Legitimizing the Mamzer

A problem in Halacha is the concept of ממזר. This refers to the offspring of a forbidden union such as adultery or incest. The Torah tells us that the ממזר is not allowed to enter קהל ה׳.

This term, קהל ה׳ is translated as the congregation of G-d. The Mamzer may not marry a regular Jewish girl. He can only marry a convert or female ממזרת. Unfortunately, this status is transferred to his offspring as well.

The Parsha offers a solution to remove this blemished status. The שפחה כנענית is a non-Jewish maidservant, subservient to her master or mistress. However, she takes upon herself all of the Mitzvot that any Jewish woman observes. In essence, she goes through a conversion process, so that if she is freed, she is a regular Halachic Jewish woman.

Rabbi Tarfon in מסכת קידושין, suggests that the ממזר marry a שפחה כנענית. Their son would be an עבד כנעני, technically, a Canaanite slave. However, when this son is given his freedom, he is completely Jewish. He loses his Mamzer status.

This could be a theoretical solution in our times. But it is important to recognize the wisdom of our sages. And, perhaps there could be a way to implement this even today.

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Succot in Autumn