Aaron and the Chalutzoh


According to the Torah, a Kohen is allowed to marry a chalutzoh, so his child from that chalutzoh is also a kohen mide'oreisa. How, then, could Chazal call the child a Yisroel and permit him to be metamei and to marry a gerushoh himself? This is an issur de’oreiso for him, seeing that, as according to the Torah he is still a Kohen!


The Shulchan Aruch Even Ha-Ezer (7:20) explicitly states that a cholol shel divreihem (e.g., the product of a kohen with a chalutzoh) has the chumros of both a kohen and a Yisroel. He cannot eat terumoh, cannot defile himself for a dead person, must marry a woman befitting a Kohen, and deserves malkos if he marries a pesuloh lekehuna.

There is a discussion as to what kind of malkos he should receive. The Mishne Lamelech (Issurei Bioh 19:10) rules that he should receive malkos min ha-Torah since he is a proper kohen min ha-Torah. The Chelkas Mechokek (7:28), the Beis Shmuel (7:41) and others concur (see Bach, Even Haezer, siman 7). The Perishoh (Even Haezer 7) rules that he receives malkos miderabonon so that no one will mistake him for a proper kohen and serve him terumoh. The simple reading of the Rambam and Shulchan Aruch support the Perishoh.

He retains all the chumros of a kohen. The implication of the Shulchan Aruch is that he cannot even marry a chalutzoh who is only pesuloh miderabonon.

He also has all the stringencies of a Yisroel. He cannot be nosei kapayim (Mogen Avrohom 128:63), nor can he be metamei lemeisim (Rambam, Issurei Bioh 19:10).

BookID: 3 Chapter: 7

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