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Q&A: Laws of Lineage

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

Laws of Lineage

Question

Can a rabbi or a judge issue a ruling in a matter of lineage that is relevant to himself? Meaning, can he take the facts, evaluate them, and come out with a ruling that will affect his own status (for example, whether he is a kohen or a Levite)? 
If you have any source for this, or a deeper rationale for the ruling either way, that would be helpful to know.

Answer

It is hard for me to think of such a case, and therefore hard to think of sources that would decide it. Still, I will say a few things.

  1. The question also applies to testimony, not only to judges. Can a witness testify about something that will indirectly affect him as well? For example, a witness who testifies that a woman’s husband died might be disqualified because perhaps he wants to marry her.
  2. So long as we have not found a disqualification, there is no disqualification. Every witness or judge is presumed fit unless we find a source that disqualifies him. Of course, if there is a concern about falsehood, that can be grounds for local disqualification even if there is no source that disqualifies him across the board.
  3. The Sanhedrin / the sages determined that the commandment of “do not deviate” applies to every ruling of the Sanhedrin. That is somewhat like the situation we are discussing.
  4. You are talking about an implication that is not a personal result, but a principled implication. This is a ruling that would make someone a kohen (for example, if a judge rules that the son of a mother who is a kohen also has the status of a kohen), and what would affect me is that I too become a kohen for the same reason, because I too am the son of a mother who is a kohen—not that his becoming a kohen directly affects me. This is not a standard conflict of interest by definition, for two reasons: a. My ruling applies only to the case before me. My own case will be discussed separately, and there is no binding precedent here unless we are dealing with the Sanhedrin. b. After all, every ruling has to be reasoned, so a principled ruling of this kind will be based on arguments, and those arguments will be examined on their merits. There is no need to disqualify a person because of a conflict of interest in such a case. An example is my own arguments regarding the authority of the sages nowadays, which allows changes in Jewish law. Can I myself make use of that in order to introduce changes? Obviously yes. My arguments will be examined on their merits, and others can decide whether to adopt them or not. I now recall that this connects to the dispute between the House of Shammai and the House of Hillel, which is based on a dispute over whether the determining majority is the majority in wisdom (as the House of Shammai held, since they themselves were sharper) or the majority in numbers (as the House of Hillel held, since they were the numerical majority). There you have a case where a judge expresses a position that undergirds his own status, and nobody gives that possibility a second thought.

Discussion on Answer

Joshua (2022-10-26)

First of all, thank you for answering a question that has bothered me in the past, and because of that I ask it to every rabbi or judge I meet. I appreciate the consideration.

Let me tell you the next question this raised. When some sages were asked this question, one of them said: “I’m not sure about your case, but let me tell you a story. Years ago there was a man who was born Jewish, not observant, but in his teenage years he became observant. Years passed, he went to yeshiva, got married, and even received ordination and became a great rabbi. Then his mother told him that she wasn’t sure whether she was really Jewish. He was shocked and consulted other sages, who told him simply: do a conversion out of stringency and be done with it. He didn’t want that ‘label,’ so he did his own research. In the end he found enough proof that his grandmother and great-grandmother were in fact Jewish, so he decided regarding himself that he did not need a conversion out of stringency.

What do you think about that situation? Can the ‘rabbi,’ when he found doubt about his own status, issue such a ruling?

Michi (2022-10-26)

What is the question? Obviously he can. Every person decides Jewish law for himself, and in most cases he has a personal stake. If a person is in doubt whether he said Ya’aleh Ve-Yavo, can he not decide the law for himself? There is no question at all.

Joshua (2022-10-26)

In this case he is deciding whether he is really Jewish or not! I think that is different from deciding whether to go back and pray again, isn’t it?

That’s why I asked whether he can rule for himself…

mikyab123 (2022-10-28)

No, it is not different.

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