Wherever there is betrothal and no transgression [i.e., where betrothal "takes" and there is no transgression in the marriage], the child follows (the lineage of) the male. [This rule is non-categorical; for in the instance of a proselyte who marries a mamzereth, there is betrothal and no transgression, for the congregation of proselytes is not called a "congregation" (of the L-rd) viz. Deuteronomy 23:3 - "A mamzer may not come into the congregation of the L-rd", in spite of which the child does not follow the lineage of the male, the child being a mamzer, whether a proselyte married a mamzereth or a mamzer married a proselyte.] Which is that? [i.e., an instance in which the child follows the lineage of the father]? The daughter of a Cohein, a Levite, and an Israelite married to a Cohein, a Levite, and an Israelite, (the child bearing the father's designation). And wherever there is betrothal and transgression, the child follows the blemished one. Which is that? A widow married to a high-priest; a divorcée or a chalutzah married to a regular priest (in which instance the child is a challal, banned to the priesthood), a mamzereth and a Nethinah married to an Israelite; the daughter of an Israelite married to a mamzer or a Nathin. And wherever her betrothal does not "take" with him, but it does take with others, the child is a mamzer. Which is that? One who lives with any of the [kareth-interdicted] arayoth of the Torah. [In Yevamoth (49a) This is derived from (Deuteronomy 23:1): "A man shall not take his father's wife," followed by (3): "A mamzer shall not come into the congregation of the L-rd." And it ("his father's wife") is understood to be a woman awaiting yibum with his father, i.e., the wife of his father's brother, who is kareth-interdicted to him.] And wherever her betrothal takes neither with him nor with others, the child is as she is. Which is that? The child of a bondswoman and a gentile woman. [In respect to a bondswoman it is written (Exodus 21:4): "The woman and her children shall belong to her master." And, in respect to a gentile woman it is written (Deuteronomy 7:4): "For he will turn your son away from Me." The fact that "For she will turn" is not written indicates the meaning to be: Do not give your daughter to his son, for he, your daughter's husband, will turn your son, which your daughter will bear to him, away from Me. But it ("For he will turn") does not refer to "Do not take his daughter for your son," for the son of a gentile woman is not called "your son," but "her son."]
Bartenura on Mishnah Kiddushin
כל מקום שיש קדושין ואין עבירה – that the betrothal takes effect, and there is no sin [associated] with her marriage. And this principle is not exact, for a male convert who marries an illegitimately born female, the betrothal is valid but there is no sin [associated] with it, for a community/congregation of converts is not called a community. And even though any child-born goes after the [status] of the male, [in this case] the child is illegitimate (i.e., a Mamzer), both whether a convert married an illegitimately born female or whether a Mamzer married a woman convert.
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English Explanation of Mishnah Kiddushin
Introduction
This mishnah begins discussing a subject which will be covered throughout the remainder of Kiddushin: lineage. We have already encountered throughout Seder Nashim many different genealogical statuses: priests, Levites, Israelites, converts, mamzerim, natinim and more. Our mishnah discusses how these lineages are transmitted from generation to generation, namely the issue of whom the child’s lineage follows, that of the father or that of the mother. We should note that lineage was probably the most important factor in choosing a spouse in the ancient Jewish world and probably was a key factor in the entire ancient world. Indeed until the modern period many matches between young men and women were made based on lineage. Lineage largely determined a person’s social standing. It is sometimes hard to relate to this value for those of us living in 20-21st century America, a country where societal standing is perhaps less based on lineage than almost any nation throughout history.
The final clause of our mishnah contains the famous principle of “matrilineal descent” the “Jewishness” of the child follows the mother and not the father. This principle is surprising since ancient Jewish society was clearly patriarchal. Men were almost always the heads of their households, the woman would typically leave her family to enter the man’s house, men had custody and overall responsibility for their children etc. Furthermore, it seems quite clear that the Bible operates on the principle of “patrilineal descent.” Throughout the Tanakh men marry women of foreign descent and the women assimilate into their husband’s culture and homes (or notoriously fail to assimilate). The same is true of Second Temple literature such as the later books of the Bible, Josephus and Philo. How the matrilineal principle came to dominate rabbinic halakhah and literature is a mystery. There are a few places in rabbinic literature with a hint of a patrilineal principle, but there are few of them and they are usually rejected. A good discussion of these issues can be found in Shaye Cohen’s excellent book, The Beginnings of Jewishness.
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Bartenura on Mishnah Kiddushin
וכל מי שאין לה עליו קדושין וכו' הולד ממזר – In [Tractate] Yevamot (49a) we derive it from Scripture, as it is written (Deuteronomy 23:1): “No man shall marry his father’s former wife, [so as to remove his father’s garment],” and near it (verse 3), [it states]: “No one misbegotten [shall be admitted into the congregation of the LORD; none of his descendants, even in the tenth generation, shall be admitted into the congregation of the LORD].” And we maintain her as a widow whose husband died childless waiting for her brother-in-law to act (i.e., either to marry her or to absolve her of the obligation through the Halitzah/refusal ceremony) of his father, as she is the wife of the brother of his father and she is liable to Divine extirpation through him.
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English Explanation of Mishnah Kiddushin
Wherever there is kiddushin and there is no transgression, the child goes after the status of the male. And what case is this? When the daughter of a priest, a Levite or an Israelite is married to a priest, a Levite or an Israelite. In normal marriages the status of the child follows that of the father: the child of a priest is a priest, of a Levite is a Levite and of an Israelite is an Israelite.
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Bartenura on Mishnah Kiddushin
על אחת מכל העריות – of those liable for Divine extirpation.
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English Explanation of Mishnah Kiddushin
And wherever there is kiddushin and there is transgression, the child goes after the status of the flawed parent. And what case is this? When a widow is married to a high priest, or a divorced woman or a halutzah to an ordinary priest, or a mamzeret or a netinah to an Israelite, and the daughter of an Israelite to a mamzer or a natin. However, if the marriage is valid, meaning that the woman requires a get to separate from the man, but the marriage involves a transgression, the child receives the lower status. Therefore, the child of a mamzer or a mamzeret is a mamzer(et). Furthermore, if the marriage is prohibited but neither parent is “flawed” (such as a mamzer or a natin), a female child from such a marriage is disqualified from subsequently marrying a priest. For instance the daughter of a priest and divorcee cannot marry a priest.
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Bartenura on Mishnah Kiddushin
ולד שפחה ונכרית – as it is written [regarding] a female maidservant (Exodus 21:4): “the wife and her children shall belong to the master…” and [regarding] a heathen woman, it is written (Deuteronomy 7:4): “For they will turn your children away from Me [to worship other gods]…,” and because it is not written, “and she will turn [your children] away [from Me], we learn from it that this is how it should be understood: “do not give your daughters to their sons [or take their daughters for your sons]” (Deuteronomy 7:3), for the husband of your daughter will turn away your son that your daughter will give birth to through him from Me, but, it does not repeat “his daughter you shall not take for your son,” for the child (literally “male,”) that comes from the heathen is not called “your son,” but rather, “her son.”
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English Explanation of Mishnah Kiddushin
And any [woman] who cannot contract kiddushin with that particular person but can contract kiddushin with another person, the child is a mamzer. And what case is this? One who has intercourse with any relation prohibited in the Torah. If the marriage is invalid, but the woman could be betrothed to other men, the child is a mamzer. The example given is incest.
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English Explanation of Mishnah Kiddushin
And any [woman] who can not contract kiddushin with that particular person or with others, the child follows her status. And what case is this? The child issue of a female slave or a gentile woman. This section is where we see the famed “matrilineal principle.” We should note that it is incomplete. The mishnah states that the child of non-Jewish woman or slave is not Jewish or is a slave, but it does not specifically address the status of the child of a Jewish mother and male father.
