CCAR RESPONSA
American Reform Responsa
141. Marriage with a Mother’s Sister or half-Sister (Aunt or half-Aunt)
(Vol. XXIV, 1914, pp. 153-154)QUESTION: The following question was submitted to your committee: Is it prohibited to perform the marriage ceremony in the case of a man who has married before a civil authority the half-sister of his mother, both having had the same father?ANSWER: My answer, sent by wire, as requested, was: “Certainly; see Lev. 18:13 and 20:19.” There marriage with an aunt–whether on the father’s or the mother s side–is prohibited as incestuous. Now, the very fact that this question could be asked by a member of this Conference, who knows his Bible well, indicates a prevailing view that the law of the land is the determining factor as to the legality of the marriage also for us Jews. Moreover, the general presumption is that just as marriage with the niece is permissible according to the Mosaic code, so should an aunt also be permitted to marry her nephew, the Mosaic view to the contrary notwithstanding. The fact has come to my notice that a member of this Conference not long ago performed the marriage ceremony of a Levirate, directly prohibited as incestuous in the Mosaic Law (viz., where the brother’s widow had a child from her deceased husband). These facts show plainly that a thorough treatment by the Conference of this question is demanded, viz.: how far the marriage laws of the State may be regarded as determining factors for the Jews, and how far they cannot legalize the marriage from a Jewish viewpoint, the same involving the legitimacy of the issue.K. Kohler
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