In the

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

incest Incest ( ) is sexual intercourse, sex between kinship, close relatives, for example a brother, sister, or parent. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by lineag ...

(as it is defined by the

Bible The Bible is a collection of religious texts that are central to Christianity and Judaism, and esteemed in other Abrahamic religions such as Islam. The Bible is an anthology (a compilation of texts of a variety of forms) originally writt ...

), or the descendant of such a person. Mamzer status () 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 ''b ...

, since it does not include children born to unmarried mothers.

Definition

Etymology

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

root In vascular plants, the roots are the plant organ, 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 bel ...

''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 American theologian James Strong. Strong fi ...

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

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

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 Septuagint ( ), sometimes referred to as the Greek Old Testament or The Translation of the Seventy (), and abbreviated as LXX, is the earliest extant Greek translation of the Hebrew Bible from the original Biblical Hebrew. The full Greek ...

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

Greek Greek may refer to: 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 of all kno ...

: ), and the Latin

Vulgate The Vulgate () is a late-4th-century Bible translations into Latin, Latin translation of the Bible. It is largely the work of Saint Jerome who, in 382, had been commissioned by Pope Damasus I to revise the Gospels used by the Diocese of ...

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

Ashdod Ashdod (, ; , , or ; Philistine language, Philistine: , romanized: *''ʾašdūd'') is the List of Israeli cities, sixth-largest city in Israel. Located in the country's Southern District (Israel), Southern District, it lies on the Mediterranean ...

...".

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 (; , from the verb ''šānā'', "to study and review", also "secondary") is the first written collection of the Jewish oral traditions that are known as the Oral Torah. Having been collected in the 3rd century CE, it is ...

, a ''mamzer'' is the offspring of a biblically forbidden union for which his progenitors are liable to

extirpation Local extinction, also extirpation, is the termination of a species (or other taxon) in a chosen geographic area of study, though it still exists elsewhere. Local extinctions are contrasted with extinction, global extinctions. Local extinctions ...

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 Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

. According to the ''

Shulchan Aruch The ''Shulhan Arukh'' ( ),, often called "the Code of Jewish Law", is the most widely consulted of the various legal codes in Rabbinic Judaism. It was authored in the city of Safed in what is now Israel by Joseph Karo in 1563 and published 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, he or she would be the equal of any Jew. Nathan and David

A child born of a married Jewish woman's

adultery Adultery 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 consequences, the concept ...

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), and cryopreservation of ga ...

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 of t ...

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 largely or exclusively carries a Literal and figurative language, figurative or non-literal meaning (linguistic), meaning, rather than making any literal sense. Categorized as formulaic speech, formulaic ...

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 A second-class citizen is a person who is systematically and actively discriminated against within a state or other political jurisdiction, despite their nominal status as a citizen or a legal resident there. While not necessarily slaves, ou ...

, 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 In Judaism, the High Priest of Israel (, lit. ‘great priest’; Aramaic: ''Kahana Rabba'') was the head of the Israelite priesthood. He played a unique role in the worship conducted in the Tabernacle and later in the Temple in Jerusalem, ...

; 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 parts 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 o ...

Maimonides Moses ben Maimon (1138–1204), commonly known as Maimonides (, ) and also referred to by the Hebrew acronym Rambam (), was a Sephardic rabbi and Jewish philosophy, philosopher who became one of the most prolific and influential Torah schola ...

and Joseph ben Ephraim Karo see fit to repeat this, and confirm that a ''mamzer'' can serve as a

judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...

. 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 a collective term for the traditionalist branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Torah, Written and Oral Torah, Oral, as literally revelation, revealed by God in Ju ...

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 ''Responsa'' (plural of Latin , 'answer') comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them. In the modern era, the term is used to describe decisions and rulings made by scholars i ...

by Rabbi

Ovadia Yosef Ovadia Yosef (, ; September 24, 1920 – October 7, 2013) also known as Maran (Hebrew language, Hebrew: מרן) "Our Master", was an History of the Jews in Iraq#Otoman rule, Iraqi-born Talmudic scholar, hakham, posek, and the Sephardi Jews, Sephar ...

, establishing the impossibility to prove ''mamzer'' status in a case where the evidence might appear to be clear-cut.''Shut Yabia Omer'', part 7, Even haEzer 6; addressed to Rabbi Grubner of Detroit, Michigan The case involved the daughter of an '' aguna'' who had been married by a

Haredi Haredi Judaism (, ) is a branch of Orthodox Judaism that is characterized by its strict interpretation of religious sources and its accepted (Jewish law) and traditions, in opposition to more accommodating values and practices. Its members are ...

rabbi to a husband who subsequently converted to Christianity and refused to participate in a Jewish divorce. The mother eventually divorced and remarried civilly, and had the daughter years later. The daughter had been raised as an Orthodox Jew and attended Beit Yaakov, a Haredi

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

. The daughter 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 (; ) is a Jewish marriage contract. It is considered an integral part of a Jewish views on marriage, 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 two witnesses. Attempts to contact the husband were abandoned after an adversarial conversation with his new, non-Jewish wife. Even if the husband could have been reached, he would only have been one witness, and his testimony could not have been accepted without a second witness. 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, Republic of 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 ...

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 there was insufficient evidence of ''mamzerut'' status. Rabbi Yosef said, "The ruling therefore must be that there is very great reason to permit this woman to marry and enter the congregation of God, and as it appears to me have I written."

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

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 rabbinical 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 tests 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 The Committee on Jewish Law and Standards is the central authority on halakha (Jewish law and tradition) within Conservative Judaism; it is one of the most active and widely known committees on the Conservative movement's Rabbinical Assembly. Wit ...

(CJLS) of the Rabbinical Assembly of

Conservative Judaism Conservative Judaism, also known as Masorti Judaism, is a Jewish religious movements, Jewish religious movement that regards the authority of Jewish law and tradition as emanating primarily from the assent of the people through the generations ...

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'' ( ; , ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws that are derived from the Written and Oral Torah. ''Halakha'' is based on biblical commandments ('' mit ...

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

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

Ammon Ammon (; Ammonite language, Ammonite: 𐤏𐤌𐤍 ''ʻAmān''; '; ) was an ancient Semitic languages, Semitic-speaking kingdom occupying the east of the Jordan River, between the torrent valleys of Wadi Mujib, Arnon and Jabbok, in present-d ...

Moab Moab () was an ancient Levant, Levantine kingdom whose territory is today located in southern Jordan. The land is mountainous and lies alongside much of the eastern shore of the Dead Sea. The existence of the Kingdom of Moab is attested to by ...

Edom Edom (; Edomite language, Edomite: ; , lit.: "red"; Akkadian language, Akkadian: , ; Egyptian language, Ancient Egyptian: ) was an ancient kingdom that stretched across areas in the south of present-day Jordan and Israel. Edom and the Edomi ...

Egypt Egypt ( , ), officially the Arab Republic of Egypt, is a country spanning the Northeast Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via the Sinai Peninsula. It is bordered by the Mediterranean Sea to northe ...

, Tyre, Zidon,

Ashkelon Ashkelon ( ; , ; ) or Ashqelon, is a coastal city in the Southern District (Israel), Southern District of Israel on the Mediterranean Sea, Mediterranean coast, south of Tel Aviv, and north of the border with the Gaza Strip. The modern city i ...

, 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, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...

, 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

secularist Secularism is the principle of seeking to conduct human affairs based on naturalistic considerations, uninvolved with religion. It is most commonly thought of as the separation of religion from civil affairs and the state and may be broadened ...

s in calling for

separation of religion and state The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular sta ...

, 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 Countries maintaining a popul ...

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

Israeli Supreme Court The Supreme Court of Israel (, Hebrew acronym Bagatz; ) is the Supreme court, highest court in Israel. It has ultimate appellate jurisdiction over all other courts, and in some cases original jurisdiction. The Supreme Court consists of 15 jud ...

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 Among the people who have borne the title of Count of Poitiers (, ; or ''Poitou'', in what is now France but in the Middle Ages became part of Aquitaine) are: *Bodilon * Warinus (638–677), son of Bodilon *Hatton (735-778) Carolingian Count ...

and

Duke of Aquitaine The duke of 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 successor states of the Visigothic Kingdom ( ...

, 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 is the historical region in Southern Europe where the Occitan language was historically spoken and where it is sometimes used as a second language. This cultural area roughly encompasses much of the southern third of France (except ...

: , a 10th-century count of

Angoulême Angoulême (; Poitevin-Saintongeais: ''Engoulaeme''; ) is a small city in the southwestern French Departments of France, department of Charente, of which it is the Prefectures of France, prefecture. Located on a plateau overlooking a meander of ...

who also was a bastard.

William the Conqueror William the Conqueror (Bates ''William the Conqueror'' p. 33– 9 September 1087), sometimes called William the Bastard, was the first Norman king of England (as William I), reigning from 1066 until his death. A descendant of Rollo, he was D ...

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