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...
Must the Back of the Tefillin Straps be Painted Black?
Are Tefillin Considered Muktze and Thus Prohibited To Move On Shabbat
Darkening the Letters of Tefillin and Mezuzot by Adding a Second Layer of Ink
Declaring One’s Intent Before Writing Hashem’s Name in the Tefillin
Tefillin – Blackening Faded Letters
Forming a Letter in the Tefillin By Scraping Off Excess Ink
Tefillin – Misshaped Letters; Perforations in the Parchment
The Sequence of Writing the Parashiyot in Tefillin Rabbenu Tam
Writing the Parashiyot of Tefillin in the Proper Sequence
Kissing the Tefillin When Putting Them on and Taking Them Off
Must One Remove His Tefillin Before Sundown?
The Tefillin Straps
Writing the Parashiyot of the Tefillin
Must the Tefillin be Perfectly Square?
If Somebody Mistakenly Put on Tefillin Rabbenu Tam Before Tefillin Rashi
Page of 239
3585 Halachot found