More Discussions for this daf
1. Mekadesh Al Menas 2. Mamzerus - basic definition
DAF DISCUSSIONS - KIDUSHIN 49

Chaim Koken asked:

Maybe this question belongs in Yevomos but how is it possible that there could be such divergent opinions on what constitutes creates mamzerus? We have opinions in the gemora that mamazerus stems from an illicit relationship Chayvei aseh to chayvei missas bes din. All the tanoyim were semuchim from har sinai and yet how could there be such a great disagreement in the basic definition of a posuk in devarim?

Chaim Koken, New York

The Kollel replies:

Why does this Machlokes bother you more than many others in Shas? For example, Tzaras ha'Bas is a Mitzvah to be Miyabem according to Beis Shamai, while it is Asur b'Kares according to Beis Hillel.

Actually, the Machlokes concerning Mamzerus is actually easier to understand than many others. The definition of Mamzer is the same according to everyone: the child of parents who cannot be married (no Tefisas Kidushin). The Machlokes is not in Mamzerus, but rather it involves what unions between a man and woman have no Tefisas Kidushin.

D. Zupnik