Kiddushin: Difference between revisions
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* Rabbenu Tam and Rambam argue that it isn't absolutely necessary. Rather there is an assumption that all families are permitted unless there was reason for suspicion. Only kohanim must check into the families of potential spouses before getting married because there are more prohibited marriages for kohanim. | * Rabbenu Tam and Rambam argue that it isn't absolutely necessary. Rather there is an assumption that all families are permitted unless there was reason for suspicion. Only kohanim must check into the families of potential spouses before getting married because there are more prohibited marriages for kohanim. | ||
* Tur suggests that perhaps even kohanim do not need to check the lineage of their potential spouse, but has reservations about this. | * Tur suggests that perhaps even kohanim do not need to check the lineage of their potential spouse, but has reservations about this. | ||
* Halacha: Shulchan Aruch E.H. 2:2 codifies the opinion of Rambam.</ref> | * Halacha: Shulchan Aruch E.H. 2:2 codifies the opinion of Rambam.</ref> Many rishonim hold that a cohen should check the lineage before marrying but the minhag is not to check lineage at all.<ref>Otzar Haposkim 2:5 quotes Eretz Tzvi and Aruch Hashulchan who are strict that a cohen should check the lineage of his potential spouse to know that she is permitted to a cohen. It also quotes Imrei Dovid who writes that it is proper for a cohen to be strict but technically speaking it is possible to be lenient. Elef Lecha Shlomo 15 and Chazon Ish agree. Elef Lecha Shlomo 14 is lenient for a cohen to marry an orphan girl about whom nothing is known. One of his reasons to be lenient is Maharashdam 235 who writes that we're more lenient today since we don't know that our cohanim are certain cohanim. [Maharchash in Torat Chaim 3:54 notes that Maharsham 235's proof from Rivash 94 isn't a proof at all. Rivash only said that our cohanim today aren't certain cohanim and there's no unique penalty for cursing a cohen any more than anyone else. But there is no general statement that cohanim today aren’t certain cohanim.]</ref> | ||
# If there is a family who people don't know, some poskim hold that it is necessary to check about their lineage before marrying into their family to ensure that they aren't mamzerim.<Ref>Bet Shmuel 2:3 cites Maggid Mishna who has two interpretations of the Rambam with the practical application being whether it is necessary to check lineage before marriage. Bet Shmuel explains that even the interpretation that is strict if people don't know this family. He proves this from siman 3:1.</ref> Other poskim hold that it isn't necessary.<ref>Pitchei Teshuva 2:2 quotes Shaar Hamelech who disagrees with the Bet Shmuel that checking lineage even for a family that is unknown to a community is unnecessary. Yabia Omer EH 7:1 agrees with Shaar Hamelech and quotes others who agree. Bet Hillel 2:2 agrees with Bet Shmuel and writes that this was the minhag in Lithuania.<Ref> | # If there is a family who people don't know, some poskim hold that it is necessary to check about their lineage before marrying into their family to ensure that they aren't mamzerim.<Ref>Bet Shmuel 2:3 cites Maggid Mishna who has two interpretations of the Rambam with the practical application being whether it is necessary to check lineage before marriage. Bet Shmuel explains that even the interpretation that is strict if people don't know this family. He proves this from siman 3:1.</ref> Other poskim hold that it isn't necessary.<ref>Pitchei Teshuva 2:2 quotes Shaar Hamelech who disagrees with the Bet Shmuel that checking lineage even for a family that is unknown to a community is unnecessary. Yabia Omer EH 7:1 agrees with Shaar Hamelech and quotes others who agree. Bet Hillel 2:2 agrees with Bet Shmuel and writes that this was the minhag in Lithuania.<Ref> | ||
# If there is a rumor spread by two kosher witnesses who testified that a mamzer, challal, or slave got mixed into a certain family, there is a concern about their lineage and people should check their lineage before marrying in.<Ref>Shulchan Aruch E.H. 2:3</ref> | # If there is a rumor spread by two kosher witnesses who testified that a mamzer, challal, or slave got mixed into a certain family, there is a concern about their lineage and people should check their lineage before marrying in.<Ref>Shulchan Aruch E.H. 2:3</ref> | ||
