בס׳ד

"Where does it say that you have a contract with G-d to have an easy life?"

the Lubavitcher Rebbe



"Failure is not the enemy of success; it is its prerequisite."

Rabbi Nosson Scherman



14 Jan 2010

The stigma of mamzer

Rabbi Andrew Sacks recently penned a Jpost article entitled Preventing mamzerut - at what cost?
He writes that "A mamzer, according to Jewish law, is a child born to an adulterous or an incestuous relationship. Such a child may never marry another Jew (two mamzerim may marry) for generations."
He discusses a fictiotious case about a couple where the husband suspects the wife is cheating on him. The wife receives a divorce and gives birth to a child some months later. The court must determine if the ex-husband has to pay child support, as he claims the child isn't his.
The court refuses to carry out a test to determine if he is the father, so that the child might not be considered a mamzer if the tests prove that the ex-husband wasn't the biological parent.
The rabbi writes, "The court has in the above case attempted to show mercy to the child. But is there another alternative? Does Jewish law allow for a more creative solution? Could the concept of mamzerut even be all but nullified?"
The rabbi further goes on to say that "There may even be occasions when the needs of the times allow rabbis to "uproot the words of the Torah." ..." The prophetic vision of justice may sometimes triumph over the letter of the law."
Rabbi Sacks stresses the word compassion. We should find creative solutions to avoid stigmatizing a child as a mamzer. After all, isn't he the innocent by product of his parents' infidelities? Why should the child suffer for the sins of his parents?
It is not for me to determine the Torah's reasoning behind stigmatizing a child as a mamzer. But, perhaps the Torah did so out of compassionate reasons. After all, children of divorced parents suffer immeasurably. Maybe a parent who is attracted to someone other than his spouse will say to himself that he can't withstand the temptation and will conduct an affair, because he has no control over his emotions. His or her actions could lead to a breakup of his marriage, with devastating consequences to the entire family.
However, if he/she were to realize that by starting an affair, a possible mamzer would result, maybe that thought would prevent the affair from taking place.
So, what is more compassionate? Lifting the status of mamzer, or leaving it in place? A parent might suppress his desires if he were to realize that his future child would not be able to marry a Jew (unless another mamzer) for generations. Thus, two families would remain intact and the spouses and children would be living in two parent households. I would say that this scenario demonstrates the greater compassion for all involved.

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