Q&A: Flawed Lineage
Flawed Lineage
Question
Hello, Rabbi, I saw a lesson of yours in which you say that a child follows the father for lineage in a case where there is no transgression between the parents, and if there is a transgression the child follows the flawed one. What about when the mother is Jewish and the father is a gentile, after all there was a transgression here, so why is the child considered Jewish and not a gentile like the father?
Answer
A good question. I think this is not considered a transgression for this purpose. The source of this prohibition is not clear, even though it is regarded as a very serious prohibition. It is not a formal prohibition (negative commandment).
Discussion on Answer
Same thing.
The Hasmonean court decreed against relations with a gentile woman in private, under the acronym Nashgaz. It seems from this that by Torah law there is no prohibition on relations with a gentile woman in private. In public, zealots may strike him, and if there is a prohibition of intermarriage, that is a dispute between the Tur and Maimonides.
Does a Hasmonean court obligate us?
If a Jew has relations with a gentile woman, then if there is no transgression the child should be Jewish, but he isn’t, which implies that there is a prohibition.
Definitely.
Definitely.
Rabbi, I didn’t understand. At first you said “same thing,” so I understood there is no prohibition. Now you said “definitely,” so I understood there is a prohibition. I’m confused 😅
There is a rabbinic prohibition, by decree of the Hasmonean court. There is no Torah-level negative commandment. Therefore it does not belong to the rule that when there is a transgression, we follow the flawed one.
But when a Jewish man has relations with a gentile woman, we follow the flaw, meaning the child is a gentile. Is there a Torah-level prohibition in the case of a Jewish man and a gentile woman?
No. We follow her because she is the mother.
Is the Rabbi saying that one can infer that this is not a Torah-level prohibition?
And what about a Jewish man and a gentile woman?