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ners until the third and fourth genera-
tion (Exodus 34:7).
But what about the mamzer? What is
he to do? Must he be marked as an out-
cast for events that preceded his birth?
In a famous midrash, we are assured
that God weeps for the mamzer and will
exalt him greatly in heaven for his sop- .
ack in yeshivah high school, one rows on earth. Does this theological
solution absolve us, the human custodi-
of my Torah teachers was a par-
ans of Torah., from seeking relief for the
ticularly gentle older rabbi with
mamzer? How can we ignore his plight?
a small white goatee. One day, conver-
The primary rabbinic solution for
sation turned to the Torah's peculiar
the
plight of the mamzer has been to
rule that appears in this week's portion,
undermine
any incriminating evidence.
"A mamzer shall not enter the Lord's
Many great sages have accomplished
congregation; until the 10th generation
this by introducing doubt (safek) about
he shall not enter the Lord's congrega-
the
status of first marriages and of the
tion" (23:3).
paternity
of children born in subse-
Skeptically, we asked him, "Do you
quent
marrianges.
They have also dis-
really enforce this rule?" His
missed
new
technologies such
answer stunned me then and
as
DNA
testing
as halachically
continues to amaze me today.
insignificant.
The
Conserva-
But first, what is a mamz-
tive
movement
has
extended
er? A mamzer is a Jew born
this, generally refusing to vali-
from one of the forbidden
date evidence of mamzerut.
sexual unions known as aray-
This solution may upset
ot, which are listed in
both
traditionalists and liber-
Leviticus 18. If a married
als.
Some
on the right would
woman becomes pregnant
insist
on
the
application of
from a man other than her
the
law,
even
one that seems
RABBI DANIEL
husband, or if any incestuous
cruel
and
unjust.
Some on the
NEVINS
relationship results in a birth,
left
would
prefer
to
uproot
Special to the
that child is permanently for-
the law altogether, since it
bidden to marry another Jew.
Jewish News
violates their own moral sensi-
In this way, he is ostracized
bilities. Yet I see wisdom in
from the community. This is one reason
the
middle
path.
why it is so important for couples who
The
integrity
of Torah is a value
divorce to obtain a kosher get, as
unto itself. But the dignity of individu-
decreed in our portion (24:1-3).
als must be scrupulously preserved. This
The mamzer rule makes some psy-
dynamic tension can be healthy in the
chological sense. Sexual passion is noto-
hands of a responsible practitioner of
riously difficult for people to control.
Halachah (Jewish law). This is a Jewish
Perhaps the prospect of producing a
analogue
to "innocent until proven
child who would be branded a perma-
guilty."
The
child is considered pure
nent outcast would suffice to cool the
until an ironclad case for mamzerut is
passion of the paramours. Nevertheless,
presented, and who has the heart to
from the perspective of the child, this
make such a case?
rule is unfair and cruel. Why should the
What about my high school rebbe?
child suffer for his parents' crime?
We
asked him what he would do if he
The Torah struggles with the issue of
possessed
evidence that a person was a
trans-generational punishment — the
mamzer — ineligible to marry another
affliction of children for crimes com-
Jew. I remember his gentle face, and his
mitted by their parents. Indeed, in this
cryptic smile, as he told our class,
very portion (24:16), we are told,
"Sometimes, files can just disappear." Il
"Parents shall not be executed because
of their children, nor children for their
parents; a man shall be killed only for
his own sin." This seems to modify ear-
lier statements that God punishes sin-
Are truth and justice always in
accord? In what circumstances
Daniel Nevins is a spiritual leader at
should one trump the other?
Adat Shalom Synagogue in Farmington
Hills.

Shabbat Ki Tetze:
Deuteronomy
2 1: 10-25:19;
Isaiah 54: I- 10.

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