DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 1.01 MB)
May the Daughter of a Jewish Woman and Non-Jewish Father Marry a Kohen?

If a Jewish woman lives with a non-Jewish man and has a child from him, the child is considered Jewish. When it comes to a person’s status as a Jew or a gentile, the determining factor is the mother’s status. Hence, the child of a Jewish woman is a full-fledged Jew, even if the father is not Jewish.

If a daughter was born from a relationship between a Jewish woman and a non-Jewish man, is she permitted to marry a Kohen?

Although instinctively we might assume that she may not marry a Kohen, in truth, such a girl does not fall under any of the categories of women forbidden to a Kohen. The Torah forbids a Kohen from marrying a divorcee, a "Halala" and a "Zona." A "Halala" is a woman born from the union between a Kohen and a woman forbidden for Kohanim (or the daughter of a "Halal"), so a girl born from a Jewish woman and non-Jewish man certainly is not a "Halala." And a "Zona" is a woman who had engaged in a forbidden relationship. In the case under discussion, the mother had engaged in a forbidden relationship, so she would certainly be considered a "Zona," but the daughter has not done anything to fall under this category.

This issue is actually subject to a complex debate among the Rishonim (Medieval Halachic scholars). The Gemara makes mention of a Rabbinic enactment forbidding the girl in such a case from marrying a Kohen, but the Rambam (Rabbi Moshe Maimonides, Spain-Egypt, 1135-1204) does not include this prohibition in his Halachic code. In his view, it is permissible for the daughter of a Jewish woman and non-Jewish man to marry a Kohen. By contrast, the Rosh (Rabbenu Asher Ben Yehiel, Germany-Spain, 1250-1327) and other Rishonim accept this prohibition as normative Halacha. A third view is that of the Rif (Rabbi Yishak of Fez, Morocco, 1013-1103) and the Ramban (Rabbi Moshe Nahmanides, Spain, 1194-1270), who held that the woman in this case has the status of "Safek Peguma," meaning, it is uncertain whether or not she is Halachically eligible to marry a Kohen.

The Shulhan Aruch (Eben Ha’ezer 4) follows the view of the Rosh, that the daughter of a Jewish woman and a non-Jewish man may not marry a Kohen. However, the Halachic authorities write that if such a woman did, in fact, marry a Kohen, they may remain married, and do not need to divorce.

It goes without saying that a competent Halachic authority must be consulted for guidance concerning such a situation. More generally, it behooves all people to determine the lineage of a prospective spouse before marriage, and to consult with a Rabbi if there any other uncertainties. This is especially true when dealing with Kohanim, regarding whom the laws of marriage are particularly complex.

Summary: The daughter of a Jewish woman and non-Jewish man is considered Jewish, but, generally speaking, should not marry a Kohen. Nevertheless, a competent Halachic authority must be consulted for guidance in such a situation.

 


Recent Daily Halachot...
Passover – Se’udat Ester on the Second Day; Shopping, Cooking and Playing Music on Hol Ha’mo’ed
Passover – The Second Cup of Wine at the Seder
Pesah – Must Women Recite the Full Hallel Before the Seder?
Passover – Halachot of Kadesh and the Four Cups
Passover – Brooms, Can Openers, Cookbooks
Cosmetics and Perfumes on Pesah
Pesah – The Status of Food Prepared in a Hametz Pot
Pesah – If a Small Piece of Hametz Fell Into Non-Hametz Food Before Pesah
Erev Pesah – If One Mistakenly Ate Masa; Eating Masa Meal Products; Eating Marror and Eggs
Pesah – Shehehiyanu, Ya’ale Ve’yabo, Afikoman
Pesah – “Crash Course” on the Seder
Pesah – The Custom to Eat an Egg at the Seder
Pesah – Bedikat Hametz
Ereb Pesah – The Siyum for the Firstborn
Pesah – The Beracha Recited Before Bedikat Hames
Page of 239
3585 Halachot found