[Avodah] Safek Mamzer

[Micha Berger]

On Fri, September 1, 2006 11:07 am, R Harry Weiss wrote:
: 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....

Usually you can invoke a chezqas kashrus.

However, there is a notable exception -- an adoptee, where so many are
concieved in less-than-kosher ways that there is no chezqas kashrus. This is
why it USED TO BE advised to adopt a non-Jew and be megayeir him/her rather
than adopt a Jew.


Two more Areivim-dik things though that I must say here lest someone get the
wrong impression from the above:

Most importantly, it's not too lemaaseh anymore, since nearly all adoptions
are sufficiently "open" that one can do the necessary research to eliminate
the safeiq.

Second, I never understood the advice. This child will be a safeiq mamzeir and
a Jew regardless. *Someone* has to take this child in, and if the frum world
doesn't the child will be subject to shmad. (Usually literally -- there are
"faith-based charities" that will jump at the chance of finding a home for a
Jewish child amongst theirs.)
Not to mention the possibility of the poor kid having to go through life
single (barring a giyores willing to have safeiq mamzeirim for children and
grandchildren) AND without parents.

-mi
http://www.aishdas.org/asp