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...
If a Person Did Not Recite Habdala on Mosa’eh Shabbat
Abelut When Somebody Passes Away on Ereb Shabuot
If Yom Tob Occurs During the Sheloshim Mourning Period
Shiba and Sheloshim When Somebody Passes Away During or Just Before Yom Tob
Which Restrictions Apply to Mourners When Somebody Passes Away During Yom Tob?
Is Hallel Recited in a House of Mourning on Rosh Hodesh?
The Status of the Clothing, Shoes and Hair of a Deceased Person
The Tombstone – When it Should be Erected, and How the Deceased’s Name Should be Written
May a Woman in Mourning During Hol Ha’mo’ed Immerse in the Mikveh?
Which Mourning Practices are Observed During Hol Ha’mo’ed?
May a Mourner Attend a Hachnasat Sefer Torah Celebration?
Does a Mourner Lean at the Seder on Pesah?
Does an Onen Perform the Misvot at the Seder?
The Status of Family Members Before the Funeral on Hol Ha’mo’ed Regarding Aninut and Sefirat Ha’omer
Wearing New or Freshly Laundered Garments During Abelut
Page of 239
3585 Halachot found