What Is a Mamzer, and Why Is the Status So Severe?

Not the same as ‘born out of wedlock’ — the actual definition is narrower and more specific than assumed.

Q. Is a “mamzer” a bastard, and why isn’t he allowed to marry a regular Jew? How could a mamzer exist when there was a death penalty, for if the parents are killed, he wouldn’t be born?

A “mamzer” is one born from an illicit relationship so severe that marriage would not even “take effect”, even if they tried to get married. For example, conception from an incestuous relationship (like brother-sister), or a married woman with another man (if she hasn’t received a kosher divorce from her husband) would be a mamzer. In such a case, the parents are believed regarding the child’s situation, but they can’t be punished on self-testimony. Accordingly, the child is born and the parents, not put to death. Alternatively, another case could be if witnesses against the parents would only come forth after the child is born. On the other hand, the term “bastard” in English is used regarding a child born out of wedlock, but such a child is not (!) considered a mamzer, because that man and woman could marry each other. It’s forbidden for any couple to have intimate relations before marriage, nevertheless, a child conceived then is not a mamzer. One explanation of the severity of the punishment is that often, the fire of desire may blind a person to think that he doesn’t care about his eventual punishment. Nevertheless, if there’s 1 thing that may deter them, it’s concern for their children, for one usually cares about them even more than for himself.