Reply To: gerut l'chumra

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rabbiofberlin
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Sam2: I am aware that one of the (najor) problems with Ethiopian jews was the case of a divorce. Whereas-as you say- their “kiddushin” would be good, their “gittin” were not in accordance with the halocho and hence, the problem of mamzerim did indeed intrude into this. I do not now how the present day Poskim -chiefly R’Ovadia Yossef- handled that (I will try to look up the teshuvo) but I suspect it does have to do with “mamzer vadai velo mamzer soffek” which (contrary to what you wrote) is indeed the halocho “mid’oraisa” (see Rambam hilchos issurei biah 15-21). The chachomim,however, added soffek mamzer as a “geder bejuchsin”. Possibly, the fsct that we were talking about a “klal” we ended up paskening on a “doraisa” basis.