Who Is A Jew?/Archive 4 - Tannaitic Judaism

Tannaitic Judaism

According to the Mishnah, the first written source for halakha, the status of the offspring of mixed marriages was determined matrilineally.

According to historian Shaye J. D. Cohen, in the Bible, the status of the offspring of mixed marriages was determined patrilineally. He brings two likely explanations for the change in Mishnaic times: first, the Mishnah may have been applying the same logic to mixed marriages as it had applied to other mixtures (kilayim). Thus, a mixed marriage is forbidden as is the union of a horse and a donkey, and in both unions the offspring are judged matrilineally. Second, the Tannaim may have been influenced by Roman law, which dictated that when a parent could not contract a legal marriage, offspring would follow the mother.