עברית
Halachot and Customs
The Status of a Child Born from a Relationship Between a Cohen and a Divorced Woman Outside of Marriage
Question
A divorced woman is now in a relationship (without marriage) with a Cohen. She became pregnant; is there an issue with the child, similar to marriage between a Cohen and a divorced woman? To what status does the child belong? And if this is outside of marriage, have they transgressed the prohibition of a Cohen and a divorced woman? Thank you very much
Answer
Greetings,
1. A Cohen is forbidden to have a relationship with a divorced woman even if he is not marrying her and she is living with him as just a concubine (see what is brought in the book Otsar HaPoskim, Part 1, Section 6, Paragraph 1, Subparagraphs 1, 3, and in the responsa Debarot Eliyahu, Part 9, Section 116).
2. The child born as a result of this forbidden relationship is considered a chalal. This means he is disqualified from the holiness of the priesthood and is regarded as a regular Israelite; therefore, he is permitted to marry a divorced woman and to become impure with the dead (Shulchan Aruch, Even HaEzer, Section 7, Paragraph 12). Additionally, since this child is disqualified from the holiness of the priesthood, he cannot bless the congregation in the Priestly Blessing (Shulchan Aruch, Orach Chaim, Section 128, Paragraph 42, and Mishnah Berurah there), nor can he be called to the Torah as a Cohen (see Tractate Gitin, Page 59, end of Column 2), nor can he serve as a priest in the redemption of the firstborn (see for example, Responsa Chut Sheni, Section 116). If a daughter is born as a result of this forbidden relationship, she will be a chalalah, and it will be forbidden for her to marry a Cohen (Shulchan Aruch, Even HaEzer, Section 7, Paragraph 16), but she is permitted to marry any other Jewish man.
Best regards,
Hillel Meirs
