DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 1.02 MB)
If a Kohen Marries a Woman Forbidden for Him

There are certain women whom a Kohen is forbidden to marry, such as a divorcee. If a Kohen marries such a woman in violation of Torah law, then his children have the status of "Halalim." A son born from such a marriage ("Halal") is not considered a Kohen, even though the father is a Kohen, and a daughter born from such a marriage ("Halala") may not marry a Kohen. The Kohen himself, however, retains his status as a full-fledged Kohen despite the fact that he violated the special code of law of Kohanim. Even though he committed a Torah violation by marrying a woman forbidden for Kohanim, he is nevertheless considered a valid and ordinary Kohen.

The Aruch Ha’shulhan (Rabbi Yechiel Michel Epstein of Nevarduk, 1829-1908) raises the question of why this should be the case. Why are the Kohen’s sons disqualified for the Kehuna (priesthood), whereas he, who committed the offense, remains a full-fledged Kohen?

The Aruch Ha’shulhan answers by noting the principle mentioned in the Gemara known as "Yisrael, Af Al Pi She’hata Yisrael Hu" – "A Jew is a Jew, even if he sins." A Jew does not forfeit his status as a Jew if he or she violates the Torah. Sinners remain full-fledged Jews, despite the violations they committed. By the same token, a Kohen retains his status as a Kohen which the Torah conferred upon him, even if he violates the laws of the Kohanim. The children, however, never had a status of Kehuna such that we could say that they retain their status despite the sin that had been committed. And therefore since they were conceived in a forbidden marriage, they do not obtain the status of Kohanim.

As mentioned, if a Kohen marries a woman forbidden for him, his sons have the status of "Halal" and are not considered Kohanim. They are allowed to marry any Jewish girl, just like ordinary Jewish men, but his children inherit his status and are considered "Halalim." Even though the marriage is entirely permissible, his children are "Halalim" just as he is a "Halal." Their last name might be "Cohen," but since they are "Halalim," they are not treated as Kohanim. This continues in the next generation, as well, meaning, the children born to the sons of a "Halal" are likewise "Halalim," and they bequeath this status to their sons, and so on.

A "Halala," however – meaning, the daughter born from a marriage between a Kohen and somebody forbidden for him – does not pass down this status to her children. If a "Halala" marries an ordinary "Yisrael" and has children, her children are considered ordinary "Yisraelim." Of course, the sons will not be Kohanim, since the father is not a Kohen. They are considered simply ordinary "Yisraelim," and the daughters are considered ordinary Jewish girls. They are not considered "Halalot," and may thus marry Kohanim, even though their mother is a "Halala."

Summary: If a Kohen marries a woman forbidden for Kohanim, he remains a full-fledged Kohen. A son born from this marriage, however, is considered a "Halal," and does not have the status of a Kohen. A daughter born from this marriage is considered a "Halala," which means that she may not marry a Kohen. The children of a "Halal" are also "Halalim," whereas the children of "Halala" are not considered "Halalim." Thus, the sons of a "Halal" are not considered Kohanim and they pass down the "Halal" status to their children, and the daughter of a "Halal" may not marry a Kohen. The children of a "Halala," by contrast, are treated in Halacha as ordinary Jews.

 


Recent Daily Halachot...
Hanukah – Lighting the Candles With Genuine Joy; Lighting With a Wax Candle
Hanukah – Spinning the Dreidel; Giving Gifts to Children and Teachers
The Custom Among Some Syrian Jews to Light an Extra Candle on Hanukah
Hanukah Candles – Arranging the Candles in a Straight Line; the Proper Place for Lighting
Chanukah- Should One Skip Al HaNissim To Catch Up for Nakdishach
Proper Handling of Leftover Oil and Wicks from the Hanukah Lights
Chanukah- Fasting, Eulogies and Mourning on Chanukah
Hanukah – If the Wrong Section From the Torah Was Read on Hanukah
If One Travels on Hanukah to a Place Without a Jewish Community
Hanukah – Must One Light the Candles Again if They are Extinguished After Lighting?
Hanukah – The Use of Floating Wicks
Hanukah – Reciting Hallel in a House of Mourning; Reciting “Mizmor Shir Hanukat Ha’bayit”
Hanukah – Does One Recite Shehehiyanu the First Time He Lights if He Did Not Light on the First Night?
Hanukah – The Halachot of Candle Lighting for Travelers
Hanukah – Is it Preferable to Use New Wicks Each Night, or to Reuse the Wicks From the Previous Night?
Page of 239
3585 Halachot found