Yerushalmi Kiddushin 3:13 ירושלמי קידושין ג׳:י״ג

MISHNAH: Rebbi Tarphon says, bastards can cleanse themselves. How is this? If the bastard married a slave girl, the child is a slave. When he is manumitted, the son is a free person²⁹²Naturally, the son is not legally his father's son and heir; he cannot inherit except by a will. But he will be able to marry in the congregation.. Rebbi Eliezer said, he is a slave and a bastard²⁹³In his opinion, manumission of the slave will not remove the stigma of bastardy..

HALAKHAH: “Rebbi Tarphon says, bastards can cleanse themselves,” etc. So is the Mishnah: A bastard is permitted to marry a slave girl²⁹⁴This is not an emendation of the Mishnah, but a logical inference. In general, a Jew is not allowed to sleep with a slave girl since any sexual relations with a person whom he could not marry violate Deut. 23:18. But R. Tarphon implies that the informal marriage of a bastard with a slave girl (or a free Gentile woman) has rabbinic blessing since 1) the bastard is precluded from contracting a marriage with members of the congregation and 2) having the possibility of sexual relations is a basic human right (Gen. 1:28). The Babli agrees, 69a.. Rav Jehudah in the name of Samuel: Practice follows Rebbi Tarphon²⁹⁵Babli, 69a.. Rebbi Simlai instructed in Antiochia²⁹⁶According to the Babli, his landlord was a bastard; he counseled him how to have marriageable children., Rebbi Simai instructed in Kefar Seforaia²⁹⁷The name of the locality cannot be determined either from L (different versions of scribe and corrector) or from G.: Practice follows Rebbi Tarphon.

²⁹⁸Tosephta 5:11–12; in slightly different form Babli Yebamot 99a.“It was stated in the name of Rebbi Meïr: It can happen that a man and a woman give birth to five nations²⁹⁹A nation is defined here as a group of people following identical marriage rules.. How is this? [A Gentile]³⁰⁰Reading of G and Tosephta; implied by L. had a male and a female slave who had children: these are Gentiles³⁰¹As far as Jewish marriage laws are concerned, there is no difference between a Gentile free person and a Gentile slave.. If one of them³⁰²One of the children. became Jewish, one is a proselyte and one a Gentile. If their master converted and converted them³⁰³If the parents become slaves in a Jewish household, the children will be slaves under Jewish law. as slaves, [any children] are slaves.” Rebbi Ze‘ira said, this implies that if a Gentile had intercourse with a slave girl, the child is a slave³⁰⁴This rule is presupposed everywhere in the Yerushalmi. Since the slave girl cannot marry and is forbidden as sex partner to any free Jew by Deut. 23:18, she has the right to freely associate both with slaves and Gentiles. The children of the slave mother always inherit their mother’s status; Mishnah 3:15.. “If he manumitted the slave girl and she had a son, the child is a bastard³⁰⁵Once the woman is freed, if she continuous to live with the slave who was her de-facto husband as a slave, the child is a bastard for R. Meïr (Note 252).. If afterwards he manumitted the slave and he begat a child, he is a freed slave.³⁰⁶Following Mishnah 3:15, there is marriage without sin; the child obtains the status of his father.” ³⁰⁷Tosephta 5:13; Babli Yebamot99a.“It can happen that a man sells his father to pay his mother’s ketubah. How is this? Somebody has a male and a female slave and they have a son. He manumitted the female slave, married her, and willed all his property to her son. That is one who sells his father to pay his mother’s ketubah.”

³⁰⁸Tosephta 5:4, Babli 72b, in different formulation.“Rebbi Meïr says, bastards will not be purified in the future, since it is said³⁰⁹Za. 9:6.: ‘The bastard will dwell in Ashdod’; one carried garbage to garbage and deviant to deviant. Rebbi Yose says, bastards will be purified in the future, since it is said³¹⁰Ez. 36:25.: “I shall pour upon you pure water [and purify you]²⁸³The statement of the baraita is missing in G..” Rebbi Meïr said to him, but it says only “from all your impurities and all your abominations I shall purify you.” Rebbi Yose said to him, if it had only said, “from all your impurities and all your abominations” and then stopped, I would have agreed with you. But since it adds “I shall purify you³¹¹Quoted in G; the “etc.” in L is better talmudic style, not quoting the part of the verse to which one really refers.”, from bastardy. Rebbi Huna said in the name of Rav Joseph, practice in the future will not follow Rebbi Yose³¹²A repetition not logically necessary..