The Jewish status of a child of an intermarriage TB Yevamot 45

Today’s daf TB Yevamot 45 discusses a very relevant halakha. What is the status of a child in an intermarriage? According to Jewish law a child born of a Jewish father and a Gentile mother, the child is a Gentile until s/he converts. What is the status of a child born of a Jewish mother and a Gentile father? We have three options. The child is a mamzer and can never enter the community of Israel; the child is a kosher Jew in all ways; or something in between, the child is kosher, but his lineage is sullied (פָּגוּם ).

As in all cases the sages disagree about the child status. There are those who declare the child a mamzer. “The Gemara considers the status of other children born from forbidden unions: Rabba bar Ḥana said that Rabbi Yoḥanan said: All agree with regard to a slave or a gentile who engaged in intercourse with a Jewish woman that the offspring born from such a union is a mamzer.” (Sefaria.org translation) And there those who declare that the child is kosher to enter the community of Israel. “Rav and Shmuel in Babylonia, and Rabbi Yehoshua ben Levi and bar Kappara in Eretz Yisrael, and some say to remove bar Kappara from this list and insert instead the Elders of the South, who all say: With regard to a gentile or a slave who engaged in intercourse with a Jewish woman, the lineage of the offspring is unflawed, and he or she may marry into the congregation of Israel.” (Sefaria.org translation)

Even if one holds the position that the child may enter into the congregation of Israel, the child status is sullied (פָּגוּם ). “Rabbi Yehoshua ben Levi says: The lineage of the offspring is sullied, and if the child is a girl she is restricted in whom she may marry. The Gemara asks: To whom is she prohibited from marrying? If we say it is to the congregation of Israel, but didn’t Rabbi Yehoshua himself say that the lineage of the offspring is unflawed and he or she may marry into the congregation of Israel? Rather, the offspring is prohibited to marry into the priesthood, as all of the amora’im who render the offspring fit to enter the congregation of Israel agree that the offspring has flawed lineage and is forbidden to marry into the priesthood.” (Sefaria.org translation)

What is the halakha? Both the Rambam and Joseph Karo poskin that the child is kosher, but may not marry a kohen. The Rif, Ramban, and the Maggid Mishnah poskin that the child may marry a Kohen. The Akhronim decided although the child of the offspring between a Jewish woman and a Gentile man is Jewish, the child should not marry a kohen. Nevertheless, if the child did marry a Kohen, the marriage stands and doesn’t need to be dissolved by divorce.