unless he can produce evidence of this status, whereupon he is allowed to marry a Mamzeret.

 


Recent Daily Halachot...
Succot- The Mitzvah of Building the Succah
Succot- The Proper Way To Shake The Lulav in Halel
The Proper Time To Say Selichot
Customs of Elul
The Shofar as an Alarm Clock
Hatarat Nedarim – Annulling Vows Before Rosh Hashanah and Yom Kippur
Reciting Tehillim During the Month of Elul and During the Ten Days of Repentance
Some Laws and Customs for the Month of Elul
The Proper Procedure for Reciting Selihot Without a Minyan
Selihot – The Recitation of the “Yag Middot”
Selichot and Tikun Hasot
Reciting the “Yag Midot” Without a Minyan
Performing Teshuva Each Day; Repenting for Negative Character Traits
Can a Man Represent His Wife in Hatarat Nedarim?
The Structure of the Selihot Service; Health as a Reward for Charity
Page of 239
3585 Halachot found