In the

Hebrew Bible The Hebrew Bible or Tanakh (;"Tanach"
'' Jewish religious law, a ''mamzer'' ( he, ממזר, , "estranged person"; plural ''mamzerim'') is a person who is born as the result of certain forbidden relationships or

incest Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity ( marriage or stepfamily), ado ...

(as it is defined by the

Bible The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacred in Christianity Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus ...

), or the descendant of such a person. Mamzer status ( he, ממזרות, mamzerut, label=none) is not synonymous with the traditional western definition of

illegitimacy Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as '' ...

, since it does not include children whose mothers were unmarried when they were born.

Definition

Etymology

Some have explained the word ''mamzer'' as the masculine noun form derived from the

root In vascular plants, the roots are the organs of a plant that are modified to provide anchorage for the plant and take in water and nutrients into the plant body, which allows plants to grow taller and faster. They are most often below the su ...

''m-z-r'', having a meaning of spoilt/corrupt. According to ''

Strong's Concordance ''The Exhaustive Concordance of the Bible'', generally known as ''Strong's Concordance'', is a Bible concordance, an index of every word in the King James Version (KJV), constructed under the direction of James Strong. Strong first published ...

'': "from an unused root meaning 'to alienate'; a mongrel, i. e., born of a Jewish father and a

heathen __NOTOC__ Heathen or Heathens may refer to: Religion *Heathen, another name for a pagan *Heathen, an adherent of Heathenry Music *Band of Heathens, a North American rock and roll band *Heathen (band), a North American thrash metal band * The He ...

mother". The

Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law ('' halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the ce ...

explains the term homiletically as consisting of the words ''mum'' (defect) and ''zar'' (strange/alien), a euphemism for an illicit union in the person's lineage.

Hebrew Bible usage

The term occurs twice in the Hebrew Bible. The first time is (23:2 in non-Hebrew versions). The

Septuagint The Greek Old Testament, or Septuagint (, ; from the la, septuaginta, lit=seventy; often abbreviated ''70''; in Roman numerals, LXX), is the earliest extant Greek translation of books from the Hebrew Bible. It includes several books beyond t ...

translates the term ''mamzer'' as son "of a prostitute" (

Greek Greek may refer to: Greece Anything of, from, or related to Greece, a country in Southern Europe: *Greeks, an ethnic group. *Greek language, a branch of the Indo-European language family. **Proto-Greek language, the assumed last common ancestor ...

: '), and the Latin

Vulgate The Vulgate (; also called (Bible in common tongue), ) is a late-4th-century Latin translation of the Bible. The Vulgate is largely the work of Jerome who, in 382, had been commissioned by Pope Damasus I to revise the Gospels u ...

translates it as ' ("born of a prostitute"). In English, it is translated as "bastard". :("''shall not enter the congregation of the Lord''," Explained by the Rabbis to mean that the bastard cannot marry a son or daughter of Israel) Alternatively, the "congregation of the Lord" can refer to the legislature of ancient Israel The other occasion is in : "And a bastard (''mamzer'') shall dwell in

Ashdod Ashdod ( he, ''ʾašdōḏ''; ar, أسدود or إسدود ''ʾisdūd'' or '' ʾasdūd'' ; Philistine: 𐤀𐤔𐤃𐤃 *''ʾašdūd'') is the sixth-largest city in Israel. Located in the country's Southern District, it lies on the Mediterran ...

", a sea port.

Halakhic definitions

In the Talmud, the term ''mamzer'' is applied to the descendants of specific illicit unions. According to the

Mishnah The Mishnah or the Mishna (; he, מִשְׁנָה, "study by repetition", from the verb ''shanah'' , or "to study and review", also "secondary") is the first major written collection of the Jewish oral traditions which is known as the Oral Tor ...

, a ''mamzer'' is the offspring of a biblically forbidden union for which his progenitors are liable to extirpation at the hands of heaven. An exception to this rule is when a Jewish man cohabits with a menstruant woman: Although he is liable thereby to extirpation, the child born from such union is not a ''mamzer''. The practical bearing of this ruling is that it excludes from such defamation a child born outside of wedlock, and which child is often wrongly called " bastard" under

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

. According to the ''

Shulchan Aruch The ''Shulchan Aruch'' ( he, שֻׁלְחָן עָרוּך , literally: "Set Table"), sometimes dubbed in English as the Code of Jewish Law, is the most widely consulted of the various legal codes in Judaism. It was authored in Safed (today in ...

'', a new line of ''mamzerim'' can only be produced by two Jews but the product of a non-Jew and a ''mamzeret'' (female ''mamzer'') is a ''mamzer''. There are two categories of ''mamzerim''. A child born of incest, as defined by the Bible, is a ''mamzer''. Note, however, that an incestuous relationship between one or two non-Jews cannot produce a ''mamzer'', and if the product of such a union were to

convert Conversion or convert may refer to: Arts, entertainment, and media * "Conversion" (''Doctor Who'' audio), an episode of the audio drama ''Cyberman'' * "Conversion" (''Stargate Atlantis''), an episode of the television series * "The Conversion" ...

, he or she would be the equal of any Jew. Nathan and David

A child born of a married Jewish woman's

adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...

is a ''mamzer''. The child of a single woman and a man she could lawfully have married is not a ''mamzer''. It is irrelevant if the man is married or not. If one of the parents is not Jewish, the child is not a ''mamzer''. Any child born to a married woman, even if she is known to have been unfaithful, is presumed to be her husband's, unless she is so promiscuous that such a presumption becomes unsupportable, or if she enters a public relationship with another man. A child born within 12 months of a woman's most recent meeting with her husband is presumed to be legitimate, since Jewish law believes that in rare cases, a pregnancy can last that long. However, if more than 9 months have elapsed, and she is known to have been unfaithful, then the presumption does not apply. Modern

assisted reproductive technology Assisted reproductive technology (ART) includes medical procedures used primarily to address infertility. This subject involves procedures such as in vitro fertilization (IVF), intracytoplasmic sperm injection (ICSI), cryopreservation of gamet ...

has complicated the issue.

Rabbi A rabbi () is a spiritual leader or religious teacher in Judaism. One becomes a rabbi by being ordained by another rabbi – known as '' semikha'' – following a course of study of Jewish history and texts such as the Talmud. The basic form o ...

Moshe Feinstein ruled that if a married woman is inseminated by sperm from another man, the child is not a ''mamzer'', since it did not result from an act of adultery; Rabbi Joel Teitelbaum (2005) disagreed, and ruled that, since the child is known to be that of a man other than her husband, it is a ''mamzer''. The status of an abandoned child (Hebrew: ''asufi'') was determined by the state in which it was found. If there were indications that the foundling had been abandoned due to the parents being unable to support it, then, halakhically, the child would not be a ''mamzer''. However, if the unknown parents could have supported the child, it was regarded as potentially being a mamzer. A child whose mother is known, but not the father, was known as "silent one" (Hebrew: ''shetuki''), and fell into the same category as a foundling; this status, however, could be changed if the mother knew and revealed the identity of the father. The ''mamzer'' status is hereditary – a child of a ''mamzer'' (whether mother or father) is also a ''mamzer''. However, since these rules are regarded as applying only to Jews, and since traditional Rabbinical law regards Jewish status as only transmitted through the mother, the child of a male ''mamzer'' and a non-Jewish woman cannot be a ''mamzer''. However, the child of a female ''mamzer'' and a non-Jewish man is a ''mamzer''.

Marriage restrictions

The biblical rule against certain people becoming part of the "congregation of the Lord" (verses 1-3 in some English translations) was interpreted in the Talmud as a prohibition against ordinary Jews marrying such people. Although the biblical passage includes in this up to the tenth generation of the descendants of a ''mamzer'', classical rabbis interpreted this as an

idiom An idiom is a phrase or expression that typically presents a figurative, non-literal meaning attached to the phrase; but some phrases become figurative idioms while retaining the literal meaning of the phrase. Categorized as formulaic language ...

meaning "forever". Thus, in traditional Jewish law, a ''mamzer'' and his or her descendants are not allowed to marry an ordinary (non-''mamzer'') Jewish spouse. The restriction does not prevent a ''mamzer'' from marrying another ''mamzer'', nor from marrying a convert to Judaism, or a non-Jewish slave. However, foundlings suspected of being ''mamzerim'' were not so free; they were neither permitted to marry a ''mamzer'', nor even to marry another foundling. This interpretation is not universally shared, with Matthew Poole interpreting the "congregation of the Lord" as being the Israelite government. See columns 345-6.

Social status of ''mamzerim''

Although in many historical societies, illegitimacy of birth was a quality which could make a person somewhat of an outcast, this was not the official attitude of Judaism; apart from the marriage restrictions, a ''mamzer'' is not officially considered a second-class citizen, and is supposed to be treated with as much respect as other Jews. For example, the

teaches that a learned ''mamzer'' should "take precedence" over an ignorant

High Priest of Israel High Priest ( he, כהן גדול, translit=Kohen Gadol or ; ) was the title of the chief religious official of Judaism from the early post- Exilic times until the destruction of the Second Temple in Jerusalem by the Romans in 70 CE. Previous ...

; the meaning of "take precedence" is not explicitly explained by the Mishnah, nor by the Talmud in general, although the preceding part of the Mishnah uses it to refer to the priority in which people should be rescued from danger, while other bits of the Mishnah use the phrase to refer to the priority in which people should receive aliyot.Rabbi Ellie Kaplan Spitz, ''Mamzerut'', Committee of Jewish Law and Standards, EH 4.2000a, pp. 5587-585.
/ref> Rabbis in the Talmud, and those in the Middle Ages, saw fit to spell out that, aside from in questions of marriage, a ''mamzer'' should be treated as an ordinary Jew. The Talmud insists that a ''mamzer'' should be considered as an ordinary relative for the purpose of inheritance, including

levirate marriage Levirate marriage is a type of marriage in which the brother of a deceased man is obliged to marry his brother's widow. Levirate marriage has been practiced by societies with a strong clan structure in which exogamous marriage (i.e. marriage ou ...

Maimonides Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Torah ...

and

Joseph ben Ephraim Karo Joseph ben Ephraim Karo, also spelled Yosef Caro, or Qaro ( he, יוסף קארו; 1488 – March 24, 1575, 13 Nisan 5335 A.M.), was the author of the last great codification of Jewish law, the '' Beit Yosef'', and its popular analogue, the ''Shu ...

see fit to repeat this, and confirm that a ''mamzer'' can serve as a

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

. Similarly, a '' tosafa'' insists that it is permissible for a ''mamzer'' to become a king. The status of mamzerim could even be relinquished, either by the mamzer marrying a servant or the mamzer becoming a servant themselves, with their status being immediately relinquished upon their release.

Modern investigations into ''mamzer'' status

Orthodox Judaism

The principal approach in

Orthodox Judaism Orthodox Judaism is the collective term for the traditionalist and theologically conservative branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as revealed by God to Moses o ...

is to require strict evidentiary standards for ''mamzer'' status, sufficiently strict that proof of the existence of ''mamzer'' status is hard to develop and generally does not arise. Typically, it is impossible to prove either that a prior marriage ever existed, or that a child was born of relations outside that marriage. Orthodox rabbis always allow the suspect child the benefit of the doubt in this matter. This usually leads to the conclusion that at the time of a person's birth, their parents were married, or that the person is the child of a man and woman who were married to each other when the child was conceived. An example is a contemporary responsum by Rabbi Ovadia Yosef, establishing the impossibility to prove ''mamzer'' status in a case where the evidence might appear to be clear-cut. The case involved the daughter of an '' aguna'' who had been married by a

Haredi Haredi Judaism ( he, ', ; also spelled ''Charedi'' in English; plural ''Haredim'' or ''Charedim'') consists of groups within Orthodox Judaism that are characterized by their strict adherence to ''halakha'' (Jewish law) and traditions, in oppos ...

rabbi to a husband who subsequently converted to Christianity and refused to participate in a

Jewish divorce A or ''gett'' (; , plural ) is a document in Jewish religious law which effectuates a divorce between a Jewish couple. The requirements for a ''get'' include that the document be presented by a husband to his wife. The essential part of the ...

. The mother eventually divorced and remarried civilly, and had the daughter years later. The daughter, who had been raised as an Orthodox Jew and attended a Haredi

day school A day school — as opposed to a boarding school — is an educational institution where children and adolescents are given instructions during the day, after which the students return to their homes. A day school has full-day programs when compa ...

, brought up the question of her status herself prior to an impending marriage. Rabbi Yosef proceeded systematically to disqualify evidence that a prior marriage had ever taken place. The mother's evidence was immediately disqualified as an interested party. The

ketubah A ketubah (; he, כְּתוּבָּה) is a Jewish marriage contract. It is considered an integral part of a traditional Jewish marriage, and outlines the rights and responsibilities of the groom, in relation to the bride. In modern practice, ...

(Jewish marriage contract/certificate) was never found. The rabbi who performed the marriage was contacted, but Rabbi Yosef wrote that his testimony could not be accepted without the ketubah, and in any event required corroboration by a second witness. Attempts to contact the husband were abandoned after an adversarial conversation with his new, non-Jewish wife. Thus, Rabbi Yosef concluded there was insufficient evidence that a valid prior marriage had ever taken place. Rabbi Yosef then proceeded to establish the possibility that the former husband might be the daughter's father. The mother testified that her former husband occasionally brought

alimony Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial sup ...

payments and came for visitation in person, and hence, the two were sometimes at least momentarily alone together. Applying an ancient rule that when a husband and wife are known to be alone together behind a closed door, the law presumes sexual intercourse may well have taken place, Rabbi Yosef concluded that it was possible that the former husband was the daughter's father, and hence, Jewish law, which very strongly construes all evidence in favour of birth within marriage, had to presume that he was. Thus, Rabbi Yosef concluded that there was insufficient evidence of either a former marriage or that the new husband was the father, and hence, he concluded that no evidence of ''mamzerut'' had occurred.

Conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...

rabbi Daniel S. Nevins, commenting on this case, noted that the box of traditional tools Rabbi Yosef used to discredit evidence of ''mamzer'' status may be sufficiently robust as to cover virtually all cases of inquiry in the types of situations a congregation rabbi would be likely to experience. Nonetheless, Orthodox authorities hold that while contemporary rabbis have authority to refine procedural rules such as rules of evidence, they do not have the authority to abolish biblically mandated categories or procedures entirely. Israeli law tries to prevent the conferring of mamzer status by refusing to allow men other than the husband or recent ex-husband from registering as a child's father without a court order. However,

paternity test DNA paternity testing is the use of DNA profiles to determine whether an individual is the biological parent of another individual. Paternity testing can be especially important when the rights and duties of the father are in issue and a child' ...

s have the potential to reveal mamzer status by removing the protection of the presumption of paternity on the part of a married woman's actual husband.

Conservative Judaism

The Committee on Jewish Law and Standards (CJLS) of the Rabbinical Assembly of

Conservative Judaism Conservative Judaism, known as Masorti Judaism outside North America, is a Jewish religious movement which regards the authority of ''halakha'' (Jewish law) and traditions as coming primarily from its people and community through the generati ...

has declared that Conservative Rabbis should not inquire into or accept evidence of ''mamzer'' status under any circumstances, rendering the category inoperative. In doing so, the CJLS distinguished the Conservative approach to

Jewish law ''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical comman ...

from the Orthodox approach, noting that Conservative Judaism regards Biblical law as only the beginning of a relationship rather than a final word, and that the Conservative movement regards it as its role and responsibility to revise Biblical law from time to time when such law conflicts with evolving concepts of morality.

Karaite Judaism

Zechariah Zechariah most often refers to: * Zechariah (Hebrew prophet), author of the Book of Zechariah * Zechariah (New Testament figure), father of John the Baptist Zechariah or its many variant forms and spellings may also refer to: People *Zechariah ...

9:6, "''mamzer''" is referenced similar to that of the nations of

Ammon Ammon (Ammonite: 𐤏𐤌𐤍 ''ʻAmān''; he, עַמּוֹן ''ʻAmmōn''; ar, عمّون, ʻAmmūn) was an ancient Semitic-speaking nation occupying the east of the Jordan River, between the torrent valleys of Arnon and Jabbok, in ...

Moab Moab ''Mōáb''; Assyrian: 𒈬𒀪𒁀𒀀𒀀 ''Mu'abâ'', 𒈠𒀪𒁀𒀀𒀀 ''Ma'bâ'', 𒈠𒀪𒀊 ''Ma'ab''; Egyptian: 𓈗𓇋𓃀𓅱𓈉 ''Mū'ībū'', name=, group= () is the name of an ancient Levantine kingdom whose territ ...

Edom Edom (; Edomite: ; he, אֱדוֹם , lit.: "red"; Akkadian: , ; Ancient Egyptian: ) was an ancient kingdom in Transjordan, located between Moab to the northeast, the Arabah to the west, and the Arabian Desert to the south and east.N ...

Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a List of transcontinental countries, transcontinental country spanning the North Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via a land bridg ...

, Tyre, Zidon,

Ashkelon Ashkelon or Ashqelon (; Hebrew: , , ; Philistine: ), also known as Ascalon (; Ancient Greek: , ; Arabic: , ), is a coastal city in the Southern District of Israel on the Mediterranean coast, south of Tel Aviv, and north of the border wit ...

, Gaza, Philistia, etc. From such, Karaites have come to consider the most logical understanding of the Hebrew to actually refer to a nation of people. Karaites believe that such an understanding fits perfectly into the context of both Deuteronomy 23 and Zechariah 9, and several Medieval rabbinical Jewish sages felt it necessary to debate this topic with medieval Karaite Jewish sages.

In Israeli law

In the modern

State of Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...

, the law concerning matters of marriage, divorce, and personal status, is partially under the jurisdiction of religious courts. For example, there is no civil marriage in Israel. The Jewish religious regulations concerning ''mamzerim'' are thus also the national laws imposed on Jews living in Israel, including secular Jews. Because of the severe impediments to marriage which ''mamzer'' status accords in Jewish law, Israeli civil law has taken the position that the paternity of a child born within a marriage cannot legally be challenged in civil courts, in order to avoid creating a body of evidence that might be used to declare the child a ''mamzer'', or create difficulties for a future marriage. The existence of ''mamzer'' status as a category in Israeli family law has been criticized. An extensive review and opinion advocating the adoption of civil marriage in Israel, written by Prof. Pinhas Shifman and published in July 2001 by the Association for Civil Rights in Israel, mentions ''Mamzer'' among the categories of Israelis which, Professor Shifman believes, should have the right to marry spouses of their choice, and, he argues, current Israeli law interferes with, and denies, this right. Professor Shifman and ACRI advocate ending the religious monopoly over marriage in Israel, and cite the existence and difficulties of ''mamzer'' status as an argument against the use of religious law in marriage cases. Israeli religious courts resolve ''mamzer'' status by generally ruling that the child was born within the marriage, despite the existence of evidence to the contrary. This convenient formula sometimes causes difficulties for lovers or subsequent spouses who wish to assert paternity over a child which may be biologically theirs. A 2006 case, in which a child born eight months and two weeks after a divorce, was declared the former husband's child, rather than the child of the wife's subsequent husband, and this was reported as causing a dilemma for the subsequent couple. Nonetheless, the existence of the category of ''Mamzer'', and the marital impediments inherent to it, is one of the arguments frequently used by Israeli secularists in calling for separation of religion and state, and for the institution of

civil marriage A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular. History Every country maintaining a ...

. In 2014, the Center for Women's Justice announced it would petition the

Israeli Supreme Court ar, المحكمة العليا , image = Emblem of Israel dark blue full.svg , imagesize = 100px , caption = Emblem of Israel , motto = , established = , location = Givat Ram, Jerusalem , coordina ...

to bar secret blacklists of ''mamzerim'' by rabbinical courts, claiming they are an invasion of privacy.

Connection with French medieval nicknames

A persistent etymology of the surname Manser is connected to Hebrew ''mamzer''. Supposedly Ebalus of Aquitaine ( Count of Poitou and

Duke of Aquitaine The Duke of Aquitaine ( oc, Duc d'Aquitània, french: Duc d'Aquitaine, ) was the ruler of the medieval region of Aquitaine (not to be confused with modern-day Aquitaine) under the supremacy of Frankish, English, and later French kings. As su ...

, c. 870 – 935) had the nickname "Manzer" or "Manser". As he is known to have been a bastard and reputed to have had a Jewish mother, this nickname is considered to be derived from ''mamzer''. A similar explanation is offered also for the same nickname as used by another prince from

Occitania Occitania ( oc, Occitània , , or ) is the historical region in Western and Southern Europe where the Occitan language was historically spoken and where it is sometimes still used as a second language. This cultural area roughly encompasse ...

: , a 10th-century count of

Angoulême Angoulême (; Poitevin-Saintongeais: ''Engoulaeme''; oc, Engoleime) is a commune, the prefecture of the Charente department, in the Nouvelle-Aquitaine region of southwestern France. The inhabitants of the commune are known as ''Angoumoisins ...

who also was a bastard.

William the Conqueror William I; ang, WillelmI (Bates ''William the Conqueror'' p. 33– 9 September 1087), usually known as William the Conqueror and sometimes William the Bastard, was the first Norman king of England, reigning from 1066 until his death in 10 ...

may have been referred to as ''Bastardus'' and ''Mamzer''. Edward Augustus Freeman. '' The History of the Norman Conquest of England: The reign of Eadward the Confessor''.

References

{{reflist Jewish marital law Kinship and descent