Mamzer: Meaning, Marriage in Israel and What Can Be Done

What is a mamzer, and whom may a mamzer marry? According to halacha, a mamzer may marry a convert, or a person who is certainly a mamzer too, but not a Jew who is not a mamzer. In Israel, where Jewish marriages follow Torah law, this means that someone the rabbinical court has ruled to be a mamzer cannot marry most partners through the Rabbinate. I write about this subject carefully and with respect, because behind the halachic term stand people, families and real pain. General information, not legal advice.

Who is a mamzer according to halacha

According to the Shulchan Aruch, Even HaEzer 4, a mamzer is someone born of a relationship that halacha defines as a severe “ervah”, for example between a married woman and a man who is not her husband, or between certain close relatives. It is just as important to understand what does not create mamzerut:

• A child born to an unmarried mother is not a mamzer.
• According to the Shulchan Aruch, a child conceived during niddah is not a mamzer either.
• According to halacha, a child born to a married woman is presumed to be her husband’s child, unless proven otherwise.

Halacha also distinguishes between a certain mamzer and a doubtful mamzer, and this distinction matters a great deal, as we will see.

Whom a mamzer may marry

According to the Shulchan Aruch:

• A convert: a mamzer may marry a female convert, and a mamzeret may marry a male convert.
• A certain mamzeret: a certain mamzer and a certain mamzeret are permitted to each other.
• Not a doubtful case: if one of them is certain and the other doubtful, or both are doubtful, they are forbidden to each other.
• Not a Jew who is not a mamzer: this is the heart of the restriction.

This leads to a hard reality: according to halacha, the position of a doubtful mamzer is harsher than that of a certain mamzer, because their options are even narrower. The rabbinical courts’ guidelines note this as well.

How the rabbinical court handles lineage questions

The rabbinical courts work on this subject according to procedural guidelines for lineage cases. The guidelines open by noting the pain the Sages expressed for those harmed by this law, and set several rules:

• The court hears a lineage question in a separate file, before special panels set by the President of the Great Rabbinical Court.
• When a minor is involved, a representative of the Attorney General acts as their guardian ad litem.
• When the court concludes there is no defect in lineage, that is a final ruling.
• When the court finds no way to permit, it words the decision as “we have not found, for the time being, a way to permit”, to leave an opening for seeking a way to permit.
• An adult may appeal to the Great Rabbinical Court, or ask for a rehearing when there is new evidence or halachic arguments not yet heard.
• Someone whose case the court heard as a minor may ask for a rehearing as an adult, even without new evidence.

Someone the court ruled to be restricted in marriage may be entered on the list of those barred from marriage, kept by the Rabbinical Courts Administration and checked by marriage registrars. It is strongly advisable for anyone facing such a process to turn to a lawyer or rabbinical advocate who specializes in this field.

A question of a get

Much of the concern about mamzerut relates to divorce. When a woman was married with valid kiddushin and did not receive a get, a child she later has with another man may be considered a mamzer. That is one reason the get is so important, and why it is worth settling before starting a new relationship. The rabbinical courts generally require a get even after a civil marriage between two Jews. On what happens after a chuppah outside the Rabbinate, I wrote an article on divorce after a Reform wedding.

And a wedding outside the Rabbinate?

Someone who cannot marry their chosen partner through the Rabbinate may consider a civil marriage abroad and its registration in Israel. Alongside it, you can hold a Jewish chuppah outside the Rabbinate. Every such case deserves a personal, careful conversation, and legal advice, before deciding. Information on the legal situation is on the legal situation page. I cover other cases where halacha restricts marriage in the article on marriage restrictions in Israel.

Frequently Asked Questions

Is a child born outside marriage a mamzer?

No. A child born to an unmarried mother is not a mamzer according to halacha.

Can a mamzer marry a convert?

Yes. According to the Shulchan Aruch, a mamzer may marry a convert.

What is the difference between a mamzer and a doubtful mamzer?

A certain mamzer may marry a certain mamzeret or a convert. A doubtful mamzer is forbidden even to a certain mamzeret, so their situation is harder.

Can a rabbinical court decision be appealed?

Yes. Under the guidelines, an adult may appeal to the Great Rabbinical Court, or ask for a rehearing when there is new evidence or argument.

What does “for the time being” mean in a ruling?

It is wording the court uses when it finds no way to permit, to leave a formal opening for further inquiry and for seeking a way to permit.

In Summary

According to halacha, a mamzer may marry a convert or a certain mamzeret, and in Israel this restriction affects the possibility of marrying through the Rabbinate. There are court procedures, appeals and rehearings, and there are also ways to marry outside the Rabbinate. In any such case, consult a lawyer. General information, not legal advice. If you would like to talk discreetly about a chuppah, I would be glad to schedule an introductory call.