Halachic principle of משפחה שנטמעה נטמעה
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- This topic has 5 replies, 3 voices, and was last updated 5 years, 6 months ago by Avi K.
November 21, 2017 4:19 pm at 4:19 pm #1408440
Would the Halachic principle of משפחה שנטמעה נטמעה – a family who has assimilated into the (normative) Jewish people is Jewish, indicate a goy who assimilated into the Torah observant Jewish community (and conducts a halachic life) without having converted, is nevertheless halachicly Jewish?
If not, what does the halachic principle mean?November 21, 2017 6:57 pm at 6:57 pm #1408573CSParticipant
No, as far as I have learned it means a JEWISH who is illegitimate, for example a family of mamzerim who are not allowed to marry into bnei yisrael, and did, I’ve there mixed in, down the generations, they’re inNovember 21, 2017 9:02 pm at 9:02 pm #1408690
Are you sure about that answer? Because my understanding of that halachic concept is that it applies to gentiles rather than Jewish mamzerim.November 23, 2017 11:57 am at 11:57 am #1409895
Anyone else with any input on this topic?November 30, 2017 7:56 pm at 7:56 pm #1416470
BumpDecember 1, 2017 3:48 am at 3:48 am #1416689Avi KParticipant
Partially. If he was considered Jewish and then says that he “converted himself” he may not marry a Jew as he made himself prohibited
(שווי נפשיה חתיכה דאיסורא) but his children may ( SA YD 268:11). However, if the bet din knows that he went to the mikva for tevillat Ezra or she went to purify herself from nidda they are considered Jewish b’diavad (ibid seif 3). If he claims that abet din converted him he is believed because of a מיגו (ibid Shach seif katan 20).
Regarding a case where a doubt arises see האם משפחת גויים שנטמעה נטמעה? on the website of Yeshivat Shaalvim. However, in general we have a rule that כל המשפחות בחזקת כשרות, ומותר לישא מהם לכתחילה (SA EH 2:2) so if there is no basis for doubt there is no need to check and perhaps it would even be heretical to do so (Pitchei Teshuva YD 116:10).
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