Thursday, November 20, 2014
Yevamos 47
R' Yehuda told a Ger that claimed he didn't have a proper Geirus, that he's only believed about himself but is not believed about his children
Tosfos explains that he's not actually believed on himself either, because if it's true he's a gentile who is Pasul to be a witness, Therefore, he's only prohibited to marry a Jewess, not because we assume he's a gentile, but because we prohibit anything that a person believes he's prohibited in. However, regarding other people we don't believe him to be a gentile. Therefore if he has relations with a Jewess, we don't prohibit her to a Kohain the same way we would prohibit someone who had relations with a gentile.
Tosfos asks: what difference does it make to the child if the father was a Goy, since the mother was a Jewess, so the child is a regular Jew.
Tosfos answers : R' Yehuda must hold like the Shita that if a Jewess has relations with a gentile, this would render the child to be a Mamzer. Therefore the father is not believed to make the child a Mamzer.
Rabbi Chaim Smulowitz.
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