Talmud Bavli
Talmud Bavli

Responsa for Yevamot 73:16

ואת אמרת הלכה כרבי אלעזר

he is, however, regarded as one of doubtful bastardy and is consequently forbidden to marry a bastard.<span class="x" onmousemove="('comment',' Since it is equally possible that he himself is not a bastard. ');"><sup>38</sup></span> And they<span class="x" onmousemove="('comment',' Abaye and Raba in their differing explanations of the Baraitha cited. ');"><sup>39</sup></span> differ in [the interpretation of a ruling] of R. Eleazar. For we learned: 'R. Eleazar said, persons of confirmed illegitimacy may [intermarry] with others of confirmed illegitimacy, but those of confirmed illegitimacy may not intermarry with those of doubtful illegitimacy;<span class="x" onmousemove="('comment',' Since it is possible that a person of doubtful legitimacy may in fact be legitimate, and by marrying one whose illegitimacy is established a bastard, contrary to Pentateuchal law, would be 'admitted into the congregation'. (V. Deut. XXIII, 3). ');"><sup>40</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.
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