Kiddushin Chapter 3, Mishnah 12: Mishne Yud Beis on Lineage of Children

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Before us is Mishnah 12 in the third chapter of Maseches Kiddushin. The Mishnah lays down four rules for determining the lineage of a child, and they are divided according to the status of the kiddushin between the man and the woman: whether the kiddushin take effect, and whether a transgression is involved in them.

"Kol makom she'yesh kiddushin v'ein aveirah":

A situation in which the kiddushin are valid and take effect, and no sin at all is involved in the marriage. Regarding this the Mishnah says "havlad holech achar hazachar" - the child's lineage follows the father.

And what is the example of this? "Zo kohenes, leviyah v'yisre'elis shenisu l'chohen, l'levi ul'yisrael" - a woman who is the daughter of a kohen, the daughter of a Levi, or the daughter of a Yisrael who married a kohen, a Levi, or a Yisrael: the child will be a kohen, a Levi, or a Yisrael according to the father, and not according to the mother.

"Kol makom she'yesh kiddushin v'yesh aveirah":

A situation in which the kiddushin take effect, but a transgression is bound up with them. Regarding this the Mishnah says "havlad holech achar hapagum" - the child follows the flawed side of the match, whether one of the parents was flawed to begin with or whether the flaw was created by this very marriage.

"Almanah l'chohen gadol" - a widow who married a Kohen Gadol, a forbidden marriage.
"Gerushah vachalutzah l'chohen hedyot" - a woman who was divorced or who underwent chalitzah and married an ordinary kohen, which is likewise forbidden. The child does not, of course, become a widow, a divorcee, or a chalutzah, but he or she will be a chalal or chalalah as a result of this marriage.
"Mamzeres unesinah l'yisrael, uvas yisrael l'mamzer ul'nasin" - a mamzeres or a nesinah who married a Yisrael, or the daughter of a Yisrael who married a mamzer or a nasin: the child will be a mamzer or a nasin, a mamzeres or a nesinah.

"Kol mi she'ein lo aleha kiddushin, v'yesh lo al acheirim kiddushin":

A man who cannot betroth this particular woman, but who is able to betroth other women, and the woman too is able to be betrothed to others - since both sides are fit for kiddushin, just not with each other. Regarding this the Mishnah says "havlad mamzer".

And what is the example of this? "Zeh haba al achas mikol ha'arayos shebaTorah" - one who cohabits with one of the arayos stated in the Torah, with whom specifically kiddushin do not take effect, and the child born of such a union is a mamzer.

"Kol mi she'ein lo aleha v'lo al acheirim kiddushin":

A woman with whom kiddushin do not take effect at all, neither with this man nor with any other person. Regarding this the Mishnah says "havlad k'mosah" - the child follows the status of the mother.

And what is the example of this? "Zeh v'lad shifchah v'nochris" - the child of a maidservant will be a slave or a maidservant, whether it is a boy or a girl, and the child of a non-Jewish woman is not Jewish. In both of these cases the lineage is determined by the mother.

In summary: The Mishnah teaches four rules regarding the lineage of a child. When there are kiddushin and no transgression - the child follows the father. When there are kiddushin and there is a transgression - the child follows the flawed member of the couple. When kiddushin do not take effect between them but each of them can effect kiddushin with others, as in the case of the arayos of the Torah - the child is a mamzer. And when kiddushin do not take effect with her at all, as with a maidservant or a non-Jewish woman - the child is like her, following the mother.

Original maamar

אות קידושין ג:יב

כָּל מָקוֹם שֶׁיֵּשׁ קִדּוּשִׁין וְאֵין עֲבֵרָה, הַוָּלָד הוֹלֵךְ אַחַר הַזָּכָר. וְאֵיזֶה, זוֹ כֹהֶנֶת, לְוִיָּה וְיִשְׂרְאֵלִית שֶׁנִּשְּׂאוּ לְכֹהֵן וּלְלֵוִי וּלְיִשְׂרָאֵל. וְכָל מָקוֹם שֶׁיֵּשׁ קִדּוּשִׁין וְיֵשׁ עֲבֵרָה, הַוָּלָד הוֹלֵךְ אַחַר הַפָּגוּם. וְאֵיזוֹ, זוֹ אַלְמָנָה לְכֹהֵן גָּדוֹל, גְּרוּשָׁה וַחֲלוּצָה לְכֹהֵן הֶדְיוֹט, מַמְזֶרֶת וּנְתִינָה לְיִשְׂרָאֵל, בַּת יִשְׂרָאֵל לְמַמְזֵר וּלְנָתִין. וְכָל מִי שֶׁאֵין לָהּ עָלָיו קִדּוּשִׁין אֲבָל יֶשׁ לָהּ עַל אֲחֵרִים קִדּוּשִׁין, הַוָּלָד מַמְזֵר. וְאֵיזֶה, זֶה הַבָּא עַל אַחַת מִכָּל הָעֲרָיוֹת שֶׁבַּתּוֹרָה. וְכָל מִי שֶׁאֵין לָהּ לֹא עָלָיו וְלֹא עַל אֲחֵרִים קִדּוּשִׁין, הַוָּלָד כְּמוֹתָהּ. וְאֵיזֶה, זֶה וְלַד שִׁפְחָה וְנָכְרִית: There is a principle with regard to the hala-khot of lineage: Any case where there is betrothal, i.e., where the betrothal takes effect, and the marriage involves no transgression by Torah law, the lineage of the offspring follows the male, his father. And in which case is this applicable? For example, this is the case with regard to the daughter of a priest; or the daughter of a Levite; or the daughter of an Israelite, who married a priest, a Levite, or an Israelite. In all these cases the child’s lineage is established by his father’s family. And any case where there is a valid betrothal and yet there is a transgression, the offspring follows the flawed parent. And in which case is this applicable? For example, this is the case of a widow who is married to a High Priest, or a divorced woman or a ḥalutza who is married to a common priest, or a mamzeret or a Gibeonite woman who is married to an Israelite, or an Israelite woman who is married to a mamzer or to a Gibeonite. In these situations the child inherits the status of the blemished parent. And in any case where a woman cannot join in betrothal with a particular man, as the betrothal does not take effect, but she can join in betrothal with others, i.e., the woman is considered a member of the Jewish people and can marry other Jews, in these cases the offspring is a mamzer. And in which case is this applicable? This is one who engages in intercourse with any one of those with whom relations are forbidden that are written in the Torah. And in any case where a woman cannot join in betrothal with him or with others, the offspring is like her. He is not considered his father’s son at all, but has the same status as his mother. And in which case is this applicable? This is the offspring of a Canaanite maidservant or a gentile woman, as her child is a slave or a gentile like her. If he converts, he is not a mamzer.