Presumption of priestly descent

In Judaism, the presumption of priestly descent is the presumption that a Jewish man is a priest (kohen), based not on genealogical records of descent from Aaron or on Jewish court rulings, but rather by observation of his priestly behavior as recognized by his peers and community. Such an individual is called a kohen muhzak (presumed kohen or status-quo kohen; Hebrew: כהן מוחזק, from חזק).

The criteria for this determination are described in rabbinical halakhic texts. In the Land of Israel the criteria consisted of performing the Priestly Blessing and receiving terumah at the threshing floor, while in Syria and Babylonia the Priestly Blessing constituted adequate grounds without receiving terumah.^[1]^[2] Other criteria might include observing the priestly laws about impurity and forbidden marriages, or receiving the first aliyah in synagogue.^[3]

Rabbi Jose ben Halafta extolled the soundness of this "presumption" (chazakah) by calling it a basis for the entire halakhic concept of chazakah.^[4] It is based on this presumption that all poskim agree to forbid presumptive kohanim from marrying a divorcee. Among the Acharonim, this presumption described as "a sound presumption".^[5]

^ Jacob Neusner The Comparative Hermeneutics of Rabbinic Judaism: Seder Moed 2000, Page 108 "T. 3:1 There are two presumptive grounds for a person's being deemed to be in the priesthood in the Land of Israel: Raising up hands [in the priestly benediction], and sharing heave-offering at the threshing floor."
^ The Talmud of the Land of Israel: An Academic Commentary Volume 1 Jacob Neusner – 1998 "Just as eating heave offering is presumptive evidence that a person is a priest in the case of the dividing of shares at the threshing floor], so first tithe is presumptive evidence that a person is a Levite in the case ..." (Jerusalem Talmud Ketubot 2:7, etc.)
^ Cite error: The named reference cy247 was invoked but never defined (see the help page).
^ Babylonian Talmud Ketubot 24b
^ "A sound Chazakah (see Bait Yitzchok)" (in Hebrew).

[1] Jacob Neusner The Comparative Hermeneutics of Rabbinic Judaism: Seder Moed 2000, Page 108 "T. 3:1 There are two presumptive grounds for a person's being deemed to be in the priesthood in the Land of Israel: Raising up hands [in the priestly benediction], and sharing heave-offering at the threshing floor."

[2] The Talmud of the Land of Israel: An Academic Commentary Volume 1 Jacob Neusner – 1998 "Just as eating heave offering is presumptive evidence that a person is a priest in the case of the dividing of shares at the threshing floor], so first tithe is presumptive evidence that a person is a Levite in the case ..." (Jerusalem Talmud Ketubot 2:7, etc.)

[cy247-3] Cite error: The named reference cy247 was invoked but never defined (see the help page).

[k24-4] Babylonian Talmud Ketubot 24b

[5] "A sound Chazakah (see Bait Yitzchok)" (in Hebrew).

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