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Preferring a child over a mistress?

שו”תCategory: HalachaPreferring a child over a mistress?
asked 7 years ago

Hello Rabbi Michael,
Is there a halachic preference for kiddushin over concubines? And what about the preference for the lineage of children born from kiddushin relationships over concubines?
 


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מיכי Staff answered 7 years ago
Of course. There is a positive commandment of Kiddushin or it is a mitzvah. In any case, the best course according to the halakha is to perform Kiddushin and not live with a concubine. There is a debate among the poskim whether concubines are a prohibition and to what degree (torah?). But it is clear in the halakha that Kiddushin is the correct course. https://he.wikipedia.org/wiki/%D7%A4%D7%99%D7%9C%D7%92%D7%A9 Regarding the children’s parentage, in principle there is no difference. A child from a mistress is of course not a bastard. Regarding priesthood, I assume that there is a presumption of majority in such a situation (if they live together as a couple). But I haven’t checked it out to the end.

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renana.rivka replied 7 years ago

Thank you very much for your response.

1. According to the method that kiddushin is a mitzvah instrument, then apparently it is for the purpose of the mitzvahs ‘prou vebu’ and ’man is not good alone’, which also applies to concubines (albeit to a lower level of strength for couples), so could it be said that kiddushin and concubines are equivalent?

2. Is there a different halachic status for a child born to a single woman (when there is no realistic doubt who the father is) compared to a child born to a consecrated woman (when there is no realistic doubt who the father is)? If so, is a concubine considered to be single or consecrated in this regard?

מיכי Staff replied 7 years ago

1. As I wrote, there is a preference for kiddushin because that is the model that the Torah defines. Even if kiddushin is only a mitzvah instrument.
2. There is no difference in status.

renana.rivka replied 7 years ago

The source of concubinage is the Sages? Does concubinage constitute a ‘Noachian marriage’ for Jews?

מיכי Staff replied 7 years ago

No. Simply put, concubines are not a rabbinical law but rather a status. This can certainly be seen as a type of Noahide marriage.

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