Responsa for Yevamot 73:11
מאי קאמר אמר אביי הכי קאמר ראשון ראוי להיות כהן גדול ושני ספק ממזר ואסור בממזרת ר' אליעזר אומר אינו ספק ממזר אלא ודאי ממזר ומותר בממזרת
is deemed a bastard owing to his doubtful origin.<span class="x" onmousemove="('comment',' It being possible that the first child was the son of the deceased, and that the levirate marriage was consequently forbidden under the penalty of kareth. Children born from such a union are bastards. ');"><sup>28</sup></span> R. Eliezer b. Jacob said: He is not of doubtful bastardy.<span class="x" onmousemove="('comment',' Cur. edd., 'There is no bastard on account of doubt'. ');"><sup>29</sup></span> What does he<span class="x" onmousemove="('comment',' R. Eliezer b. Jacob. ');"><sup>30</sup></span>
Teshuvot Maharam
Q. A, of priestly lineage, married a nursing widow, Leah. Before the marriage took place, Leah, following the advice of Rabbi Jacob (of Cracow), gave her infant to a wet-nurse who made a vow Al Daat Rabbim (the interpretation of said vow to lodge with an undetermined number of people, and, therefore, incapable of annulment) not to resign her position till the infant be of age to be weaned (two years). Many have disputed the efficacy of this procedure, and gave their opinions that A must divorce Leah. Rabbi Jacob pleaded that A be not required to divorce Leah since A, being of priestly lineage, would not be able to remarry her after the two year period of nursing be over.
A. A person who married a nursing widow must divorce her, even though he was of priestly lineage and consequently could not remarry her, once he divorced her. The wet-nurse's vow is of no avail since her husband could annul it even though it was made Al Daat Rabbim.
SOURCES: Pr. 864; Tesh. Maim. to Nashim, 24; cf. R. Asher, Responsa, 53, 2; Tur Eben Haezer 13.
A. A person who married a nursing widow must divorce her, even though he was of priestly lineage and consequently could not remarry her, once he divorced her. The wet-nurse's vow is of no avail since her husband could annul it even though it was made Al Daat Rabbim.
SOURCES: Pr. 864; Tesh. Maim. to Nashim, 24; cf. R. Asher, Responsa, 53, 2; Tur Eben Haezer 13.
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