Q&A: A child born to a woman who did not divorce according to the law of Moses and Israel, but was born within a civil marriage
A child born to a woman who did not divorce according to the law of Moses and Israel, but was born within a civil marriage
Question
Hello Rabbi,
I would like to know the status of a child who was born within a civil marriage, when his mother did not divorce her first husband according to the law of Moses and Israel. a0
It should be noted that the parents are Jewish, as is the womans first husband. They were married according to the law of Moses and Israel, and at a later stage he ran away from her, so she was forced to marry in a civil marriage… This is a case that took place abroad.
Is the child considered a mamzer? If so, what are the implications of that? Is there a marriage disqualification, and is there anything that can be done in this matter?
I would appreciate your response.
Answer
There is no significance to the question of whether or not she was properly married in the second marriage. The child from the second man is a mamzer and of course disqualified from marriage. Only if they find something that invalidates the first kiddushin can the ruling change. a0
Discussion on Answer
If one of the witnesses was disqualified, for example. If no kiddushin formula was recited. If the ring was not worth a perutah, or did not belong to the groom. But all this has to be examined in a religious court. If you want the childs status to be recognized legally, this has to be done in an official rabbinate religious court.
In my opinion there may perhaps be room to void the kiddushin on additional grounds, but in the rabbinate courts this usually will not be recognized.
If you want to talk, you can call me at 052-3320543.
Thank you, Rabbi,
An important point should be noted, which I hope may perhaps be decisive. As I wrote earlier, this is a case abroad, and the religious wedding ceremony took place in a Reform framework. Does that mean the marriage is not recognized as a marriage according to Jewish law, something that might change the status of the child from the second marriage?
I would be happy to talk tomorrow morning, if that is possible of course.
Thank you.
What, for example, could invalidate the first kiddushin?