[Avodah] Safek Mamzer

[Harry Weiss]

> From: Arie Folger <afolger at aishdas.org>
>
> RMFeldman wrote:
>> But wouldn't a rabbinic court rule that this [a bab bron 8 1/2 months after
>> a get --arie]  be a case of a mamzer safek, which is not a mamzer?
>
> MideOraita, you make sense, but miderabbanan, a doubtful mamzer is in the
> worst possible situation, being able to marry neither meyuchasim/ot nor
> mamzerim/ot. See the last chapter of Qidushin, concentrate on shtuki/asufi.
>
> Arie Folger

You are correct that if someone is declared a safek mamzer, they would be 
in a worse situation than a vaadai mamzer.

In real Psak that I have seen or heard of, poskim have taken the safek and 
used it declare that person is a vadai non mamzer.  The posek will look 
for another safek to make it a sfeik sfeika or some other method.

>

Harry J. Weiss
hjweiss at panix.com