Originally Posted by
Distinguished Toastmaster
Sorry for the digression, but Tristan, you might be interested in a book called Rabbi Jesus. It was written by an Episcopal priest, who is an expert on first Century Judaism, and uses that knowledge, plus his study of the Gospels, to look at the historical Jesus.
According to the book, because of Jesus's out-of-marriage conception (there were doubts among the good Jews of Nazareth on whether Joseph was Jesus's father), Jesus would have been considered a "mamzer" or a bastard, and his marriage choices would have been limited.
Actually, according to Jewish law, Jesus, as the son of an unmarried Jewish woman, would be legitimate. He would not be considered a
mamzer. A
mamzer is the child of an adulterous relationship in which the mother is married, but not to the father of the child. This differentiation is because although it was socially unacceptable, sex before marriage (fornication) was not considered a sin equal to adultery, which is mentioned in the ten commandments.
In the customs of Judea and Galilee under the Romans, there were three methods of marriage. One was to have sexual intercourse that was publically known--usually by the couple moving in together (equivilent to common law marrriage). Another was a public declaration by the families (betrothal). The last, called
Kiddushin was betrothal followed by a ceremony in which the Ketubah (marriage contract) was read and signed. All were accepted, but the first was considered a low-class method. Only in the third way were the rights of the woman preserved by the Ketubah. By the end of the Talmudic period (about 500 CE) the last two were made into one ceremony.
With respect to the legal recognition of who the father is, when a woman becomes pregnant, the child is considered the child of her husband--
no matter what the kid looks like! If she has no husband, then the man who steps forward to claim the child is considered the father, and the child is considered legitimate. It is through the mother that the child recieves status as a member of the people Israel. This was done because for 500 or more years before the Common Era (the time of Jesus), Israel and Judea were repeatedly overrun, invaded, conquered and governed by others. These wars were associated with much rape and mayhem. By making the rules work this way, a woman who was raped and made pregnant by mauraders, foreign soldiers or whoever, was protected and her child was also protected.