Q&A: Is Marriage by Kiddushin Preferable to Concubinage?
Is Marriage by Kiddushin Preferable to Concubinage?
Question
Hello Rabbi Michael,
Halakhically, is kiddushin preferable to concubinage? And what about the status of children born from a relationship of kiddushin as opposed to concubinage—is there any advantage in lineage?
Answer
Certainly. There is a positive commandment of kiddushin, or else it is a preparatory act for a commandment. In any case, the standard path according to Jewish law is to perform kiddushin and not to live with a concubine. There is a dispute among the halakhic decisors whether concubinage is prohibited, and on what level, if at all Torah-level. But it is clear in Jewish law that kiddushin is the proper path.
https://he.wikipedia.org/wiki/%D7%A4%D7%99%D7%9C%D7%92%D7%A9
As for the lineage of the children, in principle there is no difference. A child from a concubine is of course not a mamzer. As for priestly status, I assume that the presumption based on the majority of sexual relations applies in such a case as well, if they live together as a couple. But I have not checked that thoroughly.
Discussion on Answer
1. As I wrote, kiddushin is preferable because that is the model the Torah defines, even if kiddushin is only a preparatory act for a commandment.
2. There is no difference in status.
Is the source for concubinage rabbinic? Does concubinage constitute the equivalent of Noahide marriage for Jews?
No. Plainly speaking, concubinage is not a rabbinic law but some kind of status. It can definitely be seen as a kind of Noahide marriage.
Thank you very much for the reply.
1. According to the view that kiddushin is a preparatory act for a commandment, then presumably that is for the sake of the commandments of “be fruitful and multiply” and “it is not good for man to be alone,” which are fulfilled through concubinage as well, albeit with a lower level of stability for the relationship. If so, perhaps kiddushin and concubinage should be considered equivalent?
2. Is there a different halakhic status for a child born to an unmarried woman, when there is no factual doubt about who the father is, as opposed to a child born to a woman who underwent kiddushin, when there is likewise no factual doubt about who the father is? If so, for this purpose is a concubine considered like an unmarried woman or like a woman who underwent kiddushin?