Kiddushin 75: Different Unions, Mamzerim, and Intermarriage

The Gemara discusses Rabbi Shimon ben Gamliel's assertion that "Anyone whose daughter you may marry, you may marry his widow; And anyone whose daughter you may not marry, you may not marry his widow".  A number of different possible relationships are offered -- can this woman marry into the priesthood?

• second generation Egyptian [man] with a Jewish woman
• the offspring of a high priest and a widow 
• the children of Ammonite men vs Ammonite women
• Moabite convert, Moabite man, Moabite woman
• priest and a widow of questionable lineage
• Samaritan men marrying Samaritan women

The rabbis discuss the notion of a compound uncertainty.  This describes a case where a person has two sources of questionable lineage.  In these cases, the rabbis rule leniently.  We learn that Hillel the Elder taught that Jews of ten lineages ascended from Babylon to HaAretz, and all ten can marry into each others' families.  Immediately, the rabbis counter this idea with arguments of Rav and Shmuel regarding a woman who becomes pregnant while betrothed.  Is the child a shetuki?  A mamzer?  Who is s/he permitted to marry?  Is she credible regarding the father of this potential child if she says it was a priest?  Is it likely that she is credible based on the population of her town?  It is notable here that Rabbi Yehoshua says that she is not credible while Rabban Gamliel and Rabbi Eliezer say that she is credible.

The Gemara wonders whether or not mamzerim are born from a number of different unions.  These unions seem to be examples of sexual intercourse outside of marriage, which was already a serious transgression for women. 

The rabbis seem to be struggling with themselves about the seriousness of intermarriage.  When I imagine that they could have simply decided on stringency, my thinking is flawed.  Just like today, people will intermarry.  Even more, people will have intercourse with each other outside of halacha.  If the rabbis were to impose the consequence of karet on all of those individuals, they might disrupt the actual cohesion of any one given society.  But the rabbis cannot be lenient without proof texts.  Even if Hillel says that intermarriage is reasonable, the rabbis must ensure that they can apply his recommendation to other situations in other times.

The exclusivity of the Jewish religion is one of the ingredients in anti-semitism, I believe.  It doesn't justify anti-semitism, but I can understand when people say, "what do you mean, I can't join your club?  You think you're better than me?"  Jews don't proselytize; we turn people away.  We hold ourselves to different, more stringent standards than others.  Why are we so afraid of intermingling?  Especially for those of us who are not orthodox - why would we hang on to ancient laws and mores about intermarriage and the maintenance of practices that we might not even care for?

Perhaps we know that Judaism will very quickly die without an exclusionary stance.  Our traditions, difficult and onerous at times, will be forgotten as we pick up the traditions of other cultures and religions.  But is it the worst thing in the world if Judaism dies?  Perhaps it cannot die, as it has already contributed so much to our world culture. Perhaps it will simply morph into something different -- and how do we know that G-d did not intend for that change to happen?  That G-d did not hope that eventually we would understand Hillel and allow us to intermarry.

The notion of stratified societies where people are designated to tasks based on birth rather than skill or inclination is a whole other story, too.  For another day.