A Mamzer Marrying a Shifchah

The topic came up on Areivim about the possibility of a mamzer
"marrying" a shifchah, in which case the children are acadim, and
when freed, wouldn't be mamzeirim.

RAZZ asked me to put up on the archive "The Mamzer and the Shifcha"
by R' David Katz <http://www.aishdas.org/avodah/faxes/mamzerShifcha.pdf>.

The discussion there appears to be hanging on the problem of dina
demalkhusa. Which can mean one or both of the following:

1- We live in countries where slavery is illegal. Therefore, one can't
suggest lekhat-chilah that one buy a slave in the US, it's assur.

I presume this could be avoided by:

a- moving to Israel, so that if one holds like the Ran's understanding
of Tosafos, and not like RAYK that Medinat Yisrael has at least some of
the laws of malkhus DDD doesn't apply (to a non-melekh in EY).

b- making a chiluq between a shifchah as defined in halakhah and a
slave as defined in civil law, and thus find a way to have a shifchah
who isn't a slave.

2- There is a rule in CM that by default, the norms of your host society
are fiscally binding. Therefore one could argue that it is impossible to
buy a shifchah in a country where buying people is illegal.

Possible ways out:

a- Is DDD in this sense the law on the books, or the de facto reality?
And does your country have enough vilators (eg in the prostitution trade)
that we can say buying people qualifies as de facto effective (even if
illegal)?

b- A variant of the same idea as 1b. We would presumably be looking a
way in which halakhah recognizes the qinyan of a shifchah in a way that
the laws about buying people doesn't apply.

Tir'u baTov!
-Micha

--

-- 
Micha Berger             The trick is learning to be passionate in one's
micha <at> aishdas.org        ideals, but compassionate to one's peers.
http://www.aishdas.org
Fax: (270) 514-1507
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